Basic Summary:

The CPSIA lowers the amount of lead that can be in children’s products. Section 101 sets new limits for the lead content in children’s products and the amount of lead in the paint used on those products.

Lead Content Limits

The limits on the amount of lead in children’s products are phased in over the course of three years. By February 10, 2009, products designed or intended primarily for children 12 and younger may not contain more than 600 ppm of lead. Children’s products that contain more lead than 600 ppm are banned in the U.S. after February 10, 2009, and the sale of those products can result in significant civil and criminal liability. The statute provides that paint, coatings or electroplating may not be considered a barrier that would make the lead content of a product inaccessible to a child. After 1 year from enactment, or August 14, 2009, products designed or intended primarily for children 12 and younger cannot contain more than 300 ppm of lead. The limit goes down to 100 ppm after three years, or August 14, 2011, unless the Commission determines that it is not technologically feasible to have this lower limit.

Some children’s products may be exempted or excused from these new lead limits if a component part containing lead is inaccessible. The Commission will provide guidance by rule on what component parts are inaccessible within a year. The Commission will also evaluate whether certain electronic devices, including devices that contain batteries, must comply with the lead limit.

Lead in Paint Limit

In addition, after 1 year or August 14, 2009, the Act provides that paint and similar surface-coating materials for consumer use must be reduced from 600 ppm to 90 ppm.

Effective Date: Lead content limit of 600 ppm becomes effective 180 days after enactment. An advisory opinion regarding the application of the new lead limit to inventory existing at the effective date can be found on our web site at http://www.cpsc.gov/library/foia/advisory/317.pdf. The lead content limit lowers again to 300 ppm at 1 year after enactment. The lead in paint limit goes down to 90 ppm 1 year after enactment.

Read the answers to Frequently Asked Questions (FAQs) related to this Section of the CPSIA.

For more information on the CPSIA contact the Consumer Product Safety Commission at http://www.cpsc.gov/cgibin/newleg.aspx, and we will address the most frequently asked questions.

This document is an unofficial description of one of the sections of the CPSIA and does not replace or supersede the statutory requirements of the new legislation. The dates used follow the legislation. Some may be subject to change based on final Commission action. These summaries are those of the CPSC staff and have not been reviewed or approved by, and may not necessarily reflect the views of the Commission.