Regulatory News: Bulletins

 
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

 
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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

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