Consumer Products Containing Lead Regulations — SOR/2018-83
- Citation
- SOR/2018-83
- Jurisdiction
- CA
- Made by
- Health Canada
- Instrument
- Regulation
- Status
- In force
What it requires (2 obligations)
Each accessible part of a consumer product containing lead must not contain more than 90 mg/kg of lead when tested in accordance with good laboratory practices. Clothing and clothing accessories intended for use by a child under 14 years of age are within the definition of such a product, so the limit reaches every part of a children's garment that may be touched, licked, mouthed or swallowed in reasonably foreseeable use.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Manufacturers, importers and sellers
- Products
- Apparel, childrenswear, clothing accessories, textiles
- Markets
- CA
The limit is a CONTENT limit, not a migration limit, and it applies part by part rather than to the garment as a whole. In practice that puts it on trims, fasteners, zips, prints and appliqué rather than on the cloth. "Accessible part" is defined by what may be touched, licked, mouthed or swallowed during reasonably foreseeable use, which for childrenswear is a wide reading. Nothing in the regulation's title or operative text says textile: it reaches childrenswear only through the definition.
Quoted from section 2(1), read with the definitions of "consumer product containing lead" paragraph (b) and "accessible part" in section 1.
An accessible part may exceed 90 mg/kg of lead only where all three conditions are met: lead is necessary to produce an essential characteristic of the part; no alternative part containing less lead is available; and the part, tested in accordance with good laboratory practices, does not release more than 90 mg/kg of lead.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Manufacturers, importers and sellers
- Products
- Apparel, childrenswear, clothing accessories, textiles
- Markets
- CA
The three conditions are cumulative, not alternatives — the section joins (a) and (b) to (c) with "and". This is where the rule switches from content to RELEASE: a part relying on the exception is measured on what it gives up, not on what it holds. A supplier claiming the exception is asserting all three, including that no lower-lead alternative part exists, which is a sourcing claim rather than a test result and is the limb least likely to be evidenced.
Quoted from section 2(2), "Exception", paragraphs (a), (b) and (c).
This is a register, not advice. It records what an instrument says and when it applies. Whether it applies to a particular company, product or shipment is a question for somebody who knows that business, and the answer is frequently not what the summary above would suggest.
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