Another CPSIA Question!! @-@

[Former_Member]

Alright I have read everything I can find on this subject. My questions is this if the item has an age recommendation that states this item is not intended for children under the age of 12 then it is not required to be tested?

[EclecticPixie]

Bumping for you, I'm interested in knowing this as well.

[Former_Member]

That's about right, as fa as anyone can tell. This law as written ONLY applies to items made/marketed for kids 12 and under.

[Former_Member]

If the CPSC thinks your item is intended for children under 12, a disclaimer will not protect you. So, you can't list a blanket in baby colors in a small size and state that it isn't intended for children under 12 so you don't have to test it.

Items that could go either way like some jewelry, purses, dolls, etc might benefit from a disclaimer.

[Former_Member]

Not so fast! It really depends on the type of item. For example, if you make a toy, doll, stuffed animal or other item that by virtue of the type of item it is or category it is in that it could be misconstrued as a child's item you would still be required to meet the CPSC rules. If you made jewelry or an other item that by virtue of it's category seems adult, the CPSC would interpret that differently (unless your is marketing to kids--like Spongebob earrings for example). It does not matter if you add warnings stating something is for adult use or display only, you're rolling the dice and hoping you don't get busted by the CPSC if you make something in a child-like category.

[FayeMaloneDesigns]

Ya Ya is right.

[Former_Member]

There is a definition on what items intended for children means.

http://www.cpsc.gov/ABOUT/Cpsia/cpsialead.pdf

See pg 13

[MarciaPalmer]

Thanks for the link. I had intended to add my art dolls to my shop this year. I not sure now which ones I will add. I have some stuffed dolls that could be seen as appropriate for children. I have customers that do buy some of my dolls for their children, even though do not market them as such.

[Former_Member]

you can now make a label, They just changed the definition.
--------------------------------------------------
What is the definition of a children's product and how will the age cutoffs be determined?
A “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered:


A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.
Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.
Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.

[Former_Member]

theenchantedcupboard ... that's been the CPSIA's definition from the beginning. It's basicly saying (s)he said / they said with 50% of the decision going to the government. If you look up and read some of the earlier threads and OPs from Dec 2008 on this subject, when the CPSIA was still answering people 1 on 1, you will see that that have given conflicting answers. They have told 1 one crafter that her wooden letter wall decor she was exempt citing "• 16 CFR 1303 Excludes
o Appliances such as ranges, refrigerators,
and dishwashers
o Fixtures such as bathroom fixtures, built in
cabinets, chandeliers, windows and doors
o Household items such as window shades,
wall hangings and draperies"
but on another call to a differnet office at the CPSIA she was told that children's wall decor needs total lead testing because the children's item testing superceeds the other regulations. Another crafter was told that if the item looks like a doll or stuffed animal regardless if the item was for collectors not only would they need to test for lead but for small parts as a choking hazard simply because it COULD appeal to children.
So if the the agency enforcing this law has no concrete guidelines how are we supposed to know what is going to need testing.
I suggest continuing to contact the CPSIA at http://www.cpsc.gov/cgibin/newleg.aspx REQUESTING CLARIFICATION IN WRITTING OF EXACTLY WHAT THEY WILL CONSIDER A CHILD'S PRODUCT. What criteria is going to be the guiding principle that all of CPSIA personel follow or is it all going to be the personal determination of some faceless bureaucrat that changes daily or from person to person.
I sorry if this sounds like a downer, but just because

[Former_Member]

jewelrydesignsbyME
I believe this part has been revised:
A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.

[Former_Member]

theenchantedcupboard ... Nope that part was not revised still the same statement that I read back on Dec 3rd. Basically they are saying that they will weigh all 4 factors before THEY decide if your item is for children.

Exeprt from http://cpsc.gov/about/cpsia/faq/children.html (My comments are in parentheses)

A “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered:


A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable. (This is the first area that you can state you case that the item is or isn't for a child. Sure somethings can go either way like a pair of stud earrings or wall art, but the CPSIA is saying reasonable. What is their definition of reasonable?)

Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger. (This is the second area you can make your claim that the item is for teen and up use only, but you should avoid any term that associates back to children in your description. Unfortunaly the CPSIA does not give any guide to what words or terms that will be seen as red flags.)

Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. (Here's were the court of public opinion comes in, you and your loyal customers may have 1 opinion of what your product is intended for but someone that's not into your style of art or design may say that's a kiddie product.)

The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. (I've written to the CPSIA requesting that they include the link to the guidelines in the FAQs in several of my many emails, so far ignored. I've searched both the CPSC & the CPSIA sites looking for this guideline written in 2002 to see how they determine what falls into the children's categories or if the CPSIA has changed them in any way, no luck. It would be nice to know the exact criteria they will use for various product lines to determine how an item would fall into the realm of child's product.)