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News Briefs:

New EU adds eight new substances to the REACH candidate list June 2010

New California updates Prop 65 chemical list April 2010

New JIG-101 edition 3.0 released March 2010

New IPC issues new 175X family of declaration standards February 2010

EU amends list of ELV exemptions February 2010

CPSIA issues new timeline for testing of children's products December 2009


EU expands scope of its Ecodesign Directives to energy-related products October 2009

China proposes 'the catalog' for RoHS Phase 2 October 2009

China plans expansion of PEANCS (new chemical substances) June 2009

EU recommends first list of substances requiring authorization under REACH April 2009

California approves the Green Chemistry Initiative September 2008

NGO ChemSec releases 'SIN' list (Substitute It Now) September 2008

US adopts CPSIA for lead & phthalates in children's products and for lead paint August 2008

EU Court of Justice ends decaBDE exemption for RoHS April 2008


EU releases draft of proposed RoHS changes (known as RoHS2) 2008

EU considers adding medical devices and monitoring & control instruments to RoHS

EU considers adding new prohibited substances to RoHS

RoHS2 would rely upon standards developed by European standards organizations

EU releases its study on the 'simplification' of RoHS


EU releases its study of the costs and benefits of RoHS


Eight EU Member States are cited for RoHS & WEEE transposition failures

California governor vetoes bill to expand RoHS October 2007

Northeastern US states propose Model Electronic Recycling Act 


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What is the timeline for CPSIA?

Public Law 110-314 - CPSIA
Stay - Feb 2009
Revised Stay - Dec 2009
Interim Policy - Dec 2009
1500.87 Inaccessible Parts
1500.88 Electronic Devices
1500.91 Inherently Below

CPSIA is short for the US Consumer Product Safety Improvement Act of 2008:
  The law itself is published in Title 15 (commerce and trade) of the United States Code (USC)
  Regulatory guidance is published in Title 16 (commercial practices) of the Code of Federal Regulations (CFR)
  Administration is by the Consumer Product Safety Commission (CPSC) which provides extensive information on its website www.cpsc.gov
There are two separate enforcement issues for CPSIA:
  When the products themselves must meet CPSIA standards for lead paint, lead content, phthalates and toy safety
  When the manufacturer's certificate of compliance (CofC) must be based on third-party testing by an accredited lab (children's products only)
Standards are enacted for different classes of products, largely based upon the age of the intended user:
  Children's products - products intended for use by children 12 years or younger; excludes products intended for use by all ages and educational materials with a functional purpose (e.g. chemistry sets, electronics kits)
  Children's toys - products intended for use in play by children 12 years or younger
  Child care articles - products that facilitate sleep, feeding, sucking or teething for children 3 years or younger
  Durable nursery product - cribs, beds, high chairs, booster chairs, bath seats, gates, activity centers, infant carriers, strollers, walkers and swings intended to be used by children under 5 years
The requirements for the products themselves have not changed. Products imported, sold or distributed in the US must comply with CPSIA standards by the original date (manufacturing date of product is not a factor):
  February 10, 2009
  Lead content: 600 ppm for children's products
  Phthalates: 1,000 ppm (0.1%) for children's toys & child care articles
  ASTM F963-07 safety standard for children's toys includes:
    Lead in paint: 600 ppm
    Soluble lead (Pb): 90 ppm
    Soluble antimony (Sb): 60 ppm
    Soluble arsenic (As): 25 ppm
    Soluble barium (Ba): 1,000 ppm
    Soluble cadmium (Cd): 75 ppm
    Soluble chromium (Cr): 60 ppm
    Soluble mercury (Hg): 60 ppm
    Soluble selenium (Se): 500 ppm
  August 14, 2009
  Lead paint: 90 ppm (0.009%) for paint "sold as such", household furniture and children's products
  Lead content: 300 ppm for children's products
  Tracking labels required for children's products
  August 14, 2011
  Lead content: 100 ppm for children's products (CPSC will set alternate limit if 100 ppm is not technically feasible for the product)
Third-party testing of children's products has been repeatedly delayed by the need for CPSC to develop final rules concerning safety standards, test methods, accreditation of test labs, and similar complex issues. Third-party testing is required for the following children's products manufactured after these dates:
  December 21, 2008
  Children's products with paint: 600 ppm lead paint
  March 23, 2009
  Children's metal jewelry: 600 ppm lead content
  August 14, 2009
  Children's products with paint: 90 ppm lead paint
  Children's metal jewelry: 300 ppm lead content
  February 10, 2011
  All other children's products: 300 ppm lead content
  No date set - stay is ongoing
  Children's toys/child care articles: 1,000 ppm (0.1%) phthlates
  Children's toys: ASTM F963 safety standard includes
    90 ppm soluble lead (Pb)
    60 ppm soluble antimony (Sb)
    25 ppm soluble arsenic (As)
    1,000 ppm soluble barium (Ba)
    75 ppm soluble cadmium (Cd)
    60 ppm soluble chromium (Cr)
    60 ppm soluble mercury (Hg)
    500 ppm soluble selenium (Se)
CPSC has issued the following guidance on lead content limits in children's products:
  Inherently below (any children's product): some materials by their nature never exceed the lead content limits; testing is not required for materials listed in 16 CFR 1500.91
  Inaccessible parts (any children's product): lead limits do not apply to parts that are not physically accessible to a child; component must be covered by sealed covering or casing (paint, coatings and electroplating are insufficient)
  Part must remain physically inaccessible to the child during reasonable use and abuse (includes swallowing and breaking but not intentional disassembly by an older child)
  Third-party testing of inaccessibility is not required
  Replaceable parts (children's electronics only): lead content limits do not apply to removable or replaceable components (such as battery packs and light bulbs) if they are inaccessible when installed in the product
  Exemptions for lead (children's electronics, bicycles and ATVs) are granted when full compliance is not technologically feasible
There are two types of certificates of compliance for CPSIA:
  General conformity certification
  Required for consumer products that are not children's products and for children's products prior to the effective date for third-party testing
  Must be based upon a "reasonable testing program" by the manufacturer (may be completely in-house)
  Third-party testing and certification
  Required for children's products once the effective date for third-party testing is reached (see above)
  Testing must be performed by an ISO 17025:2005 certified lab that is registered with CPSC (in-house labs must be fire-walled)
  Manufacturer may rely upon the certificate from another person if that certificate is based upon test results from a recognized third-party lab (no need to duplicate testing within the supply chain)
General conformity certification is required for these consumer products that are not children's products:
  February 10, 2010
  Paint "sold as such" (90 ppm lead)
  Furniture articles with paint (90 ppm lead)

This summary is intended to give you an easy-to-understand overview and does not constitute legal advice. The actual standard in the original language should be reviewed and used for all business, legal, and product compliance purposes.

Should you need assistance in meeting the requirements of CPSIA for lead and lead paint, we stand ready to help you. Just email us or give us a call at 972-679-8996 for a timely and personalized response.

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Quick Tutorial:

    STANDARDS:    
What are Standards?
New What is JIG-101?
New What is IPC-1752?
What is the IEC?
What is TC 111?

What is the WTO?
What is TBT?

       USA:        What is CPSIA?
CPSIA timeline
CPSIA exemptions

What is California REACH?
What is California RoHS?
What is California WEEE?

What is Proposition 65?


      EUROPE:     

What is ELV?
      ELV exemptions

What is IMDS?

What is GADSL?

Compare IMDS vs RoHS

What is EuP?
What is ErP?
What is Ecodesign?
Implement. Measures

What is
REACH?
What are SVHCs?
      Proposed SVHCs
      New Candidate list
      Priority substances
About Pre-registration

About REACH fees
What is SIN list?

What is RoHS
?
     RoHS exemptions
What is 
WEEE?
What is Due Diligence?

What is RoHS2
?
What is New Approach?
New Legislative Framework?

What is the CE Mark?
What about Packaging
?
What about Batteries?
        
      JAPAN:      
Design for Environment
What is Japan RoHS?
What is J-Moss?

      CHINA:      
What is China REACH?
What is China RoHS?
      Phase 1
      Phase 2
What is Clean Production?

        
      KOREA:      
What is Korea RoHS?
What is EPR System?

    HYPERLINKS:   
red hyperlinks are links to official government documents (usually in .pdf)

              
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