WOOD, LEATHER AND TEXTILES EXEMPT FROM CPSC LEAD CONTENT LIMITS

The Consumer Product Safety Act of 2008 (CPSIA) which limits the content of lead in certain children’s products and requiring testing and certification has been controversial from its inception.  However, a bit of good news is that the Consumer Product Safety Commission (”CPSC”) has issue a final rule stating that wood, leather and textiles inherently do not exceed the lead content limits as set forth in Section 101(a) of the CPSIA.  Therefore, such materials are no longer required to be tested as previously provided in Section 102(a) of the CPSIA.

The final rule states that the following materials do not exceed the lead content limits provided that these materials have neither been treated or adulterated with the addition of materials that could result in the addition of lead into the product or material:

1. Textiles (excluding after-treatment applications, including screen prints, transfers, decals, or other prints) consisting of:

a. Natural fibers (dyed or undyed) including, but not limited to, cotton, kapok, flax, linen, jute, ramie, hemp, kenaf, bamboo, coir, sisal, silk, wool (sheep), alpaca, llama, goat (mohair, cashmere), rabbit (angora), camel, horse, yak, vicuna, qiviut, guanaco;

b. Manufactured fibers (dyed or undyed) including, but not limited to, rayon, azlon, lyocell, acetate, triacetate, rubber, polyester, olefin, nylon, acrylic, modacrylic, aramid, spandex.

2.     Wood (excluding composite wood products).

3.     Other plant-derived and animal-derived materials including, but not limited to, animal glue, bee’s wax, seeds, nut shells, flowers, bone, sea shell, coral, amber, feathers, fur, leather.

However, certain components such as zippers, buttons, plastic trim, etc., are still subject to the lead content and lead paint limits as well as the testing and certification requirements.

Feel free to email any comments or questions to me at jcohen@homefurnishingslaw.com