Member News

CPSC Clarified requirements for testing of dyed textile and components testing

In a Federal Register notice dated October 14, 2015, the Consumer Product Safety Commission (“CPSC”) published a final rule amending the regulations to clarify lead content testing requirements for dyed textiles in children’s products as well as the use of component part testing.
 The CPSC found that some companies were misinterpreting these requirements resulting in unnecessary third-party testing burdens and costs.

The final rule contains the following amendments:

  • Children’s textile products subject to testing:  The rule clarifies that dyed textiles are not subject to the 3rd party testing requirements for lead in children’s products regardless of the techniques used to produce or apply the dyes.  For example, a printing process utilizing dyes will not require testing.  In contrast, the same printing process using non-dye finishes, decorations, colorants, or prints, will require 3rd party testing and certification.  The CPSC noted that while some dyes may initially contain lead, the finished textile would not contain lead above a non-detectable level after rinsing.
  • Component part testing rule: The rule clarifies that the use of component part testing is not limited to paint, lead content of children’s products and phthalates in children’s toys and child care articles.   For example, component part testing may also be utilized for other restricted chemicals listed in ASTM F963 (the mandatory toy standard).

Comments must be submitted by November 13, 2015. If no significant adverse comments are received, the rule is effective on December 14, 2015.

Please contact David J. Evan should you have any questions regarding this notice or seek assistance in the preparation of comments.

Courtesy of Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP – Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt is a member of the EACCNY