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No Third-Party Testing for Engineered Wood Products in Children’s Products

Friday, June 22, 2018
Sandler, Travis & Rosenberg Trade Report

The Consumer Product Safety Commission has issued a final rule determining that certain untreated and unfinished engineered wood products do not contain lead, ASTM F963 elements, or specified phthalates that exceed the statutory limits for children’s products, children’s toys, and child care articles. Under this rule, effective July 23 these EWPs (particleboard, hardwood plywood, and medium-density fiberboard made from virgin wood or pre-consumer waste) will not require third-party testing for compliance with those limits.

Under the Consumer Product Safety Improvement Act of 2008 no accessible part of a children’s product may contain more than 100 parts per million lead content, and paint or other surface coatings on children’s products and furniture intended for consumer use may not contain lead in concentrations greater than 90 ppm. The CPSIA also prohibits children’s toys and child care articles that contain specified phthalates in concentrations above 0.1 percent.

Safety standard ASTM F963, which is considered a consumer product safety standard issued by the CPSC, requires surface coating materials and accessible substrates of children’s toys that can be sucked, mouthed, or ingested to comply with the solubility limits of the following eight elements: antimony, arsenic, barium, cadmium, chromium, lead, mercury, and selenium.

Children’s toys and child care articles typically require third-party testing for compliance with these requirements before the manufacturer can issue a children’s product certificate and enter the items into commerce. However, reports from an outside contractor show that the three EWPs at issue do not contain lead, ASTM F963 substances, or the specified phthalates in concentrations greater than the statutory limits.

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