News
For Immediate Release
March 27, 2009 |
Contact: Bernanto Soesilo
1-800-423-6587, ext.3709 |
ICC-ES PMG Clarifies NSF 61 Annex G Versus
California 0.25 Percent Lead Legislation
As manufacturers prepare products for compliance with the 0.25 percent California lead legislation, some listing agencies claim they can certify these products in accordance with NSF 61 Annex G entitled, “Weighted Average Lead Content Evaluation Procedure to a 0.25% Lead Requirement.” At least one listing agency maintains it already has certified manufacturers’ products. The problem is there is no current existing protocol to certify products to the California lead legislation, according to ICC-ES PMG Director of Listing Programs, Bernanto Soesilo. “These listing agencies,” he said, “associate the California lead legislation with NSF 61 Annex G.”
So what does that mean when a product complies with NSF 61 Annex G?
History behind the development of Annex G
Currently, the California Health and Safety Code Section 116875 requires pipe, plumbing fittings or fixtures, solder, or flux to be lead free. Lead free is defined as:
1) not more than 0.2 percent lead when used with respect to solder and flux
2) not more than 8 percent when used with respect to pipes and pipe fittings, and
3) not more than 4 percent by dry weight when used with respect to plumbing fittings and fixtures.
The above regulations remain in effect until January 1, 2010.
In February 2006, AB 1953 was introduced to amend Section 116875 of the California Health and Safety Code. California Governor Arnold Schwarzenegger signed the bill and it became part of the California Health and Safety Code section 116875 that will take effect on January 1, 2010.
The amendment redefines the term lead free as:
1) not more than 0.2 percent lead when used with respect to solder and flux, and
2) not more than a weighted average of 0.25 percent when used with respect to the wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures.
A formula to calculate the weighted average lead content also is defined in the amendment. It was used as the basic formula to create NSF 61 Annex G by a Lead Task Group comprised of regulators, manufacturers and certification agencies including ICC Evaluation Service and Underwriters Laboratories.
Why can NSF 61 Annex G NOT be used for certifying products?
NSF 61 Annex G does not contain any testing protocol as required by the amendment. It is basically a method to calculate the weighted average lead content.
The amendment also says certification agencies accredited by the American National Standards Institute (ANSI) shall certify products in compliance with the 0.25 percent California lead requirement. The certification shall include as minimum requirement testing protocols developed by the California Department of Toxic Substances Control, and these protocols have yet to be formulated (as of March 27, 2009). NSF 61 Annex G was not developed or adopted by the California Department of Toxic Substances Control. Therefore, a third party certification agency cannot use NSF 61 Annex G to certify manufacturers’ products to the California Health and Safety Code Section 116875, according to Soesilo.
What should manufacturers do?
Manufacturers should approach certification with caution, Soesilo recommends. “They can attempt to analyze and evaluate their products in-house and in accordance with what they believe is the intent of California Health and Safety Code Section 116875. However, with no testing protocol as yet specified, it may be more prudent for manufacturers to wait for the California Department of Toxic Substances Control to develop and introduce the new testing protocols before expending valuable resources. Manufacturers should keep in mind that certification to NSF 61 Annex G does not mean certification to the California Health and Safety Code Section 116875 0.25 percent lead requirement,” he said.
A nonprofit, public-benefit corporation, ICC-ES is the United States’ leading evaluation service for innovative construction materials and systems. ICC-ES performs technical evaluations of building products, components, methods and materials. Its evaluation reports and listings for plumbing, mechanical and fuel gas products, provide evidence that products and systems meet code requirements. ICC-ES recently developed the SAVE Program in conjunction with International Code Council activities to provide reliable information about claims made by manufacturers of sustainable products, and to develop and advance sustainable design and construction. ICC-ES is a subsidiary of the International Code Council.
