|Office of Information and Public Affairs||Washington, DC 20207|
CPSC Recall Hotline: (800) 638-2772
WASHINGTON, D.C. - Starting on February 10, 2009, consumer products intended for children 12 and under cannot have more than 600 parts per million of lead in any accessible part. This new safety requirement is a key component of the Consumer Product Safety Improvement Act (CPSIA) aimed at further reducing children's exposure to lead.
In an effort to provide clear and reasonable guidance to those impacted by this important law, the U.S. Consumer Product Safety Commission (CPSC) is announcing its enforcement policy on the lead limits established by the CPSIA.
Manufacturers, importers, distributors, and retailers should also be aware that CPSC will:
Sellers will not be immune from prosecution if CPSC's Office of Compliance finds that someone had actual knowledge that one of these children's products contained more than 600 ppm lead or continued to make, import, distribute or sell such a product after being put on notice. Agency staff will seek recalls of violative children's products or other corrective actions, where appropriate.
This enforcement policy will remain in effect until superseded by action of the Commission.
CPSC still expects companies to meet their reporting obligation under federal law and immediately tell the Commission if they learn of a children's product that exceeds the new lead limits starting on February 10, 2009. Companies also should know that the CPSIA generally prohibits the export for sale of children's products that exceed the new lead limits.
As announced on January 30, 2009, the Commission approved a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers. Significant to makers of children's products, the 'stay' provides limited relief from the testing and certification for total lead content limits, phthalates limits for certain products and mandatory toy standards. Manufacturers and importers - large and small - of children's products will not need to test or certify to these new requirements, but will still need to meet the lead and phthalates limits, mandatory toy standards and other requirements. Certification based on testing by an accredited laboratory is still required for painted children's products and soon will be required for children's metal jewelry, as well as certain other products for non-lead issues.