CPSC Revision to Notice of Requiremets-Lead Paint Under 16 C.F.R part 1303

On Apirl 5,2011, the revision of 16 CFR 1303 had been released by CPSC. CPSC staff proposed the follwing change:

The third party conformity assessment bodies(TPCABs) must to reference one or more of the following test method(s) on a going forward basis: the existing CPSC Standard Operating Procedure for Determining Lead (Pb) in Paint and Other Similar Surface Coatings, CPSC–CH–E1003–09 (April 26, 2009);  revised CPSC Standard Operating Procedure for Determining Lead (Pb) in Paint and Other Similar Surface Coatings CPSC–CH–E1003–09.1 (February 25, 2011); and/or ASTM F2853-10, “Standard Test Method for Determination of Lead in Paint Layers and Similar Coatings or in Substrates and Homogenous Materials by Energy Dispersive X-Ray Fluorescence Spectrometry Using Multiple Monochromatic Excitation Beams.”

Requirements for the Competence of Testing and Calibration Laboratories, and the scope of the accreditation must expressly include testing to the requirements of 16 C.F.R. part 1303. CPSC staff propose the following change: “The accreditation must be authenticated by an accreditation body which is a signatory to the International Laboratory Accreditation Cooperation—Mutual Recognition Arrangement (‘‘ILAC–MRA’’) and the scope of the accreditation must include testing to the requirements of 16 C.F.R. part 1303 in accordance with the CPSC Standard Operating Procedure for Determining Lead (Pb) in Paint and Other Similar Surface Coatings, CPSC-CH-E1003-09 and/or CPSC-CH-E1003-09.1 and/or ASTM F2853-10.” The validity of XRF methods and equipments other than those specified in ASTM F2853-10 would not be considered effective for testing lead in paint and surface coatings for the purpose of determining conformity with part 1303 of Title 16, Code of Federal Regulations at this time.

Staff recommends that the revised version of 16CFR 1303 will become effective upon publication of notice thereof in the Federal Register, with a phase-in period for CPSC acceptance of accreditation, as described in the draft Federal Register notice.

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