Limits on lead and mercury in surface coatings

Summary#

The final rule titled Regulations Amending Certain Regulations Made Under the Canada Consumer Product Safety Act (Surface Coating Materials) tightens and clarifies limits on lead, mercury and some other elements in paints, stickers, films and similar coatings on consumer products. Health Canada published the regulation on June 22, 2022; it takes effect on the 180th day after publication (on or about December 19, 2022).

What it does#

• Changes the definition in the Surface Coating Materials Regulations so “surface coating material” covers more kinds of coatings — including coatings that do not dry (for example, powder coatings) and removable decorative materials such as stickers and films.
• Adds a definition of an accessible part (parts a child might touch, lick, mouth or swallow).
• Requires testing to follow the OECD Principles of Good Laboratory Practice (so tests are done in reliable, internationally accepted labs).
• Sets or clarifies limits for coatings applied to accessible parts:
  • No more than 90 mg/kg total lead in applied coatings on pencils, artist brushes, products for children and furniture.
  • No more than 10 mg/kg total mercury in surface coating materials and applied coatings.
  • No more than 1 000 mg/kg migratable amount for compounds of antimony, arsenic, cadmium, selenium or barium.
• Removes an outdated hydrochloric acid test and replaces it with the general requirement to test using methods that conform to good laboratory practices.
• Makes matching edits to other rules so they all say the same thing: the Toys Regulations, Cribs, Cradles and Bassinets Regulations, Expansion Gates and Expandable Enclosures Regulations, and Playpens Regulations.

Who's affected#

• Manufacturers, importers, distributors and retailers of paints, powder coatings, stickers, films and other surface coatings.
• Businesses that make or sell furniture, toys and children’s products (including cribs, playpens, expansion gates), pencils and artist brushes.
• Testing laboratories that verify compliance.
• Small businesses in the furniture and children’s product sectors are likely to see most of the compliance costs.
• Health Canada, which will use the clearer rules to enforce limits and remove unsafe products more quickly.

Estimated compliance costs (from Health Canada’s analysis):

• Total 11-year, non-discounted industry cost: $2,957,000.
• Present-value (10 years, discounted) cost: $1,784,740.
• Annualized value: $254,110.

Why it matters#

• The changes reduce gaps in the rules so coatings that can be removed (like stickers) or coatings that don’t “dry” (like powder coatings) are covered. That lowers the chance children will be exposed to lead, mercury or other harmful elements by mouthing, chewing, chipping or refinishing items.
• Requiring testing to international good laboratory practices makes test results more reliable and eases trade with other countries that use similar standards.
• Most products on the market already meet these limits, but the updated rules give Health Canada clearer authority to act quickly on non-compliant items. The estimated costs are concentrated among small manufacturers, but consumer price impacts are expected to be very small.