4.3.5.1 Paint and Similar Surface-Coating Materials—Paint
and other similar surface-coating materials applied to toys shall
comply with the lead content provisions of 16 CFR 1303,
issued under the Consumer Product Safety Act (CPSA), as
amended by the Consumer Product Safety ImprovementAct of
2008 (CPSIA).
(1) This regulation prohibits the use of paints or similar
surface-coating materials that contain lead or lead compounds
and in which the lead content (calculated as lead metal [Pb]) is
in excess of 0.009 % (90 ppm) of the weight of the total
nonvolatile content of the paint or the weight of the dried paint
film.
(2) In addition, surface-coating materials shall not contain
compounds of antimony, arsenic, barium, cadmium,
chromium, lead, mercury, or selenium, of which the metal
content of the soluble material is in excess of the levels by
weight of the contained solids (including pigments, film solids,
and driers) given in Table 1. The analytical results obtained
should be adjusted in accordance with the test method in
8.3.4.3 prior to comparing them to the values in Table 1. To
determine conformance, the soluble level shall be determined
by dissolving the contained solids (dried film including
pigments, film solids, and driers) as specified in 8.3.2.
4.3.5.2 Toy Substrate Materials—These requirements are
intended to reduce children’s exposure to heavy elements that
may be contained in accessible toy substrate materials (for
requirements pertaining to surface coating materials, see
4.3.5.1).
(1) Scope—This section specifies requirements and test
methods for total lead and the migration of antimony, arsenic,
lead, barium, cadmium, chromium, mercury and selenium in
accessible substrate materials. For accessible glass, metal and
ceramic toys or parts of toys, the soluble test requirements are
only applied if they are small parts (that is, they fit into the test
fixture specified at 16 CFR 1501 (see Fig. 3).
(a) Accessibility of parts shall be determined as defined
in 3.1.2 before and after use and abuse testing described in 8.5
– 8.10.
(b) Toys and parts of toys which, due to their
inaccessibility, size, mass, function, or other characteristics,
cannot be sucked, mouthed, or ingested are not subject to
solubility testing requirements.