What is the CPSIA?

Many members of Congress, including the ones who wrote the bill, have stated that the Consumer Product Safety Commission (CPSC), the regulatory body responsible for enforcing CPSIA, has the authority to make exemptions from CPSIA’s requirements for all kinds of products that result in lead exposure that isn’t dangerous.  CPSC has been asked by members of Congress to make exemptions for “ordinary books” (a term not well defined), ATVs, and other commonly used items.

Based on analysis by their General Counsel, CPSC does not believe it has that authority.  The text of CPSIA allows them to make exemptions to the 100ppm lead level that is set to take effect in August 2011, if it is not “technologically feasible” for lead levels to be below 300ppm.  It does allow them to make exemptions for lead content over 600ppm, but ONLY “on the basis of the best-available, objective, peer-reviewed, scientific evidence” that the lead in the material will not “result in the absorption of any lead into the human body” during reasonably foreseeable use of the product. It appears that Congress assumes that scientific evidence of this nature is easily obtained for the items they wish exempted.

However, the standard laid out in CPSIA for exemptions is an impossible standard to meet.  First, peer-reviewed studies are very hard to come by.  They are expensive and take time to conduct, much longer than the six month timeframe given.  Small businesses and even many large businesses cannot afford to hire labs full of scientists to prove their products are safe.

Second, the human body absorbs tiny bits of just about every substance it comes into contact with.  While normal contact may not result in enough absorption to make a difference, it is impossible to say definitively that normal exposure cannot result in any absorption.  Several exemption requests have included the use of a computer model to estimate the effect of lead absorption, but the CPSC has rejected computer-model based lead absorption estimates.  If a computer model of lead absorption cannot be used, then the only way to find the effect of normal use on blood lead levels would be to actually make a product, have it in use by children, and check their blood lead levels before and after use.  But to do that would require making the as-yet-untested product and distributing it to children, an illegal act under CPSIA.  This Catch-22 makes it impossible for any product to get an exemption.

Many companies whose products are estimated to result in less lead absorption than drinking a glass of tap water have applied for exemptions and been denied for the same reasons.  These products include ballpoint pens (the brass ball in the tip has over 600 ppm lead and can’t be lowered), bicycle tire valves (the brass in the valve can’t have its lead content lowered either), and ATVs (certain metal parts must, for safety purposes, contain violative amounts of lead).  None of these products has ever been associated with cases of lead poisoning, but nevertheless they are in violation of CPSIA and their exemptions have all been denied by the CPSC.

In summary, yes CPSC can grant exemptions, but only if companies complete the Labors of Hercules.  Most companies, not being sons of Zeus, can’t meet the standard.

Tweet This Post Facebook Stumble This Post