On October 14, 2015, the U.S. Consumer Product Safety Commission (CPSC) issued a direct final rule1 amending the Component Part Testing Rule, 16 CFR 1109, clarifying when it may be used, and Lead Content Material Exemptions Rule, 16 CFR 1500.91, clarifying which printed textiles have been determined not to exceed the allowable lead content limits. Following is a summary of amendments:
Component Part Testing:
In 2011 the CPSC passed the rule 16 CFR 1109 that sets forth the requirements for reliance on the testing or the certification from another party, by a U.S. manufacturer or importer for meeting their testing and certification obligation under Section 14 of the Consumer Product Safety Act (CPSA). The intent of this rule was to reduce redundancies in testing by pushing it upstream in supply chain, where it is easiest to perform and also probably least expensive.
The rule has 3 subparts: subpart A provides general requirements for component part testing, subpart B provides additional conditions for specific products and requirements, and subpart C provides requirement for composite testing.
The amendment clarifies that the manufacturer may use component part testing for mechanical hazards, performance or other tests, in addition to the specific tests identified in subpart B and subpart C. For example, the component part testing may be used for the soluble element test for substrate per ASTM F963-11 even though it is not identified in the rule.
Additionally, the amendment revises the reference for the ASTM F963 standard from the 2008 version to the 2011 version to make it current. Also, for the phthalate content the rule clarifies that the requirement does not apply to inaccessible components, wherein the inaccessibility determination is based on the evaluation of the finished product.
Lead Content Exemption – Printed Textiles:
During determinations regarding lead content for certain materials rule, 16 CFR 1500.91, the CPSC identified materials that inherently do not contain lead and meet the CPSIA total lead content requirements for children’s products, as long as they were not treated or adulterated with materials that could add lead. For textile material, due to the phrasing of the exemption, there was ambiguity about which printed textiles used in children’s products were exempt and did not require testing for lead content.
Thus the Lead Content Determination Rule, 16 CFR 1500.91, section (d)(7) is revised, by the Commission, to clarify that the textiles that have treatments and applications consisting entirely of dyes do not exceed the lead content limits, and are not subject to the third party testing requirements for children’s products, so long as those materials have not been treated or adulterated with materials that could add lead. So the printed textiles subject to lead testing will be the ones where a non-dye substance is used, which does not become part of the textile fiber matrix, but remains on the surface.
The direct final rule goes in effect on December 14, 2015, unless CPSC receives significant adverse comment on the rule by November 13, 2015.
For questions, please contact:
Dr. Pratik Ichhaporia