What is the CPSIA?

CPSC released a document in August 2009 which expanded the list of materials that are exempt from third party lead testing.  That means that you do not have to send these items to a laboratory in order to prove that they are lead-free. A few things to note about these materials:

• The exemption is voided if the material is processed in a way that introduces lead into the material.
• Materials that have a surface coating such as paint must have the surface coating tested.  For example, wood is exempt from testing, but painted wood must have the paint tested.
• Materials that are adulterated by other substances must be tested.
• If for some reason you use one of the exempt materials and by some freak of nature it happens to have too much lead in it, you’re still liable.
• Some materials that are exempt from lead testing are not exempt from phthalate testing.  Some materials exempt from phthalate testing are not exempt from lead testing.
• While we can reasonably expect that state Attorneys General will abide by the science-based findings of the CPSC in this matter, the possibility remains (however remote) that one might decide to prosecute a manufacturer for not testing one of these materials.

The following materials are considered exempt from third party lead testing by the CPSC:

• Precious metals, including gold, silver, and titanium.
• Precious and semiprecious gemstones that are not associated with lead in nature, e.g. rubies, emeralds, tourmaline, jade, quartz.
• Natural and cultured pearls.
• Wood.
• Amber.
• Minerals and fossils, except for those minerals (like galena) that are associated with lead in nature.
• Plant-based materials such as bark, essential oils, jojoba, and tung oil.
• Animal-based materials such as horn, coral, seashells, bone, shellac, and animal glue.
• Food-grade items such as beeswax, mineral oil, food coloring, herbs, milk, and honey.
• All textiles: dyed and undyed, natural and synthetic.
• Paper, cardboard, and similar wood-pulp products.
• CMYK process printing ink.
• Books, if they are made entirely of exempt materials.  All books printed after 1985 are considered to be made of exempt materials.

The following materials are exempted from third-party testing if they meet certain conditions:

• Adhesives, if they cannot be touched by a child (don’t be sloppy with your glue!).
• Stainless steel, except for 303Pb stainless steel.
• Leather, if it does not have a surface pigment (these pigments are considered in the same category as paints)
• Paper, cardboard, and other paper products, if they do not have a coating on them (such as laminating).
• Any component that is inaccessible, meaning it cannot be touched by a child’s finger.

The following materials are specifically mentioned in the document as not exempted from third-party lead testing:

• Composite wood products, like particle board
• Paints, varnishes, and lacquers
• Ceramic glazes and clay
• Glass, crystals, and rhinestones
• Art supplies
• Inks that do not become part of the paper
• Lamination
• Screen printing inks
• Metal and plastic components, such as nails, screws, zippers, buttons, snaps, hair bands, barrettes, and doll accessories
• Metal or plastic bindings used to hold books together, including staples

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