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CPSC Exempts Toys Made From Unfinished and Untreated Wood From Certain Third-Party Testing

The Consumer Product Safety Commission is issuing a direct final rule that exempts toys made of unfinished and untreated wood from third-party testing for heavy elements (here). The move comes as part of a general push to reduce third-party testing burdens on industry, said the notice. The direct final rule takes effect Sept. 15, unless adverse comments are submitted to CPSC by Aug. 17. The commission also issued an identical proposed rule (here) that will form the basis for a new final rule should the interim rule be withdrawn due to opposition.

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The new exemption follows a study commissioned by the CPSC that examined the potential for several materials, including unfinished and untreated wood, bamboo, beeswax, undyed and untreated fabrics and textiles, and paper, to contain heavy elements above maximum safety limits. According to the CPSC, unfinished and untreated wood was the only material that the study conclusively found to be below the heavy element limits in the toy standard.

The exemption only applies if the wood has not been treated or adulterated with the addition of any materials that could result in the addition of any of the heavy elements listed in the toy standard at levels above their respective solubility limits, said CPSC. “Unfinished and untreated trunk wood means wood harvested from trees with no added surface coatings (e.g., varnish, paint, shellac, polyurethane) and no materials added to the wood substrate (e.g., stains, dyes, preservatives, antifungals, insecticides),” it said. Manufactured or engineered woods such as pressed wood, plywood, particle board, or fiberboard would not be exempt, said the commission.

(Federal Register 07/17/15)