Canada Consumer Products Containing Lead Regulations

Health Canada proposed on December 3, 2016 the new Consumer Products Containing Lead Regulations under the Canada Consumer Product Safety Act (CCPSA) by expanding the scope of products covered by the current Consumer Products Containing Lead (Contact with Mouth) Regulations to consumer products that are intended for use by children under 14 years of age. According to the proposed new regulations, requirements on consumer product containing lead shall remain unchanged, such that each accessible part of any of the covered consumer products must not contain more than 90 mg/kg of lead. For reference only, scope of product covered by the current Consumer Products Containing Lead (Contact with Mouth) Regulations: a) Products, other than kitchen utensils, that are brought into contact with the user’s mouth in the course of normal use, such as beverage straws, drinking spouts, sports mouthpieces, and mouthpieces of musical instruments; and b) Products intended for use in learning or play (toys) by children under 3 years of age. Scope of product covered by the proposed new Consumer Products Containing Lead Regulations: 1. A product that is brought into contact with the user’s mouth during normal use, except for i. A kitchen utensil, or ii. A product that is subject to the Glazed Ceramics and Glassware Regulations; 2. Any clothing or clothing accessory that is intended for use by a child under 14 years of age; 3. A product that is intended for use in learning or play by a child under 14 years of age; 4. A book or similar printed product that is intended for a child under 14 years of age, except if it is i. Printed on paper or cardboard, and ii. Printed and bound in a conventional manner using conventional materials; 5. A product whose primary purpose is to facilitate the relaxation, sleep, hygiene, carrying or transportation of a child under four years of age. If there is no further amendment after a 75-day consultation period which would end on February 15, 2017, the proposed new Regulations will become effective six months after publication in the Canada Gazette, Part II and the Consumer Products Containing Lead (Contact with Mouth) Regulations shall be repealed at the same time. The actual effective date may be in the second half of 2017.

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