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Do you sell a product intended to be used by a child 12 or under? If so, you may be bound to the rules of the CPSIA
Exposing Lead provides the XRF testing to screen your product is below the new lead limit. To book your appointment click here.
On August 14, 2008 the CPSIA was signed into law.
UPDATE
CPSC Extends Stay on Lead
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10083.html
CPSC enforcement on lead level policy effective February 10th.
The CPSC has issued a stay effective until February 10, 2010 on certain provisions on the CPSIA. The stay applies to testing and certifying your product. However, it does not apply to the 600ppm lead level limit. So children’s products above the limit cannot be sold. In my experience, I have found lead in buttons, zipper pulls, zipper teeth, charms, stones, vinyl, some canvas type material (much stiffer then cotton), snaps, clips and there has been a recall on screen prints.
What the Act says about XRF:
METHODS FOR SCREENING LEAD IN SMALL PAINTED AREAS.— In order to provide for effective and efficient enforcement of the limit set forth in section 1303.1 of title 16, Code of Federal Regulations, the Commission may rely on x-ray fluorescence technology or other alternative methods for measuring lead in paint or other surface coatings on products subject to such section where the total weight of such paint or surface coating is no greater than 10 milligrams or where such paint or surface coating covers no more than 1 square centimeter of the surface area of such products. Such alternative methods for measurement shall not permit more than 2 micrograms of lead in a total weight of 10 milligrams or less of paint or other surface coating or in a surface area of 1 square centimeter or less.
Can XRF technology be used to support general conformity certification as to lead paint or lead content limits?Yes. Where third-party testing by an accredited laboratory is required as the basis for certification, that testing cannot be based on XRF technology at this time; however, XRF testing, either by a manufacturer or by a laboratory, may serve as the basis for general conformity certification. Manufacturers are cautioned, however, to be careful in their use of XRF for this purpose given the difficulties in screening for lead in paint with that technology
RESELLERS UPDATE
The CPSC has issued a guidebook to specifically for resellers. Linked here The CPSC has clarified the law for consignment sellers, thrift stores and reseller. Linked Here
“The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.” Release #09-086 Disclaimer: Above information is not intended to be used as legal advise. To determine if this law applies to you or your product, consult an attorney.
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CPSIA Update |
