Info about lead safety rules for kid toys

[sediener]

Copied from here: http://tomsworkbench.com/2009/12/16/get-the-lead-out/

Filed under: Finishing — Tom December 16, 2009 @ 7:54 am

Helping others, especially needy children is a wonderful thing to do. The Northwest Indiana Woodworkers Association has been doing this for 19 years. However, due to a new law concerning protecting children from finishes containing lead, we will not be able to continue giving toys after February, 2010 unless we have them tested. This applies to everyone according to the Consumer Products Safety Commission.
You will be breaking the law if you distribute items to children age 12 and under unless they have been tested for lead.
It does not make sense because the the problem of finish containing lead comes from imported products, not items made by you and I.
We have told our congressman and senators about this situation, but they do not seem to be concerned.
— Robert Roach

When I get e-mails like this one, my first reaction is to think that it is some kind of Internet chain letter hoax. I mean, it sounds too crazy to be true. With all of the problems in the country today, to think that the government would concern itself with the products coming out of my – or anyone else’s – workshop just seems too unreal.
But, Robert and the rest of the woodworkers in the Northwest Indiana Woodworker’s Association are indeed telling the truth. As of February 10, 2010, it will now be considered against the law to give a finished wood project intended for a child under the age of 12 – or a piece of furniture to be used for a child under the age of three – without having it tested in an independent laboratory for lead content.
For real. You can read about it here.

Crazy, ain’t it?
Now, it’s not the wood that’s the problem. In fact, wood is specifically listed as a non-lead containing material. Make a thousand unfinished wooden projects and give them away freely. It’s the finish that is what’s at issue.
To understand what’s going on with this, let’s go back a few decades. For centuries, lead was an important part of the paint and finish industry. Lead was an excellent pigment for white and bright yellows, and also sped drying, increased durability, retained a fresh appearance and resisted moisture that causes corrosion. It was everywhere…
Until lead paint was linked to severe health issues. It is especially damaging to children under age six whose bodies are still developing. Lead causes nervous system damage, hearing loss, stunted growth, ADD, ADHD and delayed development. It can cause kidney damage and affects every organ system of the body. It also is dangerous to adults, and can cause reproductive problems for both men and women.

So, in 1978, lead was banned in paints for residential applications. However, there are some finishes where lead can still be found. And, when products are imported from overseas manufacturers, it seems as if there are new reported cases of elevated lead levels in toys nearly every year.
This regulation is now in place to help prevent possible future lead poisoning cases.
But, doesn’t it seem to cast a net too widely?
To help get to the bottom of this issue, I made a call to the Consumer Products Safety Commission. I identified myself as a woodworking blogger and asked to speak to someone knowledgeable about the topic. I was connected to a nice gentleman named Joe Tsai, who was able to answer my questions.

First, I asked Joe the question that’s on the minds of just about all woodworkers. If you are building a cradle for a grandchild or a rocking horse for a niece or nephew, do you need to have in tested? “No… you really aren’t distributing the items if you are building one at a time for an individual child. We’re counting on woodworkers to use their common sense and seek out lead-free products for finishing on their own.”
What about Robert’s situation, where a number of woodworkers are building projects to donate to a charity? “Well, in that case, we would advise you to get one of the items you are building tested. This way, you protect yourself and the group should someone later have it tested and want to sue.” Yes, that’s right, Joe said that as long as the same finish product is being used on the projects, just one of the batch will need to be tested, not the entire lot.
Joe said that the CPSC offers a list of independent laboratories that can do the testing for a fee.
That’s all well and good, but something still didn’t make sense for me. Hear me out. Say the Amalgamated Weasel Spit Finish Factory makes a finishing product that imparts a hard-wearing, hand-rubbed finish to your wood project. Why not test the big parent batches of finish while they are being made at the factory instead of asking the 20,000 woodworkers to get their projects tested for lead?
It’s thinkin’ like that that gets me into trouble. But, not this time.

This time, instead, I put a call in to the folks at Minwax, arguably one of the largest wood finish manufacturers in the world. I was connected to a really nice guy named Kyle Holtz. I asked him what the industry is doing to help address this issue.
It turns out, quite a bit.
Back in 2007, Sherwin Williams/Minwax was working with the government and their own product safety people to determine which of their products were compliant with the upcoming regulations. A memo was recently circulated to their consumer information techs and reads:

We received Regulatory approval in March of 2007 to recommend Minwax Fast-Drying Polyurethane, Minwax Wipe-On Oil-based Polyurethane Finish and Helmsman Spar Urethane as coatings used on (baby or child) furniture and toys. Originally Polycrylic was on that list but was taken off back in April of 2009. If a customer wants to know what products are safe to use if they can be chewed /ingested we should make no recommendation.

OK, so the folks at Minwax can’t tell you that their products can be eaten safely, but they can indeed be used for furniture and toys that won’t be ingested or chewed on. For Minwax, they understand that the build – and – do-it-yourself community is their main audience, and anything they can do to help woodworkers adjust to these new regulations is only going to help their bottom line.
What does this ultimately mean for the home woodworker? Well, if you are building for your family or a friend, you have the green light. If you are concerned about lead, call the finish manufacturer to ensure you get the safest product possible.
If you are going in on a group charity build, it would be worth it to get the Material Data Safety Sheet and any other documentation from the manufacturer and look strongly into getting an item of the lot tested… just to ensure you are walking the straight and narrow and to head off any possible lawsuits.
And, build away! The kids who are getting these gems are the ultimate winners.
For your reference, here are a few contacts for some of the larger finish manufacturers:

• Minwax (800) 523-9299
• Zinsser (888) 855-1774
• Olympic (800) 441-9695
• Deft Finishes (800) 458-3338
• Watco Finishes (800) 323-3584

[sawman101]

Hmmmm...I wear hearing aids, have CRS, ADD, ADHD, not tall enough, had kidney cancer, haven't practiced reproduction nearly as much as I'd like to--must have been the finish on my baby crib. Can I sue my mother?? Seriously, this would appear to be a knee jerk reaction by legislators to a problem caused by Chinese toy manufacturers, not American toy makers. So now, not just the big manufacturers, but the one weekend woodworker making toys in his tiny backyard shop for sale at a craft show, or for a charity must pay a huge price. The Gummint officials are the people I voted for to represent me in Gumment to serve my interests.
To be clear on this issue, I understand that I can make wooden toys and as long as I make only 1 individual item, I can sell or give that item away without having it tested. If I make 2 or more of that item, it must be laboratory tested and certified lead free. (The lab fee, as I understand it, can be approx. 1.5-2k.) Also, I read an example of a woman who makes doll dresses. She makes, say, 24 sun dresses from the same bolt of cloth. She has one of those dresses tested and certified lead free. If she makes a different type of dress, from the same bolt of cloth, that different version must also be tested. This was the interpretation several months ago. The original legislation was scheduled to take effect last Feb. but was put on hold for one year while the lawmakers studied it some, but I haven't heard what their final legislation will be. It appears at this point that those of us who make toys, or anything for the child are banned from the practice of that enjoyable pursuit due to the exhorbitant cost of lab testing, and our well paid elected officials looking out for our best interests. Reckon instead of going out to the shop, I'll just mosey down to the clinic for my mandatory "End Of Life Conselling Session."

[Dragon]

Well, I'm 54 and grew up back in the day when lead was everywhere, asbestos was the "in" thing for insulation around steam pipes which were in ALL our schools, and by the way, the furnaces were still fired by coal, we played in the cinders outside. Like I said, I'm 54 currently, still alive and kicking like a mule, except when my arthritis kicks back.

I had lead toy soldiers to play with. Lots of the die-cast metal toys then had lead in them, on them, and in the paint on them. Yeah, I chewed them like any kid does when he's teething or investigating his/her surroundings. We used to play with silver mercury when I was in junior high school in the late 60's too. Dipped pennies in it to turn them silver. We didn't have warning labels and anti-lawsuit packaging around everything either.

Since growing up, (and term is used loosely), I've been known to shoot a serious amount of ammo over the years and reloaded even more. Handled lead frequently, smoked my cigarettes, and even put together a fair amount of sandwiches and ATE them, all without benefit of first sanitizing and de-leading my hands and clothing. Hey, need I remind you, I'm still here?

As a result of all this extremely hazardous and downright suicidal behavior, (according to some), I haven't suffered any brain damage. My exes can attest to that as I soundly defeated them in court myself. I managed to grow to a height of over 6 ft. though I never managed to gain over 157lbs at my heaviest. Guess all that lead and asbestos sped up my metabolism.

Having said all that, I'm all in favor of making things as safe as possible for ourselves an our little ones. We don't and shouldn't have to try to remove and/or isolate every conceivable hazard or risk in life. If you pick blackberries for a living, sooner or later the thorn is gonna get ya. We as a culture have gone so far off the deep end with our clamoring for someone else, usually the gov't., to "DO" something, that we have allowed ourselves to become puppets to our own fears. It's getting to the point that I personally am fearful of offering my nextdoor neighbor vegetables from my garden. Heck, he might find a bug on one of my squash and sue for damages. I'd sooner let the stuff rot on the vine.

Sorry, I don't have an answer for any of this hysteria I just had to turn on the rant mode and speak my mind.

[McRabbet]

On Monday of this week, our Western NC Woodworkers Association delivered about 150 all solid wooden toys without any finish to a charity in Asheville, just in time for their annual Holiday Dinner for a large group of needy children. We have been very aware of the 2008 Consumer Products Safety Improvement Act's original provisions, the 1-year non-enforcement stay to early 2010 and the determination that a limited number of raw materials (like wood) would be exempt from mandatory testing. This year, we only used solid hardwoods (mostly Maple and Cherry) and no plywoods, exposed metal fasteners and absolutely no finishes (even USP grade Mineral Oil!) in our toys. We had to abandon several toy designs we used in last year, including 65 boys wagons with hardwood, prefinished maple plywood and metal axles, nuts and aluminum support parts and 50 doll cradles made from Baltic Birch Plywood. Like most Woodworking Clubs, we cannot afford the testing. In the long run, the needy kids that are our beneficiaries will be the ones to suffer. In the coming year, we will probably be forced to raise funds by making some high-end pieces for adults and raffle them off and then buy commercial toys for kids rather than making the marvelous wooden toys we have been making.

By the way, I'd like to pat Steve Sediener on the back for an excellent starting post to this thread. I do plan to post pictures of the toys we made this year, once I get them uploaded.

[Jeff Mills]

Originally Posted by Dragon

Well, I'm 54 and grew up back in the day when lead was everywhere, asbestos was the "in" thing for insulation around steam pipes which were in ALL our schools, and by the way, the furnaces were still fired by coal, we played in the cinders outside. Like I said, I'm 54 currently, still alive and kicking like a mule, except when my arthritis kicks back.

I had lead toy soldiers to play with. Lots of the die-cast metal toys then had lead in them, on them, and in the paint on them. Yeah, I chewed them like any kid does when he's teething or investigating his/her surroundings. We used to play with silver mercury when I was in junior high school in the late 60's too. Dipped pennies in it to turn them silver. We didn't have warning labels and anti-lawsuit packaging around everything either.

Since growing up, (and term is used loosely), I've been known to shoot a serious amount of ammo over the years and reloaded even more. Handled lead frequently, smoked my cigarettes, and even put together a fair amount of sandwiches and ATE them, all without benefit of first sanitizing and de-leading my hands and clothing. Hey, need I remind you, I'm still here?

As a result of all this extremely hazardous and downright suicidal behavior, (according to some), I haven't suffered any brain damage. My exes can attest to that as I soundly defeated them in court myself. I managed to grow to a height of over 6 ft. though I never managed to gain over 157lbs at my heaviest. Guess all that lead and asbestos sped up my metabolism.

Having said all that, I'm all in favor of making things as safe as possible for ourselves an our little ones. We don't and shouldn't have to try to remove and/or isolate every conceivable hazard or risk in life. If you pick blackberries for a living, sooner or later the thorn is gonna get ya. We as a culture have gone so far off the deep end with our clamoring for someone else, usually the gov't., to "DO" something, that we have allowed ourselves to become puppets to our own fears. It's getting to the point that I personally am fearful of offering my nextdoor neighbor vegetables from my garden. Heck, he might find a bug on one of my squash and sue for damages. I'd sooner let the stuff rot on the vine.

Sorry, I don't have an answer for any of this hysteria I just had to turn on the rant mode and speak my mind.

So now we know

[Seamus Eamon]

Gentlemen...my first post on this board, a newcomer this week. Please understand I am a novice @ best w/r/t woodworking but I do know lead and environmental issues very well. It is what I do for a living so bear with me and please understand my position.

My first reaction reading this is ok so don't put any finish or coating on the projects. It is the gift that is the most important and not necessarily the finish. Better to be safe than sorry.
Secondly, I have used lead testing equipment (XRF) that can be rented from local places. Actually it is not specific to lead, XRFs can measure all metals. Ok, so I am not advocating renting this equipment yourself but another option is to talk to these rental places and have them "donate" one for testing or offer the test a bunch of these toys (say on a Saturday). They would love the publicity!
Why did I think of this? Well during training of our staff the equipment manufacturer said Walmart has ordered some to spot check toys, in order to protect their image.
I asked to borrow it over the weekend and used it to check all my newborn sons toys and furniture. Why unknowingly expose my child to levels of a metal that scientists prove can be detrimental. I mean he already has my genes, isn't that bad enough? No lead anywhere.

The screening criteria for lead are as follows:
Consumer Product Safety Commision - 300 ppm in toys/ 90 ppm in coatings.

[adowden]

I am very disturbed about this legislation. For one person woodworkers, it is hard enough to make a decent living at woodworking. My business plan for this year is to break even. I repeat BREAK EVEN. I can't even pay for my tools and consumables. I will have to turn business away because I sure can't pay for testing. I was under the impression with the legislation that the pieces would have to be third party tested. In that case, I don't see how renting testing equipment would help.

This legislation goes much deeper than woodworking. Most of the thrift stores I frequent have pulled all childrens toys and equipment because they can't test them. When I have used children's toys and equipment to donate, I leave them at the local "swap shop" at the recycling center now that the thrift stores aren't accepting them. It is also going to hurt the consignment businesses.

Amy

[Travis Porter]

I'm with Amy. It is very disturbing to have this legislation implemented when imported toys were the root cause....

To me, the government has addressed the symptom, not the root cause. The manufacturers and importers are accountable, and should be held accountable as the general ban on lead in the US has been in place for many years and is not something new.

[Dragon]

Originally Posted by Seamus Eamon

Gentlemen...my first post on this board, a newcomer this week. Please understand I am a novice @ best w/r/t woodworking but I do know lead and environmental issues very well. It is what I do for a living so bear with me and please understand my position.

Welcome to the site James, glad to have you. (see my post above) I've worked in the electronics/computer industry for nearly 12 years now doing all sorts of soldering with both leaded and lead free solder. I won't attempt to argue the points about lead safety, (I too am on a workplace EHS team), but in my conspiratorial mind, there's much ado about relatively little.

Looking forward to seeing some of your wooden workings!

[Makinsawdust]

Unless something has changed, Amy is right. The testing must be done by a third party lab. Also, phthalate testing and product labeling were required, based on the last info. I read. Things could have changed so read it for yourself if your involved in making kids stuff.

[froglips]

I did some reading, and it makes my head hurt.

I didn't have much luck finding any organized effort to lobby for a change/repeal of this "law". The Motorcycle/ATV/Snowmobile industry has been very active as this law eliminates their youth products completely.

Their lobbying organization, the AMA (American Motorcycle Assoc) has been hard at work on this.

Anyone know of comparable efforts from toy makers, thrift store owners and other small operators hit with this?

The exemption for Wood in Table B has left me wondering if unfinished wooden toys could still be done without testing. As I mentioned reading this stuff is confusing to say the least.

Jim

[ScottM]

Originally Posted by froglips

The exemption for Wood in Table B has left me wondering if unfinished wooden toys could still be done without testing. As I mentioned reading this stuff is confusing to say the least.

Jim

Take this as one mans opinion. The way I understand it Jim is yes. Unfinished solid woods. So no plywood, mdf, or other man made wood products. Also no paint, magic marker, decals, clear finish, etc. Not even mineral oil. Also no exposed other parts (nails, screws, etc).

[Seamus Eamon]

This lead issue is a hot topic. The initial link at the top of Steve Sediener's post has some follow up info that I believe all of us should see and potentially join if we feel strongly enough. See below for the cut and paste of the most relevant info (1...below).

As I see it, donating is to charity is not affected providing the places will accept them as they have their own laws. I would then default to no finish on them. Secondly, the CPSIA only regulates interstate commerce by definition " the buying and selling of products across state lines". Maybe this clarifies woodworkers selling items in NC.

On a side note, you are all helping me understand and learn the art of woodworking. Heading out to plane some rough sawn cypress in the garage. I had it since July and planning to replace all the wire shelving in my house. This is my first time ever. Once complete, I am installing 900 sq ft of hardwood flooring then replacing the mantle with some borneo rosewood. Please wish me luck and keep the tips coming. You are a very impressive group of individuals and have gifted hands.

1. Tom, thanks for writing about this. I wanted to let you know that several of us from the Handmade Toy Alliance met with CPSC Commissioner Adler and CPSC staff last week and raised some of these same questions. Here’s a few clarifications:
   According to Commissioner Adler, the CPSIA regulates only interstate commerce, which means that items made for charity are not subject to the 3rd party testing requirements. If you sell your toys, however, the full force of the CPSIA applies. We have heard various interpretations of this, however, and the CPSC has put nothing in writing about this distinction, but I feel confident that charity crafters can rest a little easier (assuming of course they are making safe products to begin with).
   Second, I want to stress that Material Safety Data Sheets are NOT acceptable to satisfy CPSIA testing requirements. Any surface finish which is not absorbed by the substrate and can be scraped off is subject to mandatory 3rd party testing requirements NOW. So, if you’re selling painted or varnished toys, you must have them tested at a CPSC-certified 3rd party lab. This requirement has not been put on hold and has been in effect since last December.
   Third, I would strongly urge anyone who makes toys to sell to get involved in the fight to amend the CPSIA. Join the Handmade Toy Alliance today, where we’ve been working together to influence congress and the CPSC. We’ve already won exemptions for natural materials, but there’s much more to do. Help us save small batch children’s products. http://www.handmadetoyalliance.org.
   Comment by dan marshall — December 16, 2009 @ 1:22 pm

Let me offer the follwing link of the specific law:
http://www.cpsc.gov/BUSINFO/frnotice...eadcontent.pdf

In this pdf link, it summarizes the main points. Specifically it states this,

7. Certain Finishes

Several commenters requested that
water based paints, acrylic paints, water
based clear finishes, varnishes, lacquers,
and milk paint be determined to comply
with the lead content limits.
We decline to revise the rule as
suggested by the comments. The
Commission has long-standing
regulations on paint and similar surface
coatings at 16 CFR part 1303. Section
101(f) of the CPSIA imposed an even
stricter lead limit for paint and similar
surface coatings from 600 ppm total lead
by weight to 90 ppm total lead by
weight as of August 14, 2009. Because
of the well-documented danger to
children from contact with leadcontaining
paints and similar surface
coatings and past instances of children’s
products bearing lead-containing paints
or coatings despite regulations
prohibiting the practice, such materials
must be tested to show their compliance
with the regulations, and we have
revised proposed § 1500.91(a) to include
the following: ‘‘Materials used in
products intended primarily for
children 12 and younger that are treated
or coated with paint or similar surfacecoating
materials that are subject to 16
CFR part 1303, must comply with the
requirements for lead paint under
section 14(a) of the Consumer Product
Safety Act (CPSA), as amended by

section 102(a) of the CPSIA.’’

[fergy]

Apparently, this legislation has been held off for another year. Just heard it this morning on NPR. Sounds like they are still trying to iron it all out.