Proposed Final Rule for Lead Testing - Relief for Some of Us? 8.6.09

[#1]

Hi all. I just got this emailed from the CPSC. I hope I'm reading this right. It appears to me that this ballot sheet for the proposed rule is good news, at least for some of us.

Specifically of interest is "[b]y this rule, the products and materials determined by Commission to fall under the lead content limits, are no longer subject to section 101(a) ofthe CPSIA and no testing of these products and materials is required under section 102(a) of the CPSIA."

...

"These materials included:
•Precious gemstones (diamond, ruby, sapphire, emerald);
•Certain semiprecious gemstones provided that the mineral or material is not based on lead or lead compounds and is not associated in nature with any mineral that is based on lead or lead compounds (minerals that contain lead or are associated in nature with minerals that contain lead include, but
are not limited to, the following: aragonite, bayldonite, boleite, cerussite,
crocoite, linarite, mimetite, phosgenite, vanadinite, and wulfenite);.
•Natural or cultured pearls;
•Wood;
•Natural fibers (such as cotton, silk, wool, hemp, flax, linen); and
• Other natural materials including coral, amber, feathers, fur, untreated leather."

(Further on, they do state that they redacted it from the original, which stated "undyed" natural fibers.)

http://www.cpsc.gov/library/foia/foia09/brief/leadfinalrule.pdf

Vote due by 8.13.09

This is good news, right?

[Former_Member]

Thanks, jewelrydesigns! I don't use these items at all, so I've not followed this portion particularly close. However, I did read the opinions when they were issued (to gauge where Ms. Tenenbaum would head). I knew the exclusion was denied, but didn't think to link to the vote -- thanks for correcting my oversight!

[Former_Member]

so as I see it I don't have to test my organic hemp and bamboo, or my cotton knits, but I would have to test my flannels? guess I better get it all used up! :)
the elastic is good too. I get my resin snaps from thesnapstore.com and they test them and they are certified! :)

[Former_Member]

Flannels are generally cotton (except for the flame resistant, I believe), so you wouldn't have to test.

[allisajacobs]

marking, thanks for sharing!

[Former_Member]

thanks littlethings! That is good to know! :)
Vilate

[fairiewings]

marking

Just read the update ballot document
component info is on page 21-22 and 46-48

[Former_Member]

Because products may consist of a number ofdifferent materials, some not likely to contain lead, along with some materials that might contain lead at levels that exceed the lead limits, the staff suggests that for purposes of testing and evaluation of a product, distinct parts of products should be considered separately. For example, a garment such as a coat might consist of various threads, fabrics, a liner, buttons, zipper, and rivets. The fabric portions made of one or more of the materials included in a Commission determination, for example, cotton and polyester, would not be expected to contain lead at levels that exceed the CPSIA lead limits. On the other hand, the lead content of the plastic, metal, or painted parts of the coat remains uncertain because or the demonstrated presence oflead in some products. Only the latter materials would require testing to verify that the lead concentration does not exceed the lead limits.
Likewise, a blanket or stuffed doll could be constructed with fabrics, thread, and stuffing or fill.


I found this on page 46

Do I understand this right I would only have to test zippers or buttons I would put on my costumes?

At this point I know my zippers pass because YKK tests their zippers and I had them tested with an XRF gun and they com in under 300ppm.

http://www.cpsc.gov/library/foia/foia09/brief/leadfinalrule.pdf

[Former_Member]

Sigh...I'm not sure what to think now. I'm just trying to stay positive.

[Former_Member]

Cat staying positive, praying which I have been doing alot. Is the only thing we can do right now.

[FayeMaloneDesigns]

That's how I read it.

Don't you just wish that our friendly law writers would work out all of this before they write a bill that totally screws with the lives and businesses of so many people. Somehow they leave it to others to "work out all the details" after the fact.

[Former_Member]

thecostumebootique says:

Likewise, a blanket or stuffed doll could be constructed with fabrics, thread, and stuffing or fill.
.......
Does this mean we can use stuffing or fill, or do we need to test it. I'm confused :(

[Former_Member]

"Fabrics, dyes and similar materials. Numerous commenters claimed that many fabrics, yams, batting, fill, and similar materials (such as ribbon), and related materials (such as elastic), including those that are dyed or similarly processed, do not contain lead."

This is from page 18. So I guess we don't need to test is using batting or fill/stuffing. How confusing cant they just make a simple list of everything that needs testing.

[Former_Member]

Was just thinking I guess I can still use Felt. Feeling better about opening up my store.

[Former_Member]

mark

[Former_Member]

The one thing I'ld like to remind everyone that this is still just a proposal as of yet. The committee has yet to ratify it and they may even have to send it over to Congress & The House as an amendment to the original law before we get to exercise any of these exemptions.
So my proposal is for everyone to get back to the letter writing, e-mailing, and phone calling of both the CPSC and our federal represenatives to express how we feel about these exempt materials becoming a scientifically logical and permanant part of the CPSIA law.

[Former_Member]

If I remember my Civics and government classes correctly (and I very well have this mistaken), I don't believe that regulations written by Departments (or in this case the Commission) need to be resent to Congress. (If anyone knows me to be mistaken, please correct me.)

That said, it's very important that we keep on Congress to change (or repeal) the CPSIA, as this proposed ruling (if approved) will only help some of us. The Act has so many flaws that we all know, that need to be properly addressed and fixed.

[Former_Member]

marking thanks! very good to hear for me! my ribbons and crochet items(all cotton), and felt are good to go!
my alligator clips are certified lead free. I buy them on etsy.
;)

[Former_Member]

Keeping an eye on this.

[AnjeeMaiCreations]

they are saying that by making it so you don't have to test the things on that list that a significant number of crafters will not have to test because they are using those things. either way - lots of people will still have to test - it's still lame-O

http://www.fashion-incubator.com/archive/cpsia-in-three-acts-shame-honesty-and-crime/

http://news.medill.northwestern.edu/chicago/news.aspx?id=112553

and there's tons more stuff online of course