Notice Regarding Canada's Legislated Safety Requirements Related to Lead Content in Children's Toys

Date: December 20, 2007

To: Toy Manufacturers, Importers, Distributors, Retailers and Testing Laboratories

In Canada, the legislated safety requirements for children's toys are specified within the Hazardous Products Act (HPA) and the associated Hazardous Products (Toys) Regulations. Health Canada is the Federal government department that is responsible for the administration and enforcement of the HPA and its Regulations.

In light of the large number of recalls of children's toys in 2007 due to excess lead in painted surface coatings, Health Canada is advising establishments of Canada's legislated safety requirements related to lead content in children's toys. It is the responsibility of manufacturers, importers, distributors and retailers to ensure that any toy advertised, imported or sold in Canada meets all applicable safety requirements as set out in the HPA and the associated regulations.

Health Canada strongly recommends that toys be tested for compliance with all legislated requirements before they are placed on the market in Canada. Manufacturers are encouraged to establish effective control systems for on-going monitoring of safety compliance throughout design and manufacturing phases. Establishing effective controls for regular compliance monitoring of the supply chain is also critical for manufacturers, importers, distributors and retailers.

This notice describes the following lead-related legislative requirements that are currently in place for children's toys: (1) total lead content limit for applied surface coatings (e.g., paint), and (2) total lead content limit for the plastic material of toys. This notice also highlights a proposal for further reduction of the allowable lead limit for children's toys.

1. Toys with Applied Surface Coatings

The HPA prohibits toys, equipment and other products for use by a child in learning or play that have an applied surface coating material which contains total lead in excess of 600 mg/kg (refer to paragraph 9(b), Part I of Schedule I to the HPA). This prohibition is applicable to all children's toys, regardless of the age of the child the toy is likely to be used by. In order to assess the total lead content in applied coatings on toys, Health Canada follows the Product Safety Laboratory Method C-02.2, Determination of Total Lead Paints and Applied Coatings by Closed Vessel Microwave Digestion. This test method is available on the Health Canada Web-site at the following URL:
http://www.hc-sc.gc.ca/cps-spc/prod-test-essai/_method-chem-chim/c-02_2-eng.php.

2. Plastic Toys for Children Who Are Less Than Three Years of Age

The HPA restricts the use of substances, including lead, in the plastic of toys for children who are less than three years of age (refer to paragraph 13(r) of Part II of Schedule I to the HPA and section 12 of the Hazardous Products (Toys) Regulations). The total lead content in the plastic of such toys must not exceed 600 mg/kg. To test toys against this requirement, Health Canada follows the Product Safety Laboratory Method C-02.3, Determination of Total Lead in Polyvinyl Chloride Products by Closed Vessel Microwave Digestion. This method is applicable to PVC and other plastics and is available on the Health Canada Web-site at the following URL: http://www.hc-sc.gc.ca/cps-spc/prod-test-essai/_method-chem-chim/c-02_3-eng.php.

Proposal for Further Lead Content Restriction in Children's Toys

Health Canada is working towards further reduction of the allowable lead content for a wide range of consumer products, including children's toys. The current proposal, which is entitled the Lead Risk Reduction Strategy for Consumer Products, limits the allowable lead content for four groups of consumer products. Groups 1 and 2 of the Strategy propose new limits for various products including children's toys.

Group 1. Group 1 products include all toys likely to be used by children who are less than three years of age, as well as other products whose normal pattern of use involves the product being brought into contact with the user's mouth. The Strategy proposes to limit the allowable total lead content for these Group 1 products to a maximum of 90 mg/kg.

Group 2. All other children's toys are captured in Group 2 of the Strategy. The proposal for Group 2 products is to limit the allowable total lead content to a maximum of 600 mg/kg and the allowable migratable lead content to a maximum of 90 mg/kg.

Please note that at this time the Lead Risk Reduction Strategy for Consumer Products is not law. The proposed limits and the products they apply to may be revised as the proposal proceeds to publication in the Canada Gazette. It is expected that the proposal for Group 1 products will be published for consultation in Canada Gazette Part I in early 2008; at the same time a pre-consultation will be initiated on the proposal for Group 2 products. For further details on the Strategy, please consult the summary document which can be found on the Health Canada Web-site at the following URL:
http://www.hc-sc.gc.ca/cps-spc/legislation/consultation/summary-eng.php.

Other Toy Safety Requirements

Health Canada's Industry Guide to Canadian Safety Requirements for Children's Toys and Related Products, 2006 provides an overview of Canadian toy safety requirements. The Guide is available from the Health Canada Web-site at the following URL:
http://www.hc-sc.gc.ca/cps-spc/pubs/indust/toys-jouets/index-eng.php.

Other Lead Content Restrictions for Children's Products

In Canada, under the HPA, allowable limits for lead content are identified for a wide range of children's products, including children's jewellery, children's furniture and other products for children. For complete details please refer to:
 http://laws.justice.gc.ca/en/H-3/index.html.

A quick reference guide to the HPA is available at:
http://www.hc-sc.gc.ca/cps-spc/pubs/indust/reference_guide-consultation_rapid/index-eng.php.

Enquiries

If you have questions regarding the content of this notice or if you require further information, please contact your nearest Health Canada Consumer Product Safety office:

British Columbia - Burnaby (604) 666-5003; Alberta - Edmonton (780) 495-2626, Calgary (403) 292-4677; Saskatchewan - Saskatoon (306) 975-4502; Manitoba - Winnipeg (204) 983-5490; Ontario - Toronto (416) 973-4705, Hamilton (905) 572-2845; Québec - Longueuil (514) 283-5488, Québec City (418) 648-4327; New Brunswick - Moncton (506) 851-6638, Fredericton (506) 452-2405; Nova Scotia - Halifax (902) 426-8300; Newfoundland - St. John's (709) 772-4050