3rd party testing already required for painted products?

[LeilasLoft]

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 took my shop down today after I read that document. I had poured over all the laws and was sure that I didn't need to 3rd party certify any of my wooden painted toys until August - that in the worst scenario I only needed to self-certify until August.

After reading that I have no freaking clue again, and I'm just sick to my stomach over the whole thing.

Yesterday I was sure everything but my crayons was safe to have up today. Today, I'm sure my crayons are safe to have up but nothing else! I'm so sick of this crap, ARG!

[SkyviewClay]

Hi guys!!

That part still confuses me too. As well as this part...
children’s products that are painted are subject to both lead paint and lead content limits

what is the difference? does the lead content refer to non-paint components?

[StoryBlox]

yes there's a limit specifically for lead in the paint used ON the toy (because it can chip off and be eaten) and another limit specifically regarding ratio of mass to total lead in the toy -

I don't really understand why on that one, I suppose they're afraid some port kid is going to eat an entire bicycle or bite off the handle on their bucket of legos and end up ingesting too much lead or something... in any case, according to this latest info sheet it looks like the painted items have to certified, whereas the items that just may contain lead in their chemical formulas do not yet have to be certified.

Of course, there's a disclaimer on this stupid thing that they can change their interpretation at any time, and they've already said it about 15 different ways in the documents they put out so I don't have a freakin clue what to go on.

[StoryBlox]

Just FYI I just got the MSDS for all of the plaid paints I use, which includes everything in the "FolkArt Acrylic" series, everything in the "Gloss Enamel" series (item numbers in the 20600's) and everything in the 20200’s, 20400’s and 20500’s. I don't know if this makes any difference or not, of course.

They don't specifically mention lead or phthalates but do all say "As packaged for consumers, this product is certified in a toxicological evaluation by a medical expert to contain no materials in sufficient quantities to be toxic or injurious to humans, including children, or to cause acute or chronic health problems."

I'm assuming this means they're lead/phthalate free.

[bobsandbits]

I got this statement from Plaid about a month ago.

1/12/2009

The following is available on the plaidonline.com home page for all to see and print:



Made in the U.S.A., Plaid Paints Are Certified Safe & Non-Toxic by Independent, Board-Certified Toxicologist

Norcross, GA.Plaid® Enterprises' paints are certified non-toxic by the Art & Creative Materials Institute (ACMI), properly labeled according to federally-issued mandates and are proudly made in the U.S.A. at Plaid's manufacturing facility located outside of Atlanta, GA.
Recent news reports of lead paint in children's toys have raised concerns among parents in particular and many citizens in general. Plaid's Vice President of Technology Jim Stanley emphasized, "Plaid has always manufactured products with the highest degree of attention to consumer safety. Our products are continuously evaluated for hazardous ingredients such as lead. We promise to be diligent in providing safe products for our consumers."
In 1988, the U.S. Congress passed the Labeling of Hazardous Art Materials Act (LHAMA); enforcement began in 1989. LHAMA requires:
· All art materials must be evaluated by a toxicologist whose risk criteria are on file with the Consumer Product Safety Commission.
· Products must be labeled in compliance with the protocol of ASTM D-4236, a federal regulatory standard.
Beginning in the early 1980s, even before testing was required, Plaid has had its paint evaluated by a board-certified toxicologist; lead and other heavy metals are part of the evaluation process. In addition, there are no lead-containing chemicals used in Plaid's paint manufacturing plant.

Plaid has been a member of ACMI since 1986. Membership entitles Plaid to include the AP Seal on certified products. Products bearing the AP seal are considered non-toxic.

According to materials issued by the organization, "ACMI is a non-profit association of manufacturers of art, craft and other creative materials that sponsors a certification program to demonstrate conformance with the mandates of the U.S. LHAMA that requires labeling for possible health hazards and conformance with certain voluntary quality standards."
You can review ACMI's pamphlet, "What You Need to Know About the Safety of Art & Craft Materials," visit their website, www.acminet.org.

The following Plaid paint lines are certified non-toxic, carry the AP seal and ASTM conformance statement: Apple Barrel Colors®, Acrylic and Gloss; Fashion® Fabric Paint; all FolkArt® formulas including: HD, Enamels, Fabric (brush-on and dimensional), Acrylics, Outdoor (brush-on and dimensional) and Artists' Pigments; and Gallery Glass® Window ColorT.
Additional Plaid products that are certified non-toxic, carry the AP seal and ASTM statement include Mod Podge® (all formulas), Royal Coat® (all formulas), Stiffy®, Picture This® and Brush PlusT.

They specifically state there are no lead in their paints.

[Former_Member]

A real screwed up mess ain't it? I have a GCOC from minwax on the polyacrylic finish I use but I read the last thing from them the same way, if you use paint or any coating material, it has to be third party tested. Mamufacturers testing is not good enough I guess for the morons who wrote this law. Like you I thought I was covered, now I am trying to find a lab that will do just one or two items, since I use the same wood and the same finish in every toy, I am just going to test a couple of items. meanwhile since I use wood, I am going to go with unfinished which requires no testing.

[StoryBlox]

Yeah I already had that but I worried it wasn't enough with the whole phthalates mess - when I asked them specifically about phthalates their response was to send me a request for product numbers so they could send the MSDS sheets.

[Former_Member]

LeilasLoft

I think XRF testing will be ok a long as it it from a certified third party tester.

[Former_Member]

Leilasloft
answer to number 4 says no you don't need testing beacause it say to note that the manufactures are already testing
...wish we could copy and paste from that doc.

[Former_Member]

StoryBlox
I am seriously considering going to strictly unfinished and eliminate the multiple headaches of trying to read the minds of the idiots that wrote this travesty of a law. since I use all wood in my toy trucks and trains I won't have to worry about any of this other crap. I use the finish because it protects the wood and since I use mainly oak, the finish makes the toys look better but I don't think it is worth the hassle

[bobsandbits]

anybody know of any heavy duty non-toxic clear sealers? i just called minwax & was told their product is lead free but that they use "a small amount of pthalates!" grandpa john, are you listening?

[Former_Member]

Yep I am listening and I wondered about that. I think itis time for me to go to strictly unfinished raw and wood and to hell with all this garbage. 23 years of making high quality wooden toys with non-toxic finishes and now this. O well, I was planning of calling it quits in a couple of years anyway so I guess I can make it with the unfinished although I don't like it. Has anyone heard what the have to say about mineral oil/beeswax finishes? Nah I have tried that I rather go unfinished than fool with hand rubbing the oil/wax finish.

[Former_Member]

any product listed as non toxic as of today would not have pthalates in it. Stores should have removed that product from the shelf. There are other brands just don't have a list right now.

[StoryBlox]

theenchantedcupboard says:
Leilasloft
answer to number 4 says no you don't need testing beacause it say to note that the manufactures are already testing
...wish we could copy and paste from that doc.
____________________________________________

We ARE the manufacturers if we're making the toys, it doesn't matter that the ingredients are tested - the final product being sold is what counts. That sentence is a note for us that we must already be testing...

[bobsandbits]

so i guess i will be researching clear sealers. i think sherwin williams has a line that's more "environmentally friendly." i don't blame you, grandpa john, for not wanting to fool with this. unfortunately, i have to seal my painted products or they would be quickly ruined.

[bobsandbits]

enchanted cupboard, they don't have to remove the product -- it's not marketed for children.

[SkyviewClay]

bobsandbits...Find out from the maunfacturer what type of phthalate is used. The new laws only apply to a few types:

What kind of products does the phthalates prohibition apply to?
Three phthalates, DEHP, DBP, and BBP, have been permanently prohibited by Congress in concentration of more than 0.1% in “children’s toys” or “child care articles.” A “children’s toy” means a product intended for a child 12 years of age or younger for use when playing, and a “child care article” means a product that a child 3 and younger would use for sleeping, feeding, sucking or teething.

Three additional phthalates, DINP, DIDP, and DnOP, have been prohibited pending further study and review by a group of outside experts and the Commission. This interim prohibition applies to child care articles or toys that can be placed in a child’s mouth or brought to the mouth and kept in the mouth so that it can be sucked or chewed that contains a concentration of more than 0.1% of the above phthalates.

[StoryBlox]

The stores don't know what's going on, most of them don't even know this law exists unless they're specifically geared towards selling kids' stuff.

Paint and finish manufacturers are producing paints for the general public (rather than specifically for children 12 and under) and as such do not even fall under this new legislation.

On the phthalates thing we just have to be sure we don't have any in the finishes we use, but don't have to test yet. On the paint I can't tell for sure but I think we were supposed to already have 3rd party certifications by the end of december (according to the CPSC's small bus document statmeents, which seem completely different than their FAQ on this).

As far as finishes, I had already switched to shellac (which is bug excretions + alcohol lol) for all of my children's toys. I'm certain there's no phthalates in it but I guess I'll have to check now - if worse came to worse I could buy the dried bug juice chips (lol I love how that sounds) and mix it with raw alcohol myself.

I didn't think to check on the wood stain I sometimes use. Ugh.

I'm glad you will be able to switch to unfinished products grandpa, but like bobs I can't - Alphabet blocks with no alphabet would be kinda pointless, and yoyo's with no finish would be ruined in a matter of days.

[bobsandbits]

good point, posh. maybe those pthalates are ok -- but i'm still going to search for one that's pthalate free just to be safe. ugh!

[SkyviewClay]

Actually...all paints will need to meet these requirements.

16 CFR part 1303 states that the liquid paint (e.g., a can of paint) must meet 600 ppm, I am curious as to how children’s products can meet 90 ppm unless the paint manufacturers lower the limit. Are the paint manufacturers required by law to meet 90 ppm?

Yes. Paint sold for consumer use must meet the 90 ppm limit by August 14, 2009 under 16 C.F.R. part 1303, which will be revised to reflect the 90 ppm lead limit specified in the CPSIA. The exemptions from the ban provided under 16 C.F.R. § 1303.3 continue to remain in effect.

[Former_Member]

a product in a craft store is marketed for kids and must comply, but if you are buying a product made for furniture, etc. then you are right they don't have to test.

StoryBlox -
I reread it and, I am not the maker of the paint and that is who they are speaking of when they say already testing for lead, lead has been outlawed in paint for a long time in the USA

[AlexJDesigns]

Straight from the horses mouth!!
Read on everyone... And pay attention to the part with all the dates. And the part about if an item is considered 'for all ages'. Anyone can wear a bow, right?

http://www.cpsc.gov/about/cpsia/smbus/sbguide.pdf

[SkyviewClay]

BanglesnBows, this is my favorite part...

If a product is intended for adults or for general use byconsumers of all ages, then it is not intended primarily for children.  Products marketed and priced in a manner 
that would not make them appropriate for use by a child 
would also not be intended pimarily for children.

I sell to all ages.
:)

[bobsandbits]

don't think that will fly for me. adults don't usually buy potty chairs & step stools for themselves. or do they??? : )