SAFEGUARDS | Consumer Products NO. 189/16
Health Canada has recently published a proposal to amend the Consumer Products Containing Lead (Contact with Mouth) Regulations. If approved, the new law could become effective in Q4 of 2017.
The Consumer Products Containing Lead (Contact with Mouth) Regulations (CPCLCMR, SOR/2010-273 ), amended by SOR/2016-171  , under the Canada Consumer Product Safety Act CCPSA ), regulates total lead (lead content) to no more than 90 mg/kg in the accessible parts of certain products. Examples of products covered by the law include beverage straws, drinking spouts, mouthpieces of musical instruments, toys for children under 3 and sports mouthpieces.
Accessible parts are only allowed to contain more than 90 mg/kg total lead if:
Lead is essential for characteristics associated with that part
There is no alternative substance and
The part produces ≤ 90 mg/kg migratable lead (EN 71-3)
On December 3, 2016, Canada published a proposed Regulation  to amend the CPCLCMR. This proposal contains 2 important changes:
Repealing and replacing CPCLCMR with ‘Consumer Products Containing Lead Regulations’ (CPCLR)
Expanding the scope of products covered by this new law
Under the proposal, the criteria for allowing accessible parts to contain more than 90 mg/kg total lead remain unchanged.
This proposal is undergoing a 75-day consultation period from December 3, 2016 to February 15, 2017  Health Canada will review all comments received and determine the appropriate next steps in the regulatory process. The new law will become effective 6 months after publication in the Canada Gazette, Part II. This could be in Q4 of 2017.
Highlights of CPCLCMR and its comparison with the proposed CPCLR are summarized in Table 1.
Table 1. Comparison between CPCLCMR and the proposed CPCLR under the CCPSA
|Citation||Consumer Products Containing Lead (Contact with Mouth) Regulations (CPCLCMR)||Consumer Products Containing Lead Regulations (CPCLR)|
|SOR/2010-273 and amendment SOR 2016-171|
|Scope||Products that are brought into contact with the user’s mouth during normal use|
|Products intended for use in play or learning by children under 3 years of age||
≤ 90 mg/kg total lead (accessible)
|≤ 90 mg/kg total lead (accessible)|
|Consultation period||----||75 days (December 3, 2016 to February 15, 2017)|
|Effective date||In force||Potentially Q4 2017 (Six months after publication in the Canada Gazette, Part II).|
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