The US Consumer Product Safety Commission (CPSC) published a final rule to amend its regulations at 16 CFR Part 1303 Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint, which will be effective on August 14, 2009. Effective August 14, 2009 as mandated by Congress in section 101(f) of the Consumer Product Safety Improvement Act of 2008, Pub.L.110-314, the lead content (calculated as lead metal) allowed of 0.06 percent is reduced to 0.009 percent.
The CPSC also announced that, the phthalate provision in Section 108 of the US Consumer Product Safety Improvement Act of 2008 (CPSIA) would NOT be applied retroactively to existing inventory. Therefore, only children’s toys and child care articles that are manufactured on or after February 10, 2009 would be required to comply with the prohibition of phthalates. What this means is that any items entering the US after said date will have to be reviewed based on manufacturing dates. If there is any item being manufactured after February 10, 2009, it WILL have to comply with the new requirements.
The final rule details requirements regarding the size and placement of the cautionary labeling and the use of abbreviated warnings. The rule exempts catalogues circulated solely between businesses from the rule’s requirements, except where the recipient business is one that could be expected to be purchasing the product for the use of children rather than for resale. There is a grace period of 180 days for distribution of catalogues and other printed materials printed prior to the effective date of February 10, 2009.
