Section 101(a) of the Consumer Product Safety Improvement Act (“CPSIA”) provides that, as of August 11, 2011, children's products may not contain more than 100 parts per million (ppm) of lead, unless the Consumer Product Safety Commission determines that this standard is not technologically feasible.
The CPSC is seeking input through a notice and hearing process to evalaute the question of technical feasiblity.
The CPSIA (15 U.S.C 1278a(d)) states that a lead limit shall be deemed technologically feasible with regard to a product or product category if:
(1) a product that complies with the limit is commercially available in the product category;
(2) technology to comply with the limit is commercially available to manufacturers or is otherwise available within the common meaning of the term;
(3) industrial strategies or devices have been developed that are capable or will be capable of achieving such a limit by the effective date of the limit and that companies, acting in good faith, are generally capable of adopting; or
(4) alternative practices, best practices, or other operational changes would allow the manufacturer to comply with the limit.
Companies are encouraged to submit comments to the CPSC by September 27, 2010