CPSC extends stay for testing of lead in certain children’s products

The U.S. Consumer Product Safety Commission (CPSC) has voted to delay the implementation of lead content testing and certification requirements for certain children’s products.

In a 4-1 vote in late January 2011, the Commission agreed to delay until December 31, 2011 the requirement that children’s products be tested and certified by a CPSC-approved third-party laboratory for compliance with federal lead content limits.  After that date, testing and certification of lead content will be required for children’s products sold within the United States.

However, in a press release announcing the stay of enforcement, the Commission notes that manufacturers, importers and retailers must continue to comply with the federal restrictions for total lead content in children’s products.  Those restrictions limit lead content to not more than 300 parts per million (PPM), and to not more than 90 ppm for lead in paint and surface coatings.  That content limit of 300 ppm is scheduled to be reduced to 100 ppm on August 14, 2011, unless the CPSC determines that achieving this lower limit is not technically feasible.

It is also important to note that the CPSC’s stay of enforcement regarding testing and certification of lead content in certain children’s products does not apply to children’s jewelry.  Manufacturers and importers of products in this category must continue to verify through third-party testing that the lead content in their products does not exceed the above limits.