USA – CPSC Publishes Determination Regarding Heavy Elements Limits (16 CFR 1251)

The U.S. Consumer Product Safety Commission (CPSC) has published a direct final rule to determine that unfinished and untreated trunk wood does not contain heavy elements that would exceed the limits specified in ASTM F963-11. Based on this determination (16 CFR 1251), unfinished and untreated wood in toys does not require third party testing for the heavy element limits in ASTM F963. This rule shall become effective on 15 September 2015 unless the CPSC receives a significant adverse comment by 17 August 2015.  Here are highlights of the determination:

1. The following material used in toys subject to section 4.3.5 of ASTM F963 shall not be required to comply with the third party testing requirements of section 14(a)(2) of the Consumer Product Safety Act (CPSA).
2. Unfinished and untreated wood does not exceed the limits for the heavy elements established in section 4.3.5 of ASTM F963-11 with a high degree of assurance, provided that the material has been neither treated nor adulterated with materials that could result in the addition of any of the heavy elements listed in ASTM F963 at levels above their respective solubility limits.

Note:

• Unfinished and untreated wood means wood harvested from the trunks of trees with no added surface coatings (such as, varnish, paint, shellac, or polyurethane) and no materials added to the wood substrate (such as, stains, dyes, preservatives, antifungals, or insecticides).  It does not include manufactured or engineered woods (such as pressed wood, plywood, particle board, or fiberboard).
• ASTM F963-11 Standard Consumer Safety Specification for Toy Safety