Items exempt and not banned under CPSIA

[Former_Member]

These are the items that are excluded from the testing of the CPSIA and are not banned.
In CAPS are the ones that , I believe etsy/craft sellers should especially notice.

In Part 1303.2

appliances, such as ranges, refrigerators, dishwashers, clothes washers and dryers, air conditioners, humidifiers, and dehumidifiers; fixtures such as bathroom fixtures, built-in cabinets, chandeliers, windows, and doors; or household items such as window shades, venetian blinds, or WALL HANGINGS OR DRAPERIES
In Part 1303.3 Exemptions.

(a) The categories of products listed in paragraph (b) of this section are exempted from the scope of the ban established by this part 1303, provided:
(1) That these products bear on the main panel of their label, in addition to any labeling that may be otherwise required, the signal word “Warning” (unless some other signal word is required) and the following statement: “Contains Lead. Dried Film of This Paint May Be Harmful If Eaten or Chewed.”
(2)(i) That these products also bear on their label the following additional statement or its practical equivalent:
Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling or facility which may be occupied or used by children.
Do not apply on exterior surfaces of dwelling units, such as window sills, porches, stairs, or railings, to which children may be commonly exposed.
Keep out of reach of children.
(ii) If the statement required by the preceding paragraph (a)(2)(i) is placed on a label panel other than the main panel, the label statement required to be on the main panel by paragraph (a)(1) of this section shall contain the following additional statement: “See other cautions on _ (insert ‘side’ or ‘back’, as appropriate) panel.”
(3) That the placement, conspicuousness, and contrast of the label statements required by this section (a) comply with the requirements of the Federal Hazardous Substances Act at 16 CFR 1500.121.
(b) The following products are exempt from the scope of the ban established by this part 1303, provided they comply with the requirements of paragraph (a) of this section:
(1) Agricultural and industrial equipment refinish coatings.
(2) Industrial (and commercial) building and equipment maintenance coatings, including traffic and safety marking coatings.
(3) GRAPHIC ART COATINGS(i.e., products marketed solely for application on billboards, road signs, and similar uses and for identification marking in industrial buildings).
(4) Touchup coatings for agricultural equipment, lawn and garden equipment, and appliances.
(5) Catalyzed coatings marketed solely for use on radio-controlled model powered aircraft.
(c) The following products are exempt from the scope of the ban established by part 1303 (no cautionary labeling is required):
(1) MIRRORS which are part of furniture articles to the extent that they bear lead-containing backing paint.
(2) ARTIST'S PAINTS AND RELATED MATERIALS.
(3) Metal furniture articles (but not metal children's furniture) bearing factory-applied (lead) coatings.

Under the Code of Federal Regulations Title 16, part 1303. (see link below).The final version of the law is here. Including the Amendment to it.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=16:2.0.1.2.46&idno=16#1...

[Former_Member]

Just remember that section 101 part 16 C.F.R. 1303 and all it's subdivisions deal specificaly with paint and only paint. As the title states "PART 1303—BAN OF LEAD-CONTAINING PAINT AND CERTAIN CONSUMER PRODUCTS BEARING LEAD-CONTAINING PAINT".

This is is different from the total lead in the finished product testing. If you have paint on your items there is the possiblity that it will be required to go through 3 different types of tests: lead paint testing, total lead content testing, and phthalates testing.

Remember if your item or the paints used were not tested, for the item to be exempted you must apply to the CPSIA for a specific product exclusion and include warnings as stated in the same document that herrondipity cites.

"(a) The categories of products listed in paragraph (b) of this section are exempted from the scope of the ban established by this part 1303, provided:

(1) That these products bear on the main panel of their label, in addition to any labeling that may be otherwise required, the signal word “Warning” (unless some other signal word is required) and the following statement: “Contains Lead. Dried Film of This Paint May Be Harmful If Eaten or Chewed.”

(2)(i) That these products also bear on their label the following additional statement or its practical equivalent:

Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling or facility which may be occupied or used by children.

Do not apply on exterior surfaces of dwelling units, such as window sills, porches, stairs, or railings, to which children may be commonly exposed.

Keep out of reach of children.

(ii) If the statement required by the preceding paragraph (a)(2)(i) is placed on a label panel other than the main panel, the label statement required to be on the main panel by paragraph (a)(1) of this section shall contain the following additional statement: “See other cautions on _ (insert ‘side’ or ‘back’, as appropriate) panel.”

(3) That the placement, conspicuousness, and contrast of the label statements required by this section (a) comply with the requirements of the Federal Hazardous Substances Act at 16 CFR 1500.121."

Exerpt from http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=16:2.0.1.2.46&idno=16#1...

With the required warning labels do you really think people are going to buy a product that possible contains lead?

The limit for paint come Aug 14th will be 90ppm, while any other single component that goes into making your item can test upto 300 ppm on the same date. Here's the link to the original ruling from 2001, where 600 ppm of lead is reaffirmed as the limit in paint and regarding items that DO NEED testing and what items are EXEMPT see how similar they are to the FAQ you are refering to http://www.cpsc.gov/BUSINFO/regsumleadpaint.pdf . The biggest difference between 2001 and the new law is that it lowers the allowable lead for each and every color of paint on the item down to 90 ppm. So if any one painted spot on a wooden toy, or hand painted childrens' clothing, or any piece of furniture comes in at having lead over 90 ppm even if the rest of the items has less than that in total lead the item will fail testing.

So remember:
1) All children's items or items publically precieved as being for children's must be tested for total lead content of 600 pmm by Feb 10, 2009 ; 300 ppm by Aug 14, 2009 ; & 100 ppm by Aug 14, 2012
2) All items that that have specific play value or facilitate child care or feeding that can fit into a child's mouth must be tested for 6 different phthalates and fall below the CPSIA limit.(Sorry I'm not as knowledgable on the phthalates limits and testing dates as the lead ones.)
3) If your items have paint that is accesible to a child they will need to have additional testing of the paint itself, unless the items are specifical excluded. The limits for this are different that the total lead 600ppm is allow after Fed 10 2009 & is not required at this time, but by Aug 14, 2009 you must be able to test the dried paint on the item at 90 ppm. Here is the document I believe the FAQs is trying to clarify http://www.cpsc.gov/BUSINFO/frnotices/fr09/leadpaint.pdf .

[Former_Member]

The title has in it "paint and CERTAIN COMSUMER PRODUCTS". The products that have "lead-containing paint" are the ones banned[exceptions are in 1303.3 and 1303.2(b)]. This law contains a definition of "lead-containing paint". But the products that are "exempt" are not banned. Those products are listed in 1303.3 and in 1303.2(4).

[Former_Member]

Excuse my typo, Exceptions are in 1303.3 and in 1303.2(b)(4).

[Former_Member]

http://www.cpsc.gov/cpscpub/pubs/5016.pdf

In reference to paints having labels. 'Manufacturers have the responsibility under the FHSA to assure that these products comply with any FHSA labeling'...
The 'artists'paint and related materials' are not banned, but may require labeling for 'usage, any hazardous substances, give adequate directions and warnings for safe use.

[LaurieRyan]

People can go blind reading this you know. Just kidding, it used to be so simple sigh