The U.S. Consumer Product Safety Commission (CPSC) has published a Final Rule of 16 CFR Part 1252 in Federal Register which exempt the specified engineered wood products (EWPs) from third party testing for compliance with the requirements for lead, ASTM F963 elements or phthalates. This rule shall enter into force on 23 July 2018.

CPSC determined that the EWPs listed in Annex did not exceed the lead content (section 101 (a) of CPSIA), the ASTM F963-17 elements (Sb, As, Ba, Cd, Cr, Pb, Hg, Se) solubility limits and the phthalates content limits (section 108 (a) and (b)(3) of CPSIA) with high degree of assurance, therefore, the accessible components parts of children’s products, children’s toys, and child care articles made with EWPs listed in Annex are not required to be third party tested.

Annex:

1. For EWPs that do not exceed the lead content limits and the ASTM F963-17 elements solubility limits with a high degree of assurance:

1. Particleboard that is untreated and unfinished made from virgin wood or pre-consumer wood waste;
2. Hardwood plywood that is untreated and unfinished made from virgin wood or pre-consumer wood waste; and
3. Medium-density fiberboard that is untreated and unfinished made from virgin wood or pre-consumer wood waste.

2. For EWPs that do not exceed the phthalates content limit with a high degree of assurance:

1. Particleboard that is untreated and unfinished made from virgin wood or pre-consumer wood waste;
2. Hardwood plywood that is untreated and unfinished made from virgin wood or pre-consumer wood waste and does not contain polyvinyl acetate (PVAc) adhesive formulations; and
3. Medium-density fiberboard that is untreated and unfinished made from virgin wood or pre-consumer wood waste.

Note:

1. Lead content limit according to section 101 (a) of CPSIA: ≤100 ppm

2. Phthalate content limit section 108 (a) and (b)(3) of CPSIA: ≤0.1% for the following:

children’s toy or child care article

1. di-(2-ethylhexyl) phthalate (DEHP),
2. dibutyl phthalate (DBP),
3. benzyl butyl phthalate (BBP);
4. diisononyl phthalate (DINP),
5. diisobutyl phthalate (DIBP),
6. di-n-pentyl phthalate (DPENP),
7. di-n-hexyl phthalate (DHEXP), and
8. dicyclohexyl phthalate (DCHP)

3. Solubility limits (mg/kg) of the elements stated in ASTM F963-17:

1. Sb: 60
2. As: 25
3. Ba: 1000
4. Cd: 75
5. Cr: 60
6. Pb: 90
7. Hg: 60
8. Se: 500

4. Pre-consumer wood waste: wood materials that have been recycled from an industrial process before being made available for consumer use.

5. CPSIA: Consumer Product Safety Improvement Act of 2008.

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