The U.S Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) a direct final rule clarifying when component part testing can be used and clarifying which textile products have been determined not to exceed the allowable lead content limits under the Consumer Product Safety Improvement Act (CPSIA). If the CPSC does not receive any significant adverse comments within 30 days of publication in the FR (Nov. 13, 2015), the rule will become effective within 60 days of publication in the FR (Dec. 14, 2015). The Commission believes that these clarifications will simply allow manufacturers avoid unnecessary testing.
Clarification of the Textile Lead Determination in 16 CFR 1500.91
• The CPSC determined that certain materials and products inherently do not contain lead at levels that would exceed the requirements of CPSIA (90 ppm for coatings and 100 ppm for substrates). These materials are listed in 16 CFR 1500.91, therefore, materials listed under this determination are not required to be third party tested.
• Section 1500.91(d)(7) states that the determination (exemption) applies to “textiles (excluding after-treatment applications, including screen prints, transfers, decals, or other prints) consisting of [various fibers].” This rule clarifies that “other prints” refers to only those after-treatment applications that use non-dye substances that do not become part of the fiber matrix but remain a surface coating. Therefore, only scrapable prints on textiles require third party testing to the lead requirement. Non-scrapable prints on textiles do not require third party testing.
Clarification of the Component Part Rule in 16 CFR 1109
• The component part rule allows manufacturers to meet their testing and certification obligations under section 14 of the CPSIA, by providing flexibility to rely on component part testing if it is easier and less expensive than final product testing as long as testing of the component part will provide the same information about compliance as testing the finished product.
• Within 16 CFR 1109, subpart A provides the general requirements for component part testing, and subparts B and C provide additional requirements for specific products and requirements. As the requirements of subparts B and C are limited to lead and phthalates requirements, some parties have misinterpreted the component part rule as limited to just these requirements.
• The component part rule is not limited to lead and phthalate testing. It may also be used for certain mechanical and performance tests that can be performed at the component part level of a product. For example, it can be used to test substrates to the heavy metal requirements of the toy standard ASTM F963. Additionally, component part testing would be appropriate for the bicycle rim test, in which the bicycle wheel must be removed from the bicycle.
• The amendment also updates the ASTM F963-08 reference to the latest version ASTM F963-11.
• Additionally, it updates section 1109.13 to refer to guidance the CPSC provided after publication of the component part rule which states that inaccessible components do not need to be tested for phthalate content.