Which Electronic Children’s Products are Exempted from the Lead Ban: Commission Rules

The Commission published a proposed rule with regard to lead in electronics intended for children on January 15. 2009.  The proposal suggested that a number of uses of lead in electronic products for which it is “technically infeasible” to meet the lead limits would be exempted from the lead ban, but the final ruling could not take place until after the close of the public comment period on February 17, 2009.   Without an exemption in place, all manufacturers – whether it is likely their products will be exempted or not – are required to comply with lead bans as of February 10, 2009.

To address this lag time between when manufacturers of electronic devices must comply with the lead ban (02/10/09) and when they will know which products are exempt from the lead ban (after 02/17/09), the Commission announced that it is withdrawing the proposed rule.  In its place, the Commission has posted an “interim” final rule which spells out exactly which electronic products, or components of electronic products will be exempted.

“Based on staff’s review, the Commission has determined that the following exemptions for lead as used in certain components parts in children’s electronic devices that do not meet the lead content limits under the CPSIA are currently necessary:

1. Lead blended into the glass of cathode ray tubes, electronic components and fluorescent tubes.
2. Lead used as an alloying element in steel.  The maximum amount of lead shall be less than 0.35% by weight (3500 ppm).
3. Lead used in the manufacture of aluminum.  The maximum amound of lead shall be less than 0.4% by weight (4000 ppm).
4. Lead used copper-based alloys.  The maximum amound of lead shall be less than 4% by weight (40,000 ppm).
5. Lead used in lead-bronze bearing shells and bushings.
6. Lead used in compliant pin connector systems.
7. Lead used in optical and filter glass.
8. Lead oxide in plasma display panels (PDP) and surface conduction electron emitter displays (SED) used in structural elements; notably in the front and rear glass dielectric layer, the bus electrode, the black stripe, the address electrode, the barrier ribs, the seal frit and frit ring as well as in print pastes.
9. Lead oxide in the glass envelope of Black Light Blue (BLB) lamps.”

Any electronic product or component part of an electronic product that is intended for children aged twelve and under and that does not fall into one of the above categories of exemption must comply with the ban on lead limits as of February 10, 2009.  If the lead-containing component cannot be made inaccessible, it must meet the lead limits.  Comments are open for thirty days.

The complete interim final rule can be found here: http://cpsc.gov/library/foia/foia09/brief/leadwithdrawal.pdf

Until finalized, the above exemptions and rules could change.  Indeed, as we have seen recently with the reversal of the Commission opinion on phthalates inventory, rules may continue to evolve even after they have been “finalized.”   While I will continue to follow closely the news of the CPSC, I cannot guarantee that all changes will be reflected in this blog.  As always, my opinions and understandings are offered as information only and not as legal advice.  Readers are advised to be aware of this website’s terms and conditions and to contact a competent, licensed attorney with experience in the relevant area before making decisions that could affect their business or the safety of their customers.