New California Proposition 65 Settlement Regarding Lead in Bicycles and Accessories November 2007 (07B-166)
|
Under California’s Proposition 65, product requirements are established based on settlements resulting from litigation brought forward by individuals or groups challenging the safety of chemical levels in particular products. Numerous judgments are filed in California each year, making it challenging for retailers and manufacturers to keep up-to-date.
One recent settlement regarding lead in sports equipment calls for the reformulation of bicycles, bicycle accessories and protective products. For assistance with updating requirements for your products for this or other settlements, please contact us directly. |
SETTLEMENT HIGHLIGHTS
Highlights under the terms of the settlement for covered products, such as plastic components and painted components of bicycles and/or bicycle accessory products include specific reformulation requirements as follows:
(A) The surface contact layer of plastic components shall have lead content by weight as follows:
i) For grips: a) no more than 0.03% (300 ppm) for grips on bicycles having wheels that measure over 20 inches in diameter; b) no more than 0.003% (30 ppm) for grips on bicycles having wheels that measure 20 inches or less in diameter.
ii) For clothing which is a bicycle accessory product (including bicycle- related protective gear, gloves, and shoes): a) no more than 0.03% (300 ppm) for the thermoplastic/plastic elements if the clothing item in question is (1) not marketed for use by children 6 years of age or under, and (2) has less than 65% of the surface area of the surface contact area comprised of plastic/thermoplastic; b) no more than 0.003% (30 ppm) for the thermoplastic/plastic elements used on clothing if the clothing item in question is (1) marketed for use by children 6 years of age or under, or (2) has 65% or more of the surface area of the surface contact area comprised of plastic/thermoplastic.
iii) For all other plastic components, no more than 0.03% (300 ppm).
(B) The outer surface contact layer of painted components shall have a lead content by weight of no more than 0.06% (600 ppm), and a cadmium content by weight of no more than 0.48% (4800 ppm).
Covered products which are bicycle accessory products, but are not replacement parts or handlebar tape, handles/grips, tools, or clothing, may continue to be offered for sale in California without meeting the reformulation requirements if they are accompanied by a warning as below:
WARNING: This product contains chemicals, including lead, known to the state of California to cause birth defects or other reproductive harm. Wash hands after handling.
WARNING: Handling this product will expose you to chemicals, including lead, known to the state of California to cause birth defects or other reproductive harm. Wash hands after handling.
Bicycle accessory products include but are not limited to:
Auto racks |
Kickstands |
Protectors/reflectors |
Bags/baskets |
Lights |
Pumps |
Bells/horns |
Locks |
Repair stands |
BMX pads/pegs |
Mirrors |
Storage racks |
Computers for bicycles |
Mounted racks |
Trainers & training wheels |
Fenders |
Protective gear which is not clothing |
Water bottles, water & bottle cage/hydro packs |
Helmets |
|
| Our Approach to Assisting You with Proposition 65 By monitoring Proposition 65 actions and settlements, we help retailers and manufacturers take a proactive and comprehensive approach to compliance. We assist our clients in determining if chemicals listed under Proposition 65 are present in their products as well as identifying exposure routes and assessing the risk levels in items. We then help our clients to build in the appropriate requirements into their testing and quality assurance programs on an ongoing basis. Our services include:
Analytical Testing Services: Identifies levels of listed Proposition 65 substances in a product and testing to current consent decrees.
Design Evaluations: Reviews product construction and/or formulations with possible recommendations.
Technical Opinion Letters: Evaluates your formulation against the current list of Proposition 65 chemicals.
|
ABOUT PROPOSITION 65
Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act, was enacted in California in 1986. This Act requires that anyone in the course of doing business in the state who exposes an individual to a chemical “known to the state” to cause cancer or reproductive toxicity must first give a “clear and reasonable” warning.
Currently over 740 chemicals are listed by the State of California as known carcinogens or reproductive toxins, and lead is one such chemical. The Act affects all products sold or distributed in California with fines of up to $2,500 per violation per day. |
For More Information Please call your program manager or contact our nearest location to discuss how we can help you. For more information on Proposition 65 and how Bureau Veritas can help you, visit: http://tinyurl.com/24potd
Printer-friendly Bulletin
Click here for a complete list of our Regulatory Bulletins
Bureau Veritas Consumer Products Services, Inc. (“BVCPS”) provides the information in this client bulletin as a resource of general information. It does not replace any applicable legal or regulatory requirements and is provided “as is.” BVCPS will not be liable for any indirect, special, punitive, consequential or other damages (including without limitation lost profits) of any kind in connection with this client bulletin. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS CLIENT BULLETIN.
Copyright © 2007 Bureau Veritas Consumer Products Services, Inc. All Rights Reserved
|