The Consumer Product Safety Commission (CPSC) has issued a request for information (RFI) regarding third-party testing for “lead content, phthalate content, and the solubility of the eight elements listed in ASTM F963-11.” In particular, the agency has asked whether “there are materials, used in the manufacture of consumer products, that can be determined not to include a prohibited element (lead or certain other elements) or chemical (the six prohibited phthalates that are listed in section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA)), such that third party testing is not required.” CPSC has also requested information about “materials that do not, and will not, contain the prohibited elements or chemicals in concentrations above their applicable limit.”

To this end, the four-part RFI has solicited data on the following children’s products and materials used to manufacture those products: (i) “toys subject to ASTM F963-11, Standard Consumer Safety Specification for Toy Safety, and the presence, if any, or at what levels, of the eight elements designated in section 4.3.5 of the standard”; (ii) “toys and certain child care articles, and the presence, if any, or at what levels, of the six prohibited phthalates listed in section 108 of the CPSIA”; (iii) “manufactured woods and the presence, if any, or at what levels, of lead”; and (iv) “synthetic food dyes and the presence, if any, or at what levels, of lead.” CPSC has also has asked for information concerning the paints, surface coatings and substrates of children’s toys subject to ASTM F963-11; phthalate concentrations in plasticized component parts; and lead concentrations in “complex, nonhomogeneous” wood manufactured products. The agency requests written responses to the RFI by June 17, 2013. See Federal Register, April 16, 2013.