CPSC delays the effective date of lead exemption for dyed textile products

The Consumer Product Safety Commission (“CPSC”) published a direct final rule (“DFR”) and notice of proposed rulemaking (“NPR”) in the same issue of the Federal Register on 14 October 2015, clarifying when component part testing can be used and clarifying which textile products have been determined not to exceed the allowable lead content limits. However, CPSC published 80 FR 72342 at the Federal Register on 19 November 2015 to extend the comment period for the DFR from 13 November 2015 to 14 December 2015. Correspondingly, CPSC is also delaying the effective date for the DFR to 13 January 2016.

The main points of the DFR are as the following:

Authority	Citation	Description	Effective Date	Effective Date (amended)
CPSC	16 CFR 1500.91(d)(7)	Which textile products contain lead lower than 100 ppm	14 December 2015	13 January 2016
	16 CFR 1109	When to use component testing

 
CPSC considers dyestuff and dyed textile products shall not contain lead exceeding the limit set forth in Consumer Product Safety Improvement Act (CPSIA) and so those products require no third-party testing. However, lead testing is essential for textile products that can be peeled through screen printing, appliqué, transfer and other print treatment.

If CPSC receives significant adverse comment, it will publish notification in the Federal Register withdrawing this direct final rule before its effective date.