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Canada publishes a new piece of legislation to repeal the Consumer Products Containing Lead (Contact with Mouth) Regulations. The new law will become effective on November 2, 2018.

SAFEGUARDS | Consumer Products NO. 067/18

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The Consumer Products Containing Lead (Contact with Mouth) Regulations (CPCLCMR, SOR/2010-273 [1]), amended by SOR/2016-171, are regulated under the Canada Consumer Product Safety Act (CCPSA [2]) and restrict the use of lead in the accessible parts of Group 1 Products, a category of products under the Lead Risk Reduction Strategy for Consumer Products (LRRS). These include:

  • Products, other than kitchen utensils, that are brought into contact with the user’s mouth during normal use, such as beverage straws, drinking spouts, sports mouthpieces, mouthpieces of musical instruments, and
  • Products intended for use in learning or play by children under three years of age

According to the CPCLCMR, a regulated accessible part of a product may contain more than 90 mg/kg lead content provided the following conditions are met:

  • The use of lead is necessary for an essential characteristic
  • There are no alternatives available, and
  • ≤ 90 mg/kg migratable lead using EN 71-3

In December 2016, we informed you [3] that Canada had published a proposal to replace the CPCLCMR. That proposal contained a number of important changes, including the coverage of a wider scope of products

On May 2, 2018, Canada published the Consumer Products Containing Lead Regulations: SOR/2018-83 [4] (CPCLR) to repeal the CPCLCMR. The safety requirements in the new regulations are essentially similar to those in the aforementioned proposal. The scope of products covered has been expanded, but the criteria for allowing accessible parts to contain more than 90 mg/kg lead content remains unchanged.

The new Regulations will become effective six months after its publication in Part II of the Canada Gazette.

Highlights of CPCLR (SOR/2018-83) and a comparison with CPCLCMR (SOR/2010-273) are summarized in Table 1.

Canada Consumer Product Safety Act (CCPSA)
Legislation Consumer Products Containing Lead Regulations (CPCLR)
(SOR/2018-83)
Consumer Products Containing Lead (Contact with Mouth) Regulations (CPCLCMR)
(SOR/2010-273)                                             
Scope Products that are brought into contact with the user’s mouth during normal use Products that are brought into contact with the user’s mouth during normal use
Products for use in learning or play by children under 14 years of age Products for use in play or learning by children under 3 years of age
Clothing or clothing accessories for children under 14 years of age -----
Books or similar printed products for children under 14 years of age. These do not apply if they are printed on paper or cardboard, and printed and bound in a conventional manner using conventional materials -----
Childcare articles that are designed and intended to facilitate the relaxation, sleep, hygiene, carrying or transportation of a child under 4 years of age -----
Requirement ≤ 90 mg/kg lead content
(accessible parts)
≤ 90 mg/kg lead content
(accessible parts)
Exemption
  • Kitchen utensils
  • Products regulated under the Glazed Ceramics and Glassware Regulations (SOR/2016-175 [5] )
-- Children’s jewelry under ‘Children’s Jewellery Regulations’
Effective Date November 2, 2018 Repealed

Table 1

Next step:

Stakeholders are advised to comply with the latest requirements under the Consumer Products Containing Lead Regulations (SOR/2018-83) for the Canadian market.

SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: +852 2774 7420

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