CPSC Lead Program: Regulations, Guidance, and Outreach

Frank J. Nava

U.S. Consumer Product Safety CommissionJanuary 26, 2006

These comments are those of the CPSC staff, have not been reviewed or approved by, and may not necessarily reflect the views of, the Commission.

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U.S. Consumer Product Safety Commission

• Independent, Federal regulatory agency, established 1973

• Mission is to reduce unreasonable risks of injury from consumer products

• Jurisdiction includes over 15,000 types of products sold to consumers for personal use in or around the household or school (does not include cars, airplanes, foods, medical devices, tobacco, or pesticides)

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Regulatory Authority for Lead

• Consumer Product Safety Act (CPSA),15 U.S.C. § 2051-2084

• Federal Hazardous Substances Act (FHSA), 15 U.S.C. § 1261-1278

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Consumer Product Safety Act (CPSA)

• Under this Act the CPSC has:• Banned paint and similar surface coatings

intended for consumer use containing in excess of 0.06% lead by weight (1978)

• Banned toys and other articles for use by children with lead-containing paint

• Banned furniture for consumer use with lead-containing paint

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Federal Hazardous Substances Act (FHSA)

• Authorizes action when a product is or contains a “hazardous substance” [15 U.S.C. § 1261(f)]

• Covers lead or other toxic substances

• Considers exposure

• Requires case by case hazard assessment

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FHSA, Continued

• Toy or other article intended for children and containing a hazardous substance is a banned hazardous substance, 15 U.S.C. § 1261(q)(1)

• Product not specifically intended for children may require precautionary labeling, 15 U.S.C. § 1261(p)

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Health Hazard Assessment For Lead

• Health scientists assess accessibility to the lead in the product and estimate possible level of exposure

• Assess how long exposure could occur; e.g., a child might mouth the toy every day for a month

• Define hazardous level of exposure based on level of lead in blood

• Determine whether the estimated exposure is “hazardous”

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Guidance Policy

• Guidance Policy for Lead in Consumer Products, 16 C.F.R. 1500.230, 12/22/98

• For manufacturers, importers, distributors, and retailers

• Describes hazard assessment process• Recommends analysis to determine whether

lead causes the product to be a “hazardous substance”

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Guidance Policy, Continued

• A product not found to be hazardous may still contribute to lead exposure

• Unnecessary lead exposure from consumer products intended for or accessible to children should be minimized as much as is practical

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Recent Activities

• Candy wrappers• Children’s metal jewelry• Vinyl lunch boxes

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Candy Wrappers

• Wrappers of some candy products produced in Mexico may contain lead or have lead-containing ink on the outside

• July 2004, CPSC staff issued letters to manufacturers and importers requesting that shipments be stopped until they ensure that wrappers do not contain lead or have lead-containing ink

• CPSC staff work continues

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Children’s Metal Jewelry

• Children may mouth or swallow pieces of jewelry made with lead

• 2004-2005, millions of items recalled because of dangerous levels of lead

• February 2005, CPSC staff issued enforcement policy • Guidance for manufacturers, importers, retailers to

minimize the risk for children• Includes laboratory test procedures, and interpretation of

results

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Vinyl Lunch Boxes

• CPSC staff tested about 60 children’s lunch boxes for accessible lead

• No instances of hazardous levels on inside or outside surfaces

• CPSC staff reiterated the recommendation that companies avoid lead in products intended for children, and test products for accessible lead

• CPSC staff’s laboratory test procedure made available

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Possible Hazard Reduction Actions

• Development of voluntary and mandatory standards• Product recall, replacement, refund, redesign• Consumer information:

• Neighborhood Safety Network Program (Boys & Girls Clubs, Indian Health Services, HUD, Meals on Wheels, fire departments)

• Recall Roundup: teamed up with fire departments, senior citizen organizations, marketplace consultants

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Sources of Information

• Federal, State and local governments • CPSC Hotline complaints/inquiries• Written and oral communications• Investigations• NEISS hospitals, Medical Examiners,

death certificates

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Federal Partners

• Interagency Task Force Groups• Cross agency issues:

• FDA: ceramics, glassware, candy wrappers, tea kettles• EPA: playground equipment• HUD: miniblinds

• Customs: refused/detained 180 shipments in 2002 (e.g., children’s products, fireworks, cigarette lighters)

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CPSC Work in the Southwest Border Region

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Contacts• Http://www.cpsc.gov• Frank Nava, Director, Western Field Investigations, Office of

Compliance(916) 914-1678, fnava@cpsc.gov

• Lori Saltzman, MS, Director, Division of Health Sciences(301) 504-7238, lsaltzman@cpsc.gov

• Kris Hatlelid, PhD, MPH, Toxicologist, Health Sciences(301) 504-7254, khatlelid@cpsc.gov

• Joanna Matheson, PhD, Toxicologist, Health Sciences(301) 504-7043, jmatheson@cpsc.gov

• Mary Toro, Associate Director, Recalls and Compliance, Office of Compliance(301) 504-7586, mtoro@cpsc.gov