Am I the only one that's just completely confused at this point?

[StoryBlox]

I thought I had my head around what was going on yesterday. With the new announcements today I'm completely lost again.

http://cpsia-central.ning.com/profiles/blogs/cpsc-votes-to-reject-nam
http://cpsia-central.ning.com/profiles/blogs/court-overturns-cpsc-advisory

1. Does the special requirements for "Lead Paint" apply only to toys that are painted with paint that contains some lead (i.e. are we testing lead-based paint to make sure that it's not got too much lead), or does it apply to any item with any paint on it?

It's been illegal for years now to sell paint in the US that doesn't conform to the older cpsc requirements, so if I'm manufacturing my product in the states I can't even GET paint with high levels of lead in it.

I sell toys that are painted (with upwards of 9 colors of paint!). I can show a certificate from the paint manufacturer that the paint was 3rd party tested (maybe not an "officially approved" test facility yet) and complies to the new law.
I can't tell at this point whether a) I'm required to still have 3rd party testing for my final products now, b) I'm not required to have 3rd party testing yet but will have to in August, or c) I'm not required to now, or August, but probably will at the end of the year if nothing else changes.

2. I sell custom toys. As in, the customer orders it, I make it, it's one of a kind, and I'll never make another. I make it with the same wood and paint I make everything else with, but am I actually expected to get that specific toy tested by a 3rd party before I send it to my customer?

3. Phthalates... how in the world am I supposed to test for phthalates? How am I supposed to know if the nylon or rayon cord I use contains phthalates? The manufacturers don't even know, and I don't think there's an official approved test process for it yet.

4. I recycled crayons. Art products have had strict regulations for years, all of the crayons I use are ASTM-D certified. I can't even THINK of a way to test every single cup of crayon wax I've sorted and melted down, let along testing every single crayon I pour. How on earth would they be tested? Do they have to be?

Furthermore, how the heck am I supposed to put a batch number on a crayon? I make a different batch for every 10 or so crayons, am I supposed to somehow create a batch number for each one? Is putting the date on the crayon box sufficient?

5. Do I have to shut down all manufacture/sale of my children's products come Tuesday? I have no idea at this point! Yesterday I was sure I was okay until the end of this year. I am certain my products contain no lead (even though I can't prove it with official testing yet), and I didn't think the phthalate thing was an issue yet. Today I simply have no idea.

6. The requirements for labelling are confusing me too... I thought at some point I saw a form for what had to be included but I can't find it now. I make blocks, is every block in a set supposed to be labeled with batch number/manufacturer/date, etc, or just the packaging? I can't even figure out for sure what pieces of information have to be there... or do they just have to be with the shipment? (I manufacture and retail)

Any comments would be appreciated.

[Former_Member]

I am just as confused as you.
These were on the cpsc website.
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09121.html
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09120.html

[Former_Member]

That being said I think that by wood material they mean unpainted and all natural
The Phthalate portion of the law, is the worst, because at this time, there is not even language as to what if any exemptions there are for fabric or wood.
I have no choice, at this time, as the law is written to continue selling my fabric crayon packs. Thank goodness my soaps are under the FDA.

[StoryBlox]

I still can't tell whether I have to have third party tests on my painted wood toys or not. In one place it says the testing is required for "painted children’s products" but in another it says "Toys/Children's Products
painted with lead or containing lead"

[Former_Member]

I know this is nuts, but I think you are also required to test for phthalates, because it is for a toy for a child under 12.

[StoryBlox]

The phthalates, while I am required to meet the limitations now, are not as huge an issue for me. There are no phthalates in wood products, and the CPSC is not going to enforce the 3rd party testing requirement for phthalates yet (best I can tell).

The only thing I have to be worried about there is the nylon string on my spin toys and the plastic bins I use to package blocks. I've stopped offering the plastic bins for now, and can switch to cotton or rayon cord if I have to.

They are, however, going to be (maybe already are?) enforcing the 3rd party testing with regards to the lead paint thing... so I need to know NOW whether that applies to me or not... arg.

[Former_Member]

I believe that phthalates is only for plastic items, like bathtub books or if you put a clear pocket on something. phthalates is the chemical that softens plastic to make it pliable

[StoryBlox]

I think nylon is a kind of plastic though? I'm not really sure, I'm not sure if rayon is either... nylon melts like plastic, and the fibers are very pliable, so I'm thinking nylon might be full of phthalates, but I don't know and haven't figured out a way to find out.

[StoryBlox]

oh, btw, this link might be useful to anyone who uses thread/yarn: http://www.cpsc.gov/about/cpsia/crafts.pdf

[Former_Member]

I am confused also! I'm just removing ALL my children's items Mon. night & I'm done w/that segment of my sewing. Not worth getting in trouble for. Especially w/the Gov.
Helene

[Former_Member]

Not from what I read and understand. There are no exception under the Phthalate portion of the law yet.
Except, those items that are not deemed a toy under their description for a child under 12, of a child care article for children under 3 such as a bib or baby quilt.
The exception for fabrics are only, as far as I can see, for lead.

[Former_Member]

The chances of them finding Phthalates in fabric is like looking for a needle in a haystack...nothing in this law makes any sense...it is maddening..

[Former_Member]

Just perhaps there is hope that clarifications within the Phthalate portion of the law will come next week. It hopefully will include some exemptions and more clarity.

[Former_Member]

Yup Humble Seamstress, I am taking out my childrens stock from consignment, from our local store, it is not worth the risk. I can always put them back in, but at least my soaps will be just fine.

[StoryBlox]

I wasn't talking about exceptions tickle, I was talking about the CPSC's decision to "stay enforcement" of the 3rd party testing requirements (because they don't have the money to do the enforcement!) for the next year.

http://www.cpsc.gov/businfo/frnotices/fr09/stayenforce.pdf

You can still be liable to civil judgements if your products turn out not to have complied, but they won't be hunting people down and charging them for not having the 3rd party testing. (Except the stay doesn't apply to the lead paint thing, which is why I'm panicking about that particular part)

[Former_Member]

The stay was overturned by the courts yesterday, the law goes into effect on Feb. 10th. There is no more stay.

[Former_Member]

How can they enforce something that one day is illegal and the next is not? I am confused to. Hope there will be legislation to clear these things up. I use garment leather and have been assured by several leather suppliers that it does not have lead in it nor phthalates. I am not sure what I will do. I have some one who is going to test my leather for lead, but do I need to test it for phthalates?

[StoryBlox]

No the stay wasn't overturned, "the NAM Petition, which would have actually delayed the standards from going into effect on 2/10" was rejected. The stay still stands.

[Former_Member]

Wave the white flag here, now I am the one utterly and totally confused...man is this nuts...thank goodness we have each other to try to make sense of things. It is like trying to make sense of NON-SENSE.

[Former_Member]

color me confuzzled as well. pretty much about the whole thing.

[Former_Member]

The stay that was overturned was on the phthalates levels, if I'm not mistaken. I'm not sure if I have the link, though (there is another thread that talks about the NRDC's suit, I believe).

Don't take my word for it, though; I'm just as confused as the next guy.

[StoryBlox]

The phthalates thing was indeed overturned, I dunno if it was considered a stay or not.

The 1-year stay that says they won't enforce 3rd party testing on most things is still in effect.

All products that fall under "intended for 12 and under" are required to MEET the new requirements for both lead and phthalates as of Tuesday, whether the CPSC is planning to go after anyone for not having 3rd party tests or not.

I can't find the information about self-certification that was out there before... if I remember correctly self-certification based on "reasonable testing procedures" is supposed to be sufficient for most things until August?

blah, I can't keep it all straight and I have like 2 days to figure out what the heck to do *pass the brownies*

[Former_Member]

StoryBlox, I'm in the same situation as you with the painted wood products. That's all I have in my shop.
I keep reading conflicting information about the paints.
I think that we will NOT be able to sell out products on the 10th. But, please someone tell me I'm wrong.

[Former_Member]

Of course we are all confused:)
The people who wrote this law, passed this law, and are supposed to enforce this law plus the groups that support it are confused ....that is why we are confused....They need to scrap this law, it is obvious there is no "fixing" it!

[Former_Member]

No testing is required as of Feb. 10th. If you're confident that the products you sell don't contain lead or phthalates it's ok for you to sell.