be capable of access to a child. CPSC considers products that exceed 600 ppm accessible or ingestible lead to violate this provision.

Transcription

1 so Legislation, Regulations, Guidelines and Standards Restricting Lead in Consumer Products U.S. Federal Regulations and Requirements Applicable to Lead in Children s Products 15 U.S.C. 1261(q)(1) In force 16 C.F.R. Part 1303 In force Any toy or article intended for use by children 1) Toys or other articles intended for use by children that bear lead-containing paint (includes paint on children s jewelry and on toy jewelry) 2) Furniture articles for consumer use that bear lead containing paint Bears or contains a hazardous Tests appropriate to potential substance in such manner as to exposure scenarios used be capable of access to a child. CPSC considers products that exceed 600 ppm accessible or ingestible lead to violate this provision. None 0.06% by weight of the total AOAC Lead in Paint House paint nonvolatile content of the paint or the weight of the paint or the weight of the dried paint film (calculated as lead metal) 1 Total lead is determined by digestive lead test. Accessible lead is determined by: 1) wipe tests (simulating hand to mouth transfer), NIOSH Manual of Analytical Methods, Method 9100 (Lead in Wipe Samples), Issued 1994 or CPSC Wipe Test Method as presented in CPSC Staff Report on Lead and Cadmium in Children s Polyvinyl Chloride (PVC) Products, Appendix (Nov.21, 1997); 2) saline extraction testing (simulating mouthing and sucking) CPSC Saline Extraction Method as presented in CPSC Staff Report on Lead and Cadmium in Children s Polyvinyl Chloride (PVC) Products, Appendix (Nov.21, 1997); and 3) acid extraction test (simulating ingestion), such as ASTM C 927, EN-71 or the CPSC method for accessible lead in children s metal jewelry. Page 1 of 12

2 CPSC Interim Enforcement Policy for Children s Metal Jewelry Containing Lead (February 3, 2005) In force A.B Jewelry Material Standards (California) Cal. Health & Safety Code Adopted: September 22, 2006 : September 1, 2007; reduced standards August 31, 2009 Children s metal jewelry Less than or equal to 0.06% by weight (600 ppm) or accessible lead exceeds 175μg CPSC methodology Standard Operating Procedure for Determining Lead (Pb) and Its Availability in Children s Metal Jewelry (February 3, 2005) (for components other than coatings). Total lead and accessible lead methods specified. 2 U.S. State Legislation Applicable to Lead in Children s Products Children s jewelry (jewelry made for, marketed for use by, or marketed to children 6 and under, including vending machine jewelry) - Metal (plated and unplated): 0.06% (600ppm) - Dyes, surface coatings: 0.06% (600ppm) - Glass, crystal: 0.02% (200 ppm) if component exceeds 1 gram - Plastic and rubber: 0.06% (600 ppm) (until ); 0.02% (200 ppm) (after ) - Miscellaneous items to which lead is added: 0.02% (200 ppm) By definition, does not cover crystal, glass or rhinestone, plastic, wood, gemstones or other materials EPA Method 3050B (Acid List of Class I materials Digestion of Sediments, (sterling silver, karat gold, Sludges or Solids) or EPA certain gemstones, glass Method 3051 (Microwave and crystal < 1 gram, etc.) Assisted Digestion/Sludges, Solids) with test modifications according to Health and Safety Code Section The CPSC accessible lead test method requires use of an Inductively Coupled Plasma mass spectrometer; very few labs have this equipment. 3 This method is also mandated by a consent agreement settling a Proposition 65 lawsuit to which approximately 70 companies in the jewelry industry are subject. Page 2 of 12

3 A.B Jewelry Material Standards (California) Cal. Health & Safety Code Adopted: September 22, 2006 : March 1, 2008; reduced standards August 31, 2009 H.B Public Act No (Connecticut) Adopted: May 15, 2008 : October 1, 2008 (Signed by Governor 6/2/08) Other jewelry (jewelry not covered by the definition of children s jewelry, e.g. jewelry for those over 6) Toys, clothing, accessories, jewelry, decorative objects, candy, food, dietary supplements and other chewable items, furniture, articles used for personal, family or household purposes intended for children 12 and under. Gives administrator authority to require products for the general public that contain lead to bear warning statement (provision modeled on IL law). - Properly plated metal: 10% (until ); 6% (after ) - Unplated metal: 1.5% - Glass, crystal: no limits - Plastic and rubber: 600 ppm (until ); 200 ppm (after ) - Dyes, surface coatings: 600ppm - Miscellaneous materials not listed or exempt: 600 ppm -300 ppm lead by weight between July 1, 2009 June 30, ppm on or after July 1, 2011; stricter standard as low as 40 ppm if Commission or Consumer Protection determines it is feasible - 90 ppm paint on or after July 1, mg/cm² on or after July 1, 2009 for paint EPA Method 3050B (Acid Digestion of Sediments, Sludges or Solids) or EPA Method 3051 (Microwave Assisted Digestion/Sludges, Solids) with test modifications according to Health and Safety Code Section List of Class I materials (sterling silver, karat gold, certain gemstones, glass and crystal, etc.) Inaccessible parts and electronic devices (including batteries) Page 3 of 12

4 Illinois Lead Poisoning Prevention Act 410 ILCS 45/4 (amended June 20, 2006) Adopted: June 20, 2006 : June 20, 2006 (enforcement discretion; however we recently heard that the IL AG has expressed the intent to enforce) Clothing, accessories, jewelry, decorative objects, or other articles used by or intended to be chewable by children (age 6 generally referenced) Less than or equal to 0.06% by total weight (600 ppm), but pending legislation mandates testing protocols based on EPA Method 3050B or 3051 None Indiana Enrolled Act #143 Approved: March 21, 2008 Effective: March 21, 2008, but state department to adopt rules by May 1, 2009 to implement the provisions, including rules for exceptions Maine LD 2053 Approved: April 14, 2008 Effective: July 1, 2009 Shall not sell a consumer product, surface coating material, food or food packaging product to a child under the age of 7 that has been determined to be a banned hazardous substance under the federal Hazardous Substances Act (15 U.S.C. 1261(q)(1)) or determined by a state agency Toys, lunchboxes, jewelry, other children s products marketed for use by a child under 12 or use of which by a child is foreseeable Product is considered a hazardous substance if lead content is greater than the lesser of the lead content specifications for lead paint in 16 CFR or state law (600 ppm) but test results can be performed by a certified laboratory at the state department's request. Rules must be consistent with federal law % total weight (90 The Maine Center for Disease ppm) except if product or Control and Prevention shall product component covered by test samples of children's federal lead standard products sold in the State to - exceeds CPSC standard for determine whether the paint and surface coatings children's products are leadcontaining products. State may establish exceptions under which items may be sold, offered for sale, or distributed upon the state department's determination that the risk posed to children by the items is minimal Excludes inaccessible component parts, including electronic toys and consumer products, and products that comply with Directive 2002/95/EC (includes crystal) Page 4 of 12

5 Maryland HB 62 Adopted: May 13, 2008 : July 1, 2008 (signed by Governor 5/13/08) Michigan Public Act No. 161 (HB 4132) Adopted: December 20, 2007 : March 20, 2008 Accessories, jewelry, clothing, decorative objects, furniture, lunch boxes and eating utensils, and toys for children under age 6 Jewelry for children 7 and under 0.06% (600 ppm) by weight of total lead of the part, component or coating Less than or equal to 0.06% by total weight (600 ppm) Manufacturers are to test and certify using independent third-party laboratory; issue lead-free certificates to distributors and retailers and to Department of the Environment or other persons on request using protocol and form established by the Department. Electronic devices, specific transportation situations, or vehicles Lead crystal Michigan Public Act No. 159 (SB 174) Toy or child care article for children 7 and under Less than or equal to 0.06% by total weight (600 ppm) Lead crystal Adopted: December 20, 2007 : March 20, 2008 Page 5 of 12

6 Regulating the Manufacture and Sale of Jewelry Products Containing Lead (Minnesota) Minn. Stat. 325E.389 Adopted: May 25, 2007 : Same as CA AB 1681 (September 1, 2007 for children s jewelry; March 1, 2008 for other jewelry; August 31, 2009 for certain reductions in children s and adult jewelry components) Vermont S 152 Adopted: May 1, 2008 : (awaiting Governor s signature) Identical to CA A.B. Identical to CA A.B (separate standards for children s jewelry (made for children 6 and under) and other jewelry for those over 6) Toys, furniture, jewelry, vitamins and other supplements, personal care products, clothing, food, and food containers and packaging intended for children under % lead (600 ppm) by weight effective July 1, % ( 300 ppm) effective January 1, % (100 ppm) effective July 1, 2010 EPA Method 3050B or 3051(identical to CA A.B. 1681) Identical to CA A.B Inaccessible parts Page 6 of 12

7 Washington HB 2647 Adopted: April 1, 2008 : July 1, 2009 (act void if appropriations not provided by June 30, 2008) Toys; children s cosmetics; children s jewelry; children s car seat; product intended to help with sucking or teething, facilitate sleep, relaxation or feeding (for children 12 and under) % by weight (90 ppm) lead; State agency may by rule restrict sale or distribution of children s products or product components containing greater than 0.004% (40 ppm) lead if determined feasible to achieve and necessary to protect children s health.. -Also limits cadmium to 0.004% by weight (40 ppm) and phthalates to 0.1% by weight ( 1000 ppm). List of items containing inaccessible components; Governor s signing statement says this includes electronic toys. No exclusion for crystal, glass, rhinestones. Page 7 of 12

8 U.S. State/Municipal Regulations Applicable to Lead in Children s Products Baltimore City, MD: Children s metal jewelry Metal component may not CPSC methodology By definition only applies Regulatory Action on Lead in Children s Jewelry exceed 1200 ppm total lead prior to September 7, 2007 or Standard Operating Procedure to children s metal jewelry, for Determining Lead (Pb) and not to crystal, glass, Adopted: December 7, 2006 Effective: December 7, ppm after September 7, 2007 Its Availability in Children s Metal Jewelry (February 3, 2005) for total lead. rhinestone, plastic, wood, gemstones or other materials. Department concluded that significant amounts of lead do not leach from glass or crystal. Massachusetts Dept. Of Children s jewelry and jewelry No more than 600 ppm total CPSC methodology None. DPH is considering Public Health components intended for children under 14. lead by weight AND no more than 15 µg/day accessible Standard Operating Procedure extending these for Determining Lead (Pb) and requirements to toys and Adopted: March 12, 2008 Effective: June 13, 2008 lead, which is 3.75 µg. Products with <40 ppm lead may not comply. Its Availability in Children s Metal Jewelry (February 3, 2005) for total and accessible other children s products. lead. 4 Manufacturers must test and certify and make certificate available at point of sale. 4 The CPSC accessible lead test method requires use of an Inductively Coupled Plasma mass spectrometer; very few labs have this equipment. Page 8 of 12

9 U.S. Voluntary Standards Applicable to Lead in Children s Products ASTM F963-96a Standard Consumer Safety Specification on Toy Safety Section Alaska Senate Joint Resolution 18 (SJR 18) California AB 2694 Toys with lead-containing paint (surface coatings) (includes toy jewelry) 90 ppm (μg/g) of soluble levels of lead in dried surface coatings on the toy article ASTM F963-96a 0.06% (600 ppm) by weight of total lead in the dried surface coating on the toy article Pending State Legislation on Lead in Children s Products (Partial List) Requests the President of the United States to direct the Consumer Product Safety Commission to test the materials used in toys and other children's products for toxicity and to make the results publicly available Note specified N/A Clothing, accessories, -40 ppm by weight decorative objects, edible items -0.4% total lead by weight in (candy, food, dietary non-volatile content of paint supplement), toys, furniture items intended for children 12 and under. Excludes jewelry California SB 1713 (passed Senate 5/15 and moved to Assembly) Toys or childcare article (for children under 12 (lead) or children under 3 (phthalates and bisphenol-a)) - no detectable lead - no detectable bisphenol-a; certain phthalates limited to 0.1% None. Requires replacement with least toxic alternatives. Page 9 of 12

10 Connecticut HB 5601 Connecticut SB 343 Illinois SB 1687 Product that presents an electrical, mechanical or thermal hazard intended for children 12 and under. Clothing, accessories, jewelry, decorative object, candy, food, dietary supplements or other edible or chewable items, toys, furniture or other articles used by or intended to be used by children 12 and under 40 ppm lead; also restricts various phthalates and bisphenol-a -600 ppm by weight for products -90 ppm or.009 milligrams per centimeter squared for lead paint Identical to CA A.B. Identical to CA A.B (separate standards for children s jewelry (made for children 6 and under) and other jewelry (for those over 6) Illinois SB 2868 and HB 5705 Toys, cosmetics, jewelry, articles intended to be used for sucking or teething, to facilitate sleep, relaxation, or feeding, or clothing, child car seats for children 12 and under 0.004% by weight (40 ppm) lead; also limits cadmium, phthalates and bisphenol A EPA Method 3050B or 3051(identical to CA A.B. 1681) Economic poisons subject to FIFRA or chapter 441, foods, drugs and cosmetics subject to chapter 418, or substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house Products that require electrical, mechanical or thermal hazard to be present List of Class I materials Industrial or manufacturing purposes, transportation vehicles, combustion byproducts Page 10 of 12

11 Illinois HB 5789 (died but expected to be reintroduced) Michigan HB 4240 New Jersey A 2877 New York S 6635 Clothing, accessories, jewelry, food, decorative items, toys, furniture, or other articles intended to be used or chewable by children Product designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of children or to help children with sucking or teething intended for children under 7 Jewelry (any ornament for personal adornment, including but not limited to, watches, necklaces, bracelets, gems, and precious and semiprecious stones); age is not specified Children s jewelry (for children 6 and under) 0.004% by weight (40 ppm) lead 0.06% lead (600 ppm) by weight Bans jewelry containing any lead and mercury (limits not specified) and requires immediate recall of such products. Retailers can return to manufacturer at manufacturer s cost. Less than or equal to 0.06% by total weight (600 ppm) EPA Method 3050B or 3051(identical to CA A.B. 1681) None None None List of Class I materials Page 11 of 12

12 South Carolina H and H Tennessee HB3082/SB3241 Children s cosmetics, jewelry, or products (for children under 12) Toys and product designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of children or to help children with sucking or teething (for children 7 and under) Less than 90 ppm (more than.009 percent by weigh) though the limit could be lowered to 40 ppm if determined feasible; also lists cadmium and phthalates Lead or lead coating with 0.06% by total weight (600 ppm) No specified Batteries, video toys that can be connected to a video screen, consumer electronic products, including, but not limited to, personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen, used to access interactive software, and their associated peripherals None Page 12 of 12