CPSIA-Question

[Former_Member]

I didn't think any of these regulations applied to children's clothing until I started reading some old threads here. I just googled, and read a bunch of facts about the new legislation, but absolutely nowhere do I see anything about clothing, or apparel that is made from fabric. Does anyone have any information about this?

[Former_Member]

For lots of information on apparel and the CPSIA, you should read the information on www.fashion-incubator.com There is some great information over there from industry experts.

[Former_Member]

thanks for the link, this is all very confusing, especially since it's generally aimed at non-apparel items

[Former_Member]

brittainroad ... here are some links to educate yourself about the law.

The Public Law 110-314 as known as the Consumer Product Safety Improvement Act of 2008, will affect more than just toys. As it is currently written it encompasses jewelry, clothing, room decor, SCHOOL SUPPLIES, EDUCATIONAL AIDS, art work, ART SUPPLIES, pillows, linens, furniture, so on & etc. if it is made for or looks like it's for someone 12 & under to use it will be subject to the certified testing. Even HAND-ME-DOWNS & vintage items as resales or trades, think flea market, swap meets, yard/ garage sales, eBay & Craigslist, will be subject to the testing.

Here are links for you & anyone else to read up on the law :
First see the 2 STORQUE articles, http://www.etsy.com/storque/craftivism/handmade-childrens-items-unintended-consequences-consumer-pr-...
&
http://www.etsy.com/storque/craftivism/cpsia-updates-and-calls-to-action-3157/

If you want to try to interpret the law yourself here are some of the government links :
A copy of the actual law as it stands today: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=fub l314.110.pdf

The original bill proposal : http://www.cpsc.gov/cpsia.pdf

The general CPSIA website : http://www.cpsc.gov/about/cpsia/cpsia.html

Standard Operating Procedure for Determining Total Lead : http://www.cpsc.gov/ABOUT/Cpsia/CPSC-CH-E1001-08.pdf

Original CPSIA FAQs with the definitions of what is considered to be a child's product (hint ever heard of the "court of public opinion"): http://www.cpsc.gov/about/cpsia/faq/faq.html#educational

Most recent updates to FAQs : http://www.cpsc.gov/about/cpsia/faq/newfaqs.pdf

How CSPIA effects existing inventory & by logical extension vintage, resale, & recycling of children's items :
http://www.cpsc.gov/library/foia/advisory/317.pdf
&
http://cpsc.gov/library/foia/advisory/322.pdf

List of product lines that the CPSC DOES NOT have Jurisdiction for. So if your type of products are not on the list & the CPSIA considers your products to appeal to or be made for children you will be required to test for at least lead.
http://www.cpsc.gov/businfo/notcpsc.html

List of accredited labs for testing
http://www.cpsc.gov/cgi-bin/labapplist.aspx
BTW only 18 of the 88 are in the USA all others are overseas, 15 in Europe and 55 in Asia. Also not all of the labs can test for total lead content, some only test for lead painted, others for small parts & durability, and a few can do the phthalates test. You have to click on the lab name, then on submit to see what that lab is certified by the CPSC to test and issue the certificate of compliance on.

The law has many gray areas including what is to be considered children's items. Here's a Q & A from 1 of the USA based CPSIA certified testing facilities http://www.strquality.com/www/strlab/industry_expertise/cpsia_faq_html , I realize that they make their profit from testing so they may only have answered in such a way to drum up more business. With that being said it is still one of the only offical sites (meaning it is an lab being accredited by the government to interpet the test requirements) that I've seen that answers some questions in a straight foward understandable manner to the public.

A small glimmer of hope for organic fabric (undyed), untreated wood (nonstained or coated), and other natural but unaltered material users :
http://www.cpsc.gov/library/foia/foia09/brief/leadprocedures.pdf
&
http://www.cpsc.gov/library/foia/foia09/brief/leadlimits.pdf

or try
http://thomas.loc.gov/
Then search:
H.R.4040
Consumer Product Safety Improvement Act of 2008 (Enrolled as Agreed to or Passed by Both House and Senate) ~ make sure you read all sections including the references at the end.

The law is ambiguous at best, so be prepared to consult a lawyer as to how this might impact on your business or your ability to buy handmade products for children.

After you have read all this, & consulted who you can MAKE YOUR VOICE HEARD on how you feel on the subject.

Here's a way to contact your representatives.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
&
https://writerep.house.gov/writerep/welcome.shtml

How to contact the CPSC with questions on the law including, "How does this does it pertain to my products?".
http://www.cpsc.gov/cgibin/newleg.aspx
Be as specific as possible in your questions, you will not recieve a personal reply, but the most often asked questions will be answered in 1 of the upcoming CPSIA's FAQs.

Contacting the SBA regarding any protections for small busineses, charities, and hobbists under the Regulatory and Flexibility Act http://www.archives.gov/federal-register/laws/regulatory-flexibility/, an earlier federal law that MIGHT serve as a legal loophole :
http://www.sba.gov/contactus/index.html

After you have contacted these offices with your questions I suggest you also post them at http://www.etsy.com/forums_thread.php?thread_id=5963148, a thread that is collecting questions at ETSY so any other members that hadn't thought of that particular set of questions might also ask them of their government officals and CPSIA.


These here are not government sites but they are trying their best to make sensible changes to the poorly written law.

An activism site trying to get Obama's ear on Inauguration Day on what their poll says are the top 10 issues right now :
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia . 1st round of voting ends tonight, second round opens for voting on Jan 5th.

A petition started by http://www.fashion-incubator.com/ is available at :
http://www.ipetitions.com/petition/economicimpactsofCPSIA/

NAM's petition to the CPSIA to reconsider the wording and materials covered by the law:
http://www.toyassociation.org/AM/PDFs/Safety/CPSCPetition1208.pdf . There is a couple of blogs saying if you agree with this letter that you print it, write a cover letter stating you agree with it, and send it to your represenatives and to the CPSC / CPSIA offices before the vote due on Jan 5th.

Blogs for toy makers :
http://www.handmadetoyalliance.org/
http://grecowoodcrafting.wordpress.com/
http://www.challengeandfun.typepad.com/

Blogs for children's clothing, doll clothes, hair bows, and accessory makers :
http://www.fashion-incubator.com
http://www.apparelandfootwear.org/LegislativeTradeNews/ChildrensClothingRegulations.asp

Blogs and groups for anyone interested in this issue :
http://cpsia-central.ning.com/
http://nationalbankruptcyday.com/
http://www.etsy.com/forums_thread.php?thread_id=5935443

There's lot more blogs, news stories, and groups out there following and DOING what they can to get the CPSIA and government to revisit the law and make it so small businesses can flourish in harmony with the lead limits and other restrictions.
I know that I probably missed some groups but the ones above are the ones that I've been actively visiting. Just pick your favorite social site, blog posting host , video viewing site, etc. and type in CPSIA into the search box and just wait to get overwhemled by the number of hits you get for the search.

[Former_Member]

The legislation talks about ALL items intended for children under 12. That includes clothing.

[Former_Member]

wow! thanks so much, that's incredibly helpful

[Former_Member]

You're welcome. There is a link on fashion incubator to an article from California Apparel News... it covers the CPSIA and the effects on children's apparel manufacturers:

http://www.apparelnews.net/news/manufacturing/Upcoming-CPSC-Deadline-Vexes-Childrenswear-Manufacture...

[Former_Member]

It also covers books. Is our children learning? Not under CPSIA regs!

Here's a blog post on the book burning that will hit on February 10th. (it's mine, just under my real name)
http://bookshopblog.com/2009/01/04/book-burning-on-feb-10th-2009-due-to-cpsia/

[Former_Member]

What about diaper bags?

[Former_Member]

Wow, this law is just SO poorly planned. The book thing is ridiculous.

[Former_Member]

littlepinkposies ... Excellent article to point out. Everyone please make sure you read all three pages of the artcle.
On page two Wortman comments on inventory having to be "burned" some people that never worked for a national chain may not realize that means to take an item and destroy it in a manner that no components is usable condition rather than an actual fire to destroy the merchandise.

[Former_Member]

Burning just happens to be most convenient way of doing it with many items.

The amount of stuff going into landfills will be astronomical.

[ManicManx]

Its seems a poor choice of resources. Its mass produced imports that seem to be the problem.

[Former_Member]

Does anybody know if this includes children's artwork (ie stretched canvas giclee or framed art prints)?

I tried to read the law, it noted items children would come in contact with ie crib, furniture, toys, binkies. Perhaps items that a child may put in their mouth? Art just hangs on the wall, when would a child pull it down from the wall and start playing, touching it or chewing on art? If the law does apply to art I don't understand why.

This is so confusing.... Just when I thought my business was finally up and running and turning a small profit this happens. Testing and regulations will most likely put me out of business.

Beckie

[Former_Member]

Beckie I believe it does. You could always market whatever as a livingroom piece!:)

[Former_Member]

Yes, children's artwork IS currently included. The part about things going in the mouth, cribs, etc applies only to the pthalates testing. Lead applies to EVERYTHING regardless of how it is used.

Bizarrely children's ART is included, but picture frames for said art are not.

What a giant clusterfuck. Nobody has any sense in Washington.

[Former_Member]

I also found this on line with respect to clothing.

http://www.youtube.com/user/handcraftivist

http://www.kidstodayonline.com/blog/1800000380/post/1320038732.html

[Former_Member]

I just looked at the paint I used it's labeled non toxic with a seal and the bottle contents does not mention anything about lead. Because there product is tested does that count for my product? Certainly the canvas does not contain any lead and the wood frame does not contain as lead. I guess I would still have to look at the staples?

This is what happens when people seek justice for a horrible accident. An accident none of us are at fault for.

[Former_Member]

Yeah -

I found my answer, this should put some of us at ease.

http://www.cpsc.gov/about/cpsia/faq/101faq.html#exclusions

What furniture articles are exempt under CPSC regulations? Do the lead paint limits apply to furniture whether or not the furniture is intended for children?
16 C.F.R. § 1303.1 provides that the lead paint limits apply to toys and other articles intended for use by children, as well as furniture articles for consumer use that bear lead-containing paint. Furniture articles include, but are not limited to beds, bookcases, chairs, chests, tables, dressers, desks, pianos, console televisions, and sofas. However, they do not include appliances such as ranges, refrigerators, dishwashers, clothes washers and dryers, air conditioners, humidifiers and dehumidifiers; fixtures such as bathroom fixtures, built-in cabinets, chandeliers, windows, and doors; or household items such as window shades, venetian blinds, or wall hangings and draperies.


so looks like... wall hangings are not included

[Former_Member]

Becki,

I contacted my congressman's office questioning my artwork. Yes, it must be tested regardless of what it says in the FAQS. (I specifically pointed that out.) It has been verbally changed since written. I hate to tell you this, but painted items are a huge concern...(thank you Thomas the Train)...eventhough the paints we use are non-toxic. Each color must be tested, assuming the work is not destroyed in the process. It's ridiculous!

Becky :)

[tadpolecreations]

I am wondering if even the politician do not have a thorough understanding of the law as evidenced by who you spoke to in the congressman's office.

Art is not something that would be expected to be within reach of a child.

"However, they do not include appliances such as ranges, refrigerators, dishwashers, clothes washers and dryers, air conditioners, humidifiers and dehumidifiers; fixtures such as bathroom fixtures, built-in cabinets, chandeliers, windows, and doors; or household items such as window shades, venetian blinds, or wall hangings and draperies."

so looks like... wall hangings are not included

My spouse is an attorney and read throught the law and came up with the same understanding that wall art would not likely be covered as long as it was an item that would not typically be expected to be in the reach of a child.

However, you should take a close look at the materials you use and add disclaimers with your art.

[Former_Member]

Sounds good Tad Pole Creations:)

I will re-read the law too! I have to attorney friends coming over for dinner tomorrow. I am going to have them read it as well. It seems like those in congress are just throwing up blanket statements to cover their you know what.

[tadpolecreations]

oh my gosh, make them work for their dinner.
Too funny!

[Former_Member]

I hadn't been following this bill, and I don't make/sell things for children, but please correct me if I'm wrong:

We import cheap toxic crap from China that poisons our kids

American entrepreneurs start hand-made movement featuring healthy, organic, non-toxic consumer items for kids

Congress decides they must protective our kids from chinese toxic crap and pass law which requires costly "testing" of child-products

All-encompassing bill is passed and signed into law

American entrepreneur artists/crafters of natural, organic and non-toxic items fall under this new law

Corporate makers-of-chinese toxic crap find loopholes in new law and continue to make toxic crap

American entrepeneur artisans/crafters of natural, organic and non-toxic consumer-products for children can't afford loopholes or cost of testing, go out of business

Does this sound about right??