3rd party testing already required for painted products?

[#1]

Is this true?

Under question 5 it says that 3rd party testing is
already required for painted products.
http://www.cpsc.gov/about/cpsia/smbus/sbguide.pdf

I thought XRF testing would be fine until August?

Did I read that right?

I'm so confused! I think I'll have no choice but to pull my kid's stuff(almost everything!).

[StoryBlox]

I can argue that my birth annoucement blocks are works of art and not intended for play by children, but most of of the rest of my products are very obviously intended to be toys for children lol

theenchantedcupboard, I'm still not sure you're reading that right. The new legislation does update the lead requirements for paint, but does not impose any new phthalate requirements on paint.

The rest of the law is not written for paint manufacturers, it's written for toy/product manufacturers, which is us. The small business guide that was put out was written to US, so I do not believe they were speaking of paint manufacturers there.

However, in looking at the CPSIA where it lays out the 3rd party testing that the guide was talking about, I do see that it says specifically:
"LEAD PAINT.—Not later than 30 days after
the date of enactment of the Consumer Product Safety
Improvement Act of 2008, the Commission shall publish
notice of the requirements for accreditation of third
party conformity assessment bodies to assess conformity
with part 1303 of title 16, Code of Federal
Regulations. "

That being the title that defines "Lead-containing paint" as "paint or other similar surface coating materials containing lead or lead compounds and in which the lead content (calculated as lead metal) is in excess of 0.06 percent by weight of the total nonvolatile content of the paint or the weight of the dried paint film."

Which leads me to wonder if in fact, the CPSC has once again mis-interpreted, and the early 3rd party testing
IS only meant for the paint itself.

In which case, since I have a statement from my paint manufacturer declaring that there's NO lead in their paint, it would not qualify as "lead-containing paint" and hence my products should not be subject to the 3rd party testing until the stay is over...

I'm getting a headache lol

[bobsandbits]

just talked to someone at sherwin williams. he stated that they are not mandated by law to report pthalates on msds -- so they don't. however, he stated that by calling them, you can find out if a particular product contains pthalates. apparently, more industrial coatings are more likely to contain them. that doesn't explain minwax though.

[SkyviewClay]

I agree StoryBlox!

"In which case, since I have a statement from my paint manufacturer declaring that there's NO lead in their paint, it would not qualify as "lead-containing paint" and hence my products should not be subject to the 3rd party testing until the stay is over..."

"I'm getting a headache lol"

[bobsandbits]

i've got a headache too! still can't figure out why the cpsc has decided lead is an issue in american paints. what a waste of my time!

[LeilasLoft]

Thanks everyone for your help. Sorry, for not responding sooner. I thought this thread got buried.

I'm going to go with this statement-for now anyway:)

"In which case, since I have a statement from my paint manufacturer declaring that there's NO lead in their paint, it would not qualify as "lead-containing paint" and hence my products should not be subject to the 3rd party testing until the stay is over..."

I feel confident in the fact that my paints are safe.
They have already been tested and do not contain lead, so they are not lead paint.

That's good enough for me right now. I'm going to include myself in the Stay. LOL

[bobsandbits]

for anyone using latex paints, if a product has a "green seal" approval, none of the 3 phthlates are in there. also low voc http://www.greenseal.org/findaproduct/paints_coatings.cfm olympic paint at lowe's has a green seal. now to find a green seal sealer...

[bobsandbits]

click here to see green seal's recommendations for sealers http://www.fuhrindustrial.com/pdf_GreenSeal.pdf

this was one of the sealers recommended by green seal on the list above http://www.targetcoatings.com/oxford-super-clear.html $20 for 32 oz. & can buy on web

grandpa john, what do you think?

[SkyviewClay]

LeilasLoft...sounds like a plan to me! :)

[bobsandbits]

i have confidence in my products too. let's carry on, shall we?

[Former_Member]

Read Matt's latest post.

http://www.etsy.com/storque/craftivism/cpsia-its-february-10th-so-now-what-3413/

[Former_Member]

marking ................

[Former_Member]

PoshDots says:
LeilasLoft...sounds like a plan to me! :)
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I'm with both of you on that.

[SkyviewClay]

frillerup...btdt

That's what started this thread. :)

[Former_Member]

After reading all of this, I have a headache, too!! Can you imagine what we will feel like dealing with this until next year?

I just wonder how the "testers" were selected and what kind of a dog knot they are in with the supporters of this law? Something else to give us a headache.

[StoryBlox]

hmmm I wonder that Matt didn't mention painted items at all in that post of his... maybe he is just as confused on the painted stuff as everyone else... I think I"m going to start slowly relisting my items... maybe list everything but the ones that can't be construed as being offered for adults, and then take a few days to let the dust settle before I decide for sure to relist the others.

This whole thing is just too confusign to be comfortable with... I'm especially concerned about this one:

http://www.kptm.com/global/story.asp?s=9816275&ClientType=Printable
"In order to crack down on online sites such as Craigslist and Ebay, the CPSC says, they are currently working with an internet surveillance team to watch over the online marketplaces."

Even though it was written regarding thrift type stuff, and I imagine they're combing the internet more for known lead-containing toys atm... it still makes me nervous. Bleh.

[StoryBlox]

Quick question, the way you guys read the definition of paint, does stain qualify as a paint?

I don't think it does, it says paint is something liquid that forms a solid coating atop the material - anything that becomes part of the substrate doesn't count - I think stain falls in the same category as dyes and the like, right?

[SkyviewClay]

I would think so StoryBlox. :)

[bobsandbits]

stain seems more like dye to me. are dyes exempt?

[SkyviewClay]

Yep, I was just reading that.

[bobsandbits]

i only have one stained item, but good to know i don't need to research stain too! spent loads of time yesterday trying to find a "green" clear sealer.

[Former_Member]

I am curious, is this about paint on toys or any item that is painted?

Does inks, dyes, crayons, markers, color pencils, water colors or craft paints also count fall under this 3rd party ruling?

Examples: making greeting/birthday cards or painting faces on cloth dolls?

[Former_Member]

How about drawing with regular pencils, chalk, food coloring, dyes made food or flowers.

Is beeswax exempt? I can use bees wax as a sealer without testing?

There are so many kinds of paint and dyes and items to color with, it seems impossible to know what is exempted and what is not....

[Former_Member]

StoryBlox -
yes, USA paint is already tested, by law. The maker of the paint must label the paint with the information. If it is non toxic you can rely on that, but if you buy paint from somewhere else you need first know if it has lead and then it must be tested on the product because if the paint itself has a certain amount of lead that is then figured in the weight of the product.

So long story short if you use USA products you are golden!

[SkyviewClay]

wooooohooooo!!!

[LeilasLoft]

theenchantedcupboard said:
StoryBlox -
yes, USA paint is already tested, by law. The maker of the paint must label the paint with the information. If it is non toxic you can rely on that, but if you buy paint from somewhere else you need first know if it has lead and then it must be tested on the product because if the paint itself has a certain amount of lead that is then figured in the weight of the product.


So long story short if you use USA products you are golden!

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I hope that's true!!