I apologize for this. New subclause 8.1(4) is confusing because of editing errors.
The way it should read is this:
(4) A child's toy or child care article shall be considered to contain the substance on the list if the degree of concentration of that substance in the toy or article is so great that it would be reasonable to conclude that the substance was added to the product in the manufacturing or packaging process.
In other words, it's clarifying that we're not talking about background levels of lead or cadmium that may be in the air or in the soil; we are talking about concentrations that reasonably would be concluded to be added.