- CPSC Revises Lead Exclusion Rule
- The Consumer Product Safety Commission (CPSC) published a final rule in the Federal Register related to the criteria for granting a functional exception to the 100 ppm total lead in substrates requirement of the Consumer Products Safety Improvement Act (CPSIA). The new rule amends 16 CFR 1500.90 so that it reflects current law (Public Law 112-28 on August 12, 2011). Under the previous regulation, exceptions could only be granted if it could be shown that the exception would not result in any lead being absorbed into the human body, and it would not have any other adverse impact on public health and safety.
Under the new regulation the CPSC shall grant an exception for a specific product, class of products, material, or component part if the product or component requires the inclusion of lead because it is not practicable or technologically feasible to meet the lead requirement; and the product or component is not likely to be placed into the mouth or swallowed under normal and foreseeable use and abuse of the product; and the exception will have no measurable adverse effect on public health and safety in that it will have no measurable increase in blood lead levels of a child.
This new rule became effective on July 10, 2013, the same day that it was published in the Federal Register. The CPSC anticipates providing staff guidance on the procedures for requesting an exemption which will also be posted on the CPSC web site.
