SAFEGUARDS | Consumer Products NO. 189/16



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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 [1]), amended by SOR/2016-171 [2] , under the Canada Consumer Product Safety Act CCPSA [3]), 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 [4] 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 [5] 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
  • Products intended for use in play or learning by children under 14 years of age
  • Books or similar printed products intended for children under 14 years of age, unless these are printed on paper or cardboard, and printed and bound in a conventional manner using conventional materials
  • Clothing or clothing accessories intended for children under 14 years of age
  • Childcare articles whose primary function is to facilitate sleep, relaxation, hygiene, carrying or transportation of children under 4 years of age
  • Kitchen utensils
  • Products subject to Glazed Ceramics and Glassware Regulations (SOR/2016-175) [6]

≤ 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).

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy, for Canada and international markets. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Hingwo Tsang
Global Hardlines Information and Innovation Manager
Tel: (+852) 2774 7420

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