CPSC Testing Burden Reduction Workshop April 3, 2014 | Rockville, Maryland 

## Lead and Heavy Elements: Proposals for R elief from Unnecessary Certification Testing Presented by: Alan P. Kaufman Senior Vice - President, Technical Affairs2 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Toy Industry Association (TIA)

 Trade association for North American
- based manufacturers, importers, licensors and toy retailers (regular members)
 Associate members include inventors, designers, testing labs
 Formed in 1916
 Long History of Dedication to Child Safety
 Over 750 members
 Members represent approx 85% of the U.S. market3 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Toy Industry Association Toy Companies, Licensors, Inventors and Designers, Manufacturers Reps, Retailers4 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## A Snapshot of the U.S. Toy Industry
Average price of a toy is less than US$9.00

US$22+ Billion in direct toy sales ( 2013) An estimated 3 Billion+ units sold each year
Estimated 512,775 FTE toy industry jobs in the United States Total annual economic impact of US$69 Billion5 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Overview



#  Industry is not seeking any relief regarding compliance, but only relief from testing which does not advance safety6 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Overview

 TIA will today present proposals and rationales • Proposal to revise definition of “accessible” • Proposal to adopt ASTM F963 de minimis mass for lead determinations • Proposal to test/exclude materials based on composition • Rationale

– Evidence from process knowledge/process controls

– Evidence from absence by test7 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Proposal 1: Revise definition of “accessible” materials
 Current definition of accessibility based on 16CFR 1500.48/49
 This test method developed for sharp point/edges based on ability to touch them
 Inappropriate for lead or heavy elements, where hazard is oral exposure
 Suggest language similar to ASTM F963 Heavy elements section:

 Toys and parts of toys which, due to their inaccessibility, size, mass, function, or other characteristics, cannot be sucked, mouthed or ingested are not subject to this requirement.8 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Proposal 2: Adopt ASTM F963 de minimis mass for surface coatings and substrates
 ASTM F963 does not require heavy element testing of material mass per toy of 10mg or less
 CPSC staff has determined that lead exposure of <2.2ug/day will not result in a measurable increase in blood lead level, using the assumption of 50% absorption of ingested lead
 Data from ASTM soluble testing indicates absorption may be far less than 50%
 Data collection still in progress; final proposal to be made at a future date9 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Proposal 3: Exclude Some Materials from Lead and Heavy Elements Testing based on Composition
 Most natural (i.e. neat, with no colorants or other additives) plastic resins do not contain lead or heavy elements (see potential exceptions on next slide)
 Composite wood unlikely to contain significant lead or heavy elements
 Data collection still in progress; final proposal to be made at a future date10 CPSC Testing Burden Reduction Workshop | April 3, 2014 

### Materials for Which Data Gaps Exist Regarding Exclusion from Lead/Heavy Element Testing
 Polyvinyl Chloride (PVC) – may contain heat stabilizers based on lead, cadmium, barium
 Polyvinylidene Chloride (PVdC) - may contain heat stabilizers based on lead, cadmium, barium
 Chlorinated PVC (CPVC) - may contain heat stabilizers based on lead, cadmium, barium
 Thermoplastic polyesters (PETE, et al ) may contain antimony (Sb 2 

### O 3 

### used as catalyst); not typically soluble11 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Why Some Materials Don’t Require Certification

Testing: Feedstock and Process Considerations

– Most plastic materials listed as not requiring routine testing utilize petroleum and/or natural gas as feedstocks ; these will not typically contain heavy metals

– Polylactic acid produced from corn starch; heavy elements unlikely

– Resin producers tightly control extraneous materials to assure quality and safe reactor operation

– Composite wood contains only trace levels due to wood itself; this is already exempted from lead testing by 16CFR 1500.9112 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Materials which do not require lead/heavy elements testing

– Acetal/polyoxymethylene (POM) homopolymer

– 1,3,5 - trioxane, copolymer with 1,3 - dioxolane (acetal/polyoxymethylene (POM) copolymer)

– Acrylic (polymethylmethacrylate and polyacrylonitrile)

– Acrylonitrile butadiene styrene terpolymers (ABS)

– Nylon/polyamide

– Olefin thermoplastic elastomers (such as EPDM)

– Polycarbonate

– Polyethylene (LLDPE, LDPE, MDPE, HDPE and UHMWPE)

– Polylactic acid

– Polyphenylene sulfide

– Polypropylene13 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Materials which do not require lead/heavy elements testing (continued)

– Polystyrene (crystal and general - purpose (GPS), medium - impact (MIPS), high - impact (HIPS), and super - high - impact (SHIPS) grades

– Propylene - ethylene copolymers

– Styrene - butadiene copolymers

– Styrene - butadiene - styrene rubbers (SBS/SBR)

– Styrene - acrylonitrile copolymers (SAN)

– Composite wood (plywood, particleboard, etc.)14 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Rationale

– Testing for lead and heavy elements (in some cases, for years) has found them to be absent in many plastic and manufactured/composite wood materials

– These data, in combination with knowledge of material and process, provide ample rationale for exemption from certification testing for these trace elements15 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## In Summary

 Accessibility determinations should reflect hazard
 Certain materials, as described here, may required continued testing
 Other materials should be exempt from certification testing, as data from process knowledge and process controls, in addition to evidence of the demonstrated absence of restricted elements in testing, indicate that this is not necessary to assure compliance.
 Industry is not seeking any relief regarding compliance ...but rather relief only from testing of certain materials – testing which does not advance safety and is unwarranted given the nature of these materials and their use.16 CPSC Testing Burden Reduction Workshop | April 3, 2014 

## Thank You!

 Questions? Al Kaufman (646) 520
- 4868 akaufman@toyassociation.org