CPSIA Loopholes.....????

[Former_Member]

I've been trying to understand all of this....
Who's to say who the items are for?

1. There are a lot of adults who collect plushies? Can plush still be sold on etsy? As long as it states in the copy for adult use only..........

2. Can someone give me a shirt to paint on, then sell my services if I use "approved" paint????

This is so confusing.....

[Former_Member]

1. There are a lot of adults who collect plushies? Can plush still be sold on etsy? As long as it states in the copy for adult use only..........

If the plush is intended for adults, and marketed towards adults, it would probably be fine. :)

2. Can someone give me a shirt to paint on, then sell my services if I use "approved" paint????

No. You would have to test the paint. Even though it has already been tested. Nice, huh?

[Former_Member]

So far as I can tell, there are no loopholes.

1) If the CPSC deems the product useable for children under 12, the item needs to be tested. Disclaimers aren't acceptable under this law.

2) That one I don't know about. I had wondered the same thing. Of course, it's a moot point on Etsy as we aren't allowed to sell services here.

[Former_Member]

If the paint had a 'special seal' Like the USDA has, I'd STILL would need to have that shirt tested after I painted it from 'approved' paint?

[Former_Member]

2. Can someone give me a shirt to paint on, then sell my services if I use "approved" paint????

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I'm thinking just here where I live, not on etsy. I sell quite a bit in boutiques around town.....

[ZoBeDesigns]

cvoneschen says:
If the paint had a 'special seal' Like the USDA has, I'd STILL would need to have that shirt tested after I painted it from 'approved' paint?
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Yes, because they consider you to be the final manufacturer. Sucks, don't it.

What I want to know is when the furniture companies are going to start testing everything they put out according to the CPSIA standards. I don't know about your kids but mine use our couch everyday. They also sit on the stools that we have and they even, gasp, sleep in their beds.

[Former_Member]

......JUST don't get it......

[LaurieRyan]

that is why we need to work harder getting this stupid law reversed or repealed. write letters to everyone in DC

[Former_Member]

What confuses me about the section where it says something that could be used by someone under 12.

If that is the case and a disclaimer will not work, then basically everyone would have to close shop.

When my daughter was 5 she was a flower girl. We got her a very expensive pair of earrings to wear for the wedding. These were not marketed for children and were in an upscale adult boutique.

By that logic then, every jeweler here would have to close down.

[Former_Member]

I also thought about having people send me their own garments to dye. I wouldn't be a manufacturer at all, really, since the shirt is manufactured already and already owned by the person, so I wouldn't be selling it to them. They'd be paying me to decorate, same as someone would pay a decorator to decorate a room or house - they already own it, they're just improving it, or paying an expert to do it for them.

That would be my rationale. Such a "service" doesn't appear to me to be the same as "selling" or "manufacturing" the way I do now.

That said, I fully expect the CPSC to use the same common sense they are in requiring second-hand items to be certified before being sold, and applying the law retroactively. :P I'd want on OK in writing from them before I'd breathe easy about it - although dyeing other people's stuff I might be willing to consider.