What Is 16 CFR Part 1303 Certification Testing

During product testing, clients often require testing for lead content in paint and surface coatings of products. Many clients are unclear about which products with paint and coatings need lead content testing and what the testing limit requirements are. Today we will walk you through this.

The federal government has two distinct requirements for lead content in paint and similar surface coatings on children’s products:

One requirement governs total lead content in paint or other surface coatings of children’s products (limit: 90 ppm), and the other governs total lead content in substrates of children’s products (limit: 100 ppm). The 16 cfr 1303 standard applies to the first category, namely total lead content in paint or other surface coatings.

Applicable Standard for Lead Content in Paint and Similar Surface Coatings

16 CFR 1303 Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint

Which Products Must Comply with Lead Limits in Paint and Surface Coatings?

Lead limits in paint and surface coatings apply to:

(i) Paint and other similar surface coatings;

(ii) Toys and other articles intended for use by children; and

(iii) Certain furniture articles.

Movable furniture with surface coatings, such as beds, bookcases, chairs, cabinets, tables, dressers, and console televisions, fall within the scope of this regulation.

Appliances such as stoves, refrigerators, and washing machines, fixed fixtures such as built-in cabinets, windows, and doors, and household products such as curtains and blinds are outside the scope of this regulation.

In addition to products sold directly to consumers, lead limits in paint and surface coatings also apply to products used or enjoyed by consumers after sale, such as paint used in residences, schools, hospitals, parks, playgrounds, public buildings, or other places where consumers directly contact painted surfaces. Paint for vessels and motor vehicles is excluded from this regulation.

Testing Methods

1. Standard operating procedures for determining lead (Pb) in paint and other similar surface coatings established by the CPSC, testing methods CPSC-CH-E1003-09.1; and/or

2. ASTM F2853-10 "Standard Test Method for Determination of Lead in Paint Layers and Similar Coatings or in Substrates and Homogeneous Materials by Energy Dispersive X-Ray Fluorescence Spectrometry Using Multiple Monochromatic Excitation Beams"

Exemptions from Lead-Containing Paint Requirements

1. Exempt but required to bear labeling under 16 CFR § 1303.3(b) with specific warnings indicating the presence of lead. Such products include:

• Patching paints for agricultural and industrial equipment;

• Architectural and equipment maintenance coatings;

• Commercial products used solely for billboards, road signs, and similar items;

• Patching paints for agricultural equipment, lawn and garden equipment, and electrical appliances;

• And catalyzed paints marketed solely for radio-controlled model airplanes.

2. Exempt and not required to bear warning labels. Such products include:

• Mirrors on furniture articles with lead-containing primer;

• Artists’ paints;

• And metal furniture (except children’s furniture) factory-coated with lead-based coatings (e.g., powder coatings), which are exempt from this regulation without warning labels.

Frequently Asked Questions

Is textile printing ink considered a surface coating subject to 16 CFR Part 1303?

It depends on whether the textile ink bonds with fibers or can be scraped off the textile substrate. If the ink can be scraped off the substrate, it must comply with the lead requirements for paint under 16 CFR Part 1303 (0.009% or 90 ppm).

Does printing on paper need to comply with lead limits for paint and fall under 16 CFR Part 1303?

Printing ink on paper is not considered a paint or similar surface coating material. See 16 CFR § 1303.2(b)(1). Ordinary printing on paper is subject to a total lead content requirement of 100 ppm. However, the Commission exempts paper and other similar materials, as well as CMYK process printing inks commonly used for paper printing, from third-party testing under 16 CFR § 1500.91.

Are there additional restrictions on other heavy metals in paint and surface coatings for toys?

Yes. For toys, astm f963-17 Standard Consumer Safety Specification imposes additional restrictions on the content of antimony, arsenic, barium, cadmium, chromium, lead, mercury, and selenium, based on the soluble portions of the materials using specific extraction methods provided in the standard.

Applicable toys require ASTM F963-17 solubility testing for antimony, arsenic, barium, cadmium, chromium, mercury, and selenium, as these chemical elements are not covered under 16 CFR § 1303.1. However, for lead, products subject to 16 CFR § 1303.1 do not require soluble limit testing, as the maximum total lead content in paint under 16 CFR § 1303.1 is 90 ppm, which is stricter than other applicable requirements.