US Grants Specific Exception to Lead Content Limit for Ride-On Toys

The US CPSC granted a petitioned exception to the lead content limit of 100 ppm for specific aluminum die-cast components in ride-on pedal tractors for children on April 5, 2012. This exception also applies to similar aluminum alloy components in other ride-on toys for children aged 3 years and above.

The US Consumer Product Safety Commission (CPSC) has announced an exception to the 100 ppm lead content limit for certain components made of aluminum alloy in children's die-cast, ride-on pedal tractors, cars and similar ride-on products for children of 3 years and older. The exception resulted in response to a petition and a notice was published in Federal Register (Docket No. CPSC–2011–0087) on April 5, 2012. The CPSC agreed that an exception was justified for such aluminum alloy components and kept the lead content requirement at 300 ppm.

In general, section 101(a) of the CPSIA bans concentrations of lead exceeding 100 ppm under the Federal Hazardous Substances Act (FHSA) from products intended for children up to and including 12 years of age. However, the Consumer Product Safety Improvement Act (CPSIA) of 2008 as amended by Public Law 112–28 allows for an exception to the lead content limits for justifiable reasons. On its own initiative or in response to a petition from an interested party, the CPSC is permitted under the CPSIA to relax the lead content limits for a specific product, class of product, material, or component used in children’s products. In this case there was a petition submitted in accordance with section 101(b) of the CPSIA for an exception on the grounds that a substitute would call for retooling and much more expensive and difficult to obtain materials for manufacturers, that the nature of the parts are unlikely to be pose a threat and the fact similar aluminum alloy components in bicycles are already permitted 300 ppm.

The CPSC concluded that "The exposure to lead in these and similar components is expected to be so low that it would have no measurable adverse effect on public health or safety" in consideration of the manufacturing processes and that such parts are not likely be placed in the mouth, ingested or for children to have extensive contact with them due to their function and location. Further information can be retrieved from the Federal Register / Vol. 77, No. 66 / Thursday April 5, 2012 / Notices.

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