CPSC General Counsel Publishes Clarification on Lead Testing and Certification Requirements

Earlier this week, the CPSC General Counsel published a letter (dated January 15, 2009) regarding lead testing and third-party certification requirements for children’s products.  Notably, General Counsel indicated that there could be changes that would allow third-party testing of product components rather than requiring testing of every finished product.

In addition, General Counsel clarified that, beginning February 10, 2009 (until August 2009) children’s products do not need to be certified by a third-party with regard to lead, but rather only need a General Conformity Certificate.  General Conformity Certificates can be based on a reasonable testing program, including X-Ray Fluorescence (XRF) technology “if that technology is used in a reliable manner.”  In addition, for General Conformity Certificates, the final product does not need to be tested if the component parts have been tested and the manufacturing process does not introduce potential new sources of lead.

Similarly, a retailer may rely on General Conformity Certificates provided by a manufacturer with regard to lead until August 2009.

As of August 14, 2009, General Conformity Certificates will not be enough to certify children’s products with regard to lead content.  At that point, certification by an accredited third-party will be required, and, based on the rollout schedule set forth in the CPSIA, lead limits will drop to 300ppm.  Further, as written, the CPSIA requires third-party tests to be completed on finished products; component testing is not allowed.   However, General Counsel provided some indication that that may change before the testing requirements take effect:

“The Commission staff has been considering the issue of whether and when component testing will be sufficient for the certification of products based on third-party testing.  We anticipate addressing the use of component testing for third-party certification by rule or guidance before the third-party testing requirements go into effect for lead content in August [2009]”

I will post additional information as it becomes available.

Source: January 15, 2009 Letter of CPSC Gerneral Counsel

UPDATE 01/30/09:  CPSC grants one year stay on certain certificate and testing requirements.