CPSC Staff: Lead Level for Children's Products Can Drop to 100 ppm Effective August 14, 2011

The Consumer Product Safety Improvement Act provides that the lead substrate level for children's products will drop from 300 ppm to 100 ppm, effective August 14, 2011, unless CPSC finds that the 100 ppm level is not feasible. On June 22, in a long awaited briefing package, the staff recommended that the Commission find that the lower limit is not infeasible. In addition, consistent with a 9/12/08 advisory opinion of CPSC's General Counsel, the briefing package provides that the new requirement will be retroactive: "To the extent that children's products that do not comply with the 100 ppm standard remain on the shelf or in inventories after the August 14, 2011 effective date, these items would need to be removed prior to sale." A meeting for the Commission to vote on the recommendation is set for July 13, 2011 — just 4 weeks before the effective date of the new limit. It remains to be seen whether Congress will take action to address the lead limit or other issues with the CPSIA. –Eric Rubel

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