Doing research on the CPSC web site, I think that most children's clothing (except sleepwear) and soft toys (with no small parts that could be choked on) are excluded from mandatory testing - same as it's always been if you were a conscientious toy maker. Anything used for sleeping or feeding WILL require testing (bibs, pillowcases, etc). The new labeling requirements appear to apply to everything.
I'm still looking into it, but here are some of the links I've found:
http://www.cpsc.gov/ABOUT/Cpsia/faq/faq.htmlhttp://www.cpsc.gov/businfo/reg1.html (list of products that require testing - see Toys/Children's Products)
From the small parts regulation: (
http://www.cpsc.gov/businfo/regsumsmallparts.pdf)Are any toys and products exempt from the small parts regulations?
(1) Yes. Balloons, books and other articles made of paper, phonograph records, writing materials such as crayons, chalk, pencils and pens, modeling clay and similar products, and finger paints, watercolors and other paint sets are exempt because they cannot be manufactured in a way that would prevent them from breaking into small parts when subjected to use and abuse testing. Children’s clothing and accessories such as shoe lace holders and buttons, and grooming, feeding and hygiene products such as diaper pins and clips, barrettes, toothbrushes, drinking glasses, dishes and eating utensils are also exempt because they need to be small to perform their intended purpose.
On a side note, if you live in Mass, Ohio, Penn, or Maine, did you know these labeling requirements already exist?
http://www.cpsc.gov/businfo/stufftoysstate.pdf