CPSC to Vote Nov 4th on First "Full Commission" CPSIA Lead Content Exclusion Request, Etc.
At a November 4, 2009 meeting that will be open to the public, the Commissioners of the Consumer Product Safety Commission will vote on a request for an exclusion from the CPSIA lead content limits for children's products.1 The request is for brass wheel parts of toy tractors, etc.
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Following the vote, CPSC's previously announced public hearing on unblockable drains will take place. (See below.)
Brass Wheel Exclusion Request to be First Addressed by Full Commission
The brass wheel lead content exclusion request will be the first such request to be considered by the full quorum of five CPSC Commissioners.
While the CPSIA allows the Commissioners to grant exclusions for materials or products that exceed the CPSIA lead content limits, they can only do so if the materials/products will result in no absorption of any lead into the human body or any other adverse impact on public health or safety.
So far, the Commission has not granted any exclusions, as some lead absorption, however small the amount, was viewed as a possibility.
Commissioners Discussed Possible de Minimis Approach at Recent Meeting
At an October 14, 2009 public meeting, the two newest Commissioners, Northup and Adler, laid out their thinking on requests for CPSIA lead content exclusions, which reflect a possible lightening of the CPSC's strict approach to the lead absorption issue. Both mentioned that a de mimimis approach to the issue might be appropriate.
A third commissioner, Commissioner Nord, who has repeatedly argued against the statutory confines of the CPSIA, might also welcome a less literal interpretation.
(See ITT's Online Archives or 10/15/09 news, 09101510, for BP summary of the October 14, 2009 meeting's discussion.)
Following Vote, CPSC to Hold Public Hearing on Unblockable Drain Guidance
Immediately following the vote, CPSC will hold a public hearing to receive views from all interested parties about the draft guidance for industry entitled, ''July 2009 Staff Draft Technical Guidance on Unblockable Drains,'' a document CPSC has produced pursuant to the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140).
The guidance specifies requirements for a drain cover, such that, when attached to a drain, it constitutes an unblockable drain.
(See ITT's Online Archives or 10/22/07 news, 09102299 8, for BP summary of CPSC's announcement of this hearing.)
Live Webcast Available
A live webcast of the meeting can be viewed at www.cpsc.gov/webcast/index.html.
1The Consumer Product Safety Improvement Act of 2008 (CPSIA, enacted as Public Law 110-314 on August 14, 2008) imposes progressive limits on lead content in children's products (for children 12 and younger) such that: (i) on February 10, 2009, children's products with more than 600 ppm of total lead content by weight in any accessible part became banned hazardous substances; (ii) on August 14, 2009, the allowable lead content limit in children's products decreased to 300 ppm; and (iii) on August 14, 2011, if determined feasible by CPSC, the limit will decrease to 100 ppm.
CPSC meeting notice (FR Pub 10/30/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-26067.pdf