Canada Approved Consumer Products Containing Lead Regulations (SOR/2018-83)

May 2, 2018, Health Canada has published SOR/2018-83 Consumer Products Containing Lead Regulations, which shall repeal SOR/2010-273 Consumer Products Containing Lead (Contact with Mouth) Regulations. All the proposed provisions have been approved and shall come into force on November 2, 2018.

Comparing the new regulations with SOR/2010-273:

1. SOR/2018-83 applies to the following products (additionally covered products are highlighted in blue):
a. A product that is brought into contact with the user’s mouth during normal use, except for
(i) a kitchen utensil, or
(ii) a product that is subject to the Glazed Ceramics and Glassware Regulations;
b. Any clothing or clothing accessory that is intended for use by a child under 14 years of age;
c. A product that is intended for use in learning or play by a child under 14 years of age;(note: only products for children under 3 years of age are currently regulated.)

d. A book or similar printed product that is intended for a child under 14 years of age, except if it is
(i) printed on paper or cardboard, and
(ii) printed and bound in a conventional manner using conventional materials;
e. A product whose primary purpose is to facilitate the relaxation, sleep, hygiene, carrying or transportation of a child under four years of age.

2. The lead content limit of each accessible part of a product within the scope remains to be 90 mg/kg.

3. The exemptions applied in both regulations are the same. An accessible part is exempted from the lead requirement if:
a. Lead is necessary to produce an essential characteristic of the part;
b. No alternative part containing less lead is available; and
c. The part does not release more than 90 mg/kg of lead.

4. The lead content or release of accessible parts can be determined by any methods in accordance with good laboratory practices. The test method for lead release is no longer restricted to EN 71-3.