Canada Publishes Completely New Law for Consumer Products Containing Lead
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
The Consumer Products Containing Lead (Contact with Mouth) Regulations (CPCLCMR, SOR/2010-273 ), amended by SOR/2016-171, are regulated under the Canada Consumer Product Safety Act (CCPSA ) 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  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  (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)
|Consumer Products Containing Lead (Contact with Mouth) Regulations (CPCLCMR)
|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
|≤ 90 mg/kg lead content
|--||Children’s jewelry under ‘Children’s Jewellery Regulations’|
|Effective Date||November 2, 2018||Repealed|
Stakeholders are advised to comply with the latest requirements under the Consumer Products Containing Lead Regulations (SOR/2018-83) for the Canadian market.
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