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CPSC responded to PIA's request for an Advisory Opnion Letter regarding the new CPSIA lead and phthalate requirements.
Here is a brief summary and analysis of the letter:
- CPSIA does not apply to ordinary books intended for readers of all ages, including children.
- CPSIA lead-in-paint requirements do not apply to ordinary books intended for children 12 or younger.
- CPSIA total lead content requirements do apply to ordinary books intended for children 12 or younger, curiously based apparently on the issue of printing ink becoming part of the substrate for total lead content evaluation purposes.
- CPSIA total lead content testing requirements apply to finished products and not component materials.
- CPSIA phthalates requirements do not apply to ordinary books intended for children 12 or younger, unless such books have "some inherent play value and constitute toys or have toy like features."
- CPSIA phthalates testing requirements would not apply to an ordinary book sold with an accompanying toy, but would apply to the toy itself to meet the phthalates limits of the permanent ban. However, they would not apply to ordinary books for purposes of the interim ban phthalates limits, but would only apply to books that are toys and can be placed in the mouth (needing further definitional input from the "human factors" division of CPSC).
- All of the above is "equally applicable" to educational magazines, posters, bookmarks and other such products that are printed on cardboard or paper and have no play value.
The letter does provide some useful clarifications, but it does not grant all of the exemptions that were requested, especially for the total lead content which was the primary focus. Therefore, based on this letter and prior positions taken by CPSC, the following current conclusions can be drawn:
- The lead content limits will apply to ordinary books for children under 12 years of age.
- There will be no exemption of the underlying materials (yet), because the Commission wants more data presented as to total lead content (not just soluble lead) and a sufficient showing that the materials are standard due to specifications for all ordinary books.
- Each finished book, at least a book from each batch manufactured, or some type of testing conducted on a “reasonable” basis and not just the materials will have to be tested for lead content.
- Lead content certifications from the manufacturer or importer will be required for every children's book or batch manufactured.
- Children's books in inventory in warehouse and at retailers can't be distributed after February 9th unless they meet the applicable lead content limits that the letter now says apply to all children's books.
- Similarly, children’s books with play value in inventory can’t be distributed after February 9th unless they meet the applicable CPSIA lead content limits. These products, however, are not subject to the new CPSIA’s phthalate limits, which the CPSC has stated apply only to products manufactured on or after February 10, 2009. Thus, children’s books with play value in inventory (i.e., manufactured before February 10, 2009) are not subject to the new CPSIA phthalate limits.
The good news is that the CPSC has left open the ability for the industry to submit additional data supporting the request for the exemption. The data that has been collected to date was heavily weighted toward “soluble” lead and not total lead content of the books. The soluble lead is determined by one test method that is designed to simulate what would occur if a child ingested a toy or other product, but the legislation sets the lead limit on the “total” amount of lead in the book or other product. There are some questions surrounding what test method is to be used and how many books need to be tested to satisfy the CPSC in order to gain the desired exclusions. The CPSC also stated they would feel more comfortable with granting the exclusion if there were a set of standards for books and other printed matter that could be referenced. The general consensus of the coalition is that there is not a single set of standards that exist, but some research on this is being conducted. It was concluded that a letter requesting clarification on these testing requirements will be prepared and submitted to the CPSC as well as an effort to see verbal clarification.
In addition, the CPSC has not acted upon the petition from the National Association of Manufacturers calling for an immediate regulation that would exempt a wide variety of products including books and other printed matter. A series of meetings with Congressional staff representatives and CPSC representatives have been set up for the beginning of January where Lisbeth Lyons, Julie Riccio, and Gary Jones will present the printing industry’s concerns and reiterate the need for additional exemptions as well as seek clarification on testing requirements.
If you have any questions regarding the CPSIA, please contact Gary Jones at 412-259-1794, Rick Hartwig at 412-259-1792, or Christopher Dugan at 412-259-1794.
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