Custom products, made to order, personalized...

[Former_Member]

One aspect I've not seen mentioned on here, or that I've missed, is the fact that custom products, under the current legislation, will cease to exist. Since there is not a "batch" to test for a custom product, it cannot be tested this way without testing every single item after it is ordered.

Custom items, personalized items, custom hair bows, etc all fall under this. This is a problem too with the upcoming labeling. How am I supposed to provide a unique bar code for each bow, when some have not ever been manufactured until the customer enters their preferences, clip type, colors, embellishments, size...

I have been mentioning this in my letters, and think it is a valid point to bring up if it pertains to you as well.

Some of you might be wondering why I am on here, since I don't actually sell on etsy, but we are in this fight together and I hope you don't mind my joining in on the discussion!

Regards,
Kelly Rankin

[Former_Member]

Thanks Kelly. You make a good point. I was thinking the same thing since alot of what I make comes from custom orders. I also read (but have not officially confirmed) that the item sent for testing is destroyed during the testing process. Does anyone know if this is true?

[MooreMagnets]

At one time it was mentioned that a one of a kind exemption was talked about - but I haven't heard anything since then.

Oh- and everyone is welcome here!

[germandolls]

I thought items made to order were different anyways. You enter into a contract with a customer and could add all the disclaimers you want. One of Kind Product. Not for children under 12..etc...

[Former_Member]

I have a similar thought... What about art that could be just fine in a 12 year old and up's room... If I'm not planning on doing any testing - do I need to write in the description (Only for ages 12 and up)? Do I have to inquire as to the age of the recipient??

Would if I'm doing a custom item that could be an adult/teen thing (I'm thinking specifically of my decorative letters - they have been purchased for living rooms and for nurseries) - do I have to tell the customer that this cannot be used by 12 and under children??

So lost...

April

[Former_Member]

This is why I get confused. I haven't read anywhere that OOAK items are exempt. My laptop is basically smoking, I've been on it for so long the last couple of weeks and yet I have not read that. Where is the information about OOAK?

[Former_Member]

It's a very good point -- how many larger companies do these one of a kind, personalized items? I wonder how they're going to test those "batches," or whether they'll do extra component testing on top of the batch testing for the embroidery thread.

[Former_Member]

So help me out here... Let's say I have a ready made decorative letter that is kinda girly - but in no way JUST for baby girls... Do I have to label it as only for ages 12 and up?

[MooreMagnets]

one of a kind are not exempt

it was talked about but nothing new has come about

[Former_Member]

Ok, so I am not losing my mind. Thanks MooreMagnets for clarifying!

[Former_Member]

Moore Magnets...Not exempt from testing - I understand that but I'm not planning on testing... Does that mean I just can't sell it if it has a chance that its recipient will be younger than 12?

[Former_Member]

I'm in the same position as the OP. This is my question as well. My items are almost ALL custom or made to order, and one of a kind.
Even if the average person like me could afford to do the testing on each item...I understood that the item is actually destroyed during the testing. So, do i have to make 2 of everything? 1 to complete the testing and a carbon copy of it for sale?

And for some that have rented the guns to test themselves? I've been told that it shouldn't be done by someone who is pregnant. Well, if the rays the gun gives off would effect an unborn child...what kind of long term effects would it have on the individual who had to use the gun to test every product and every embellishment?
The whole thing is unreal to think about.
I'm still not giving up though. My items for babies and children is the bulk of my business...and without the income from my shop...half our bills could not be paid. I guess the government wants my house too. As if they don't own enough already.

[knitwit4ever]

I also read that the required testing, at least after August 2009, is "digestive", meaning that it consumes at least parts of the material being tested.

I knit one-of-kind things, so if I understand the current law it means:

I knit; I test; the test digests the item and proves it lead-free. I can now issue certification for an item that I no longer have to sell.

So asinine that it would be funny, if it weren't so sad.

[MooreMagnets]

needle - I have no idea - I have been wondering the same thing

Conceivably I can remove my kids stuff from my store - but if someone asks me to make a childlike one after feb 10th and I technically supposed to do that? I have nooooo clue - this whole thing is insane!

[Former_Member]

I mentioned the idea of selling our services and supplies in separate listings for custom handmade items. Wouldn't this keep us from having to test the final product. I think we can get our suppliers to provide us with their lead test. Do you think this would work or am I grasping at straws?

[Former_Member]

knitwit4ever says:
I knit; I test; the test digests the item and proves it lead-free. I can now issue certification for an item that I no longer have to sell.

So asinine that it would be funny, if it weren't so sad.
*************

word

[Former_Member]

Ok everyone, Here is a link to the ACTUAL law with all the amendments. http://www.cpsc.gov/cpsia.pdf

[pinkquartzminerals]

am I reading this right? You can apply for an "undue hardship" exemption?

[Former_Member]

Yes. If the law is not amended, custom-made/personalized items made for children under 12 will cease to be legal. Unless someone wants to wait months and pay hundreds of dollars for it. I've thought about it because almost all of my dolls are made to order and every one is made to buyer specifications. There is no way for me to continue once the third party testing requirement goes into place.

The only way those of us who make custom or personalized children's items will be able to continue is (1) an all-out exemption for handmade or small business, (2) allowing component testing (paired with provisions that allow us to rely on supplier testing so our shops continue to be financially viable). There's no other way around it that I can see. :(

[Former_Member]

Littlepinkposies I think your right. Still hoping that they will amend the law. Read that Forbes mag. suggested the entire law be scraped and start fresh. Can you do that to a law?

[Former_Member]

Absolutely - Congress has the ability to repeal a law and start over. I wouldn't say that it happens often, but it is a possibility.

[Former_Member]

Labeling does not remove the requirement to test...just because you say its not for 12 years or younger doesn't make it so.

Welcome, Bitty.

[Former_Member]

I make custom order kimonos. I hope this law will be repealed with good result soon.

[Former_Member]

I haven't bothered to list any more of my handstitched teddy bears or puzzle balls until I figure out where I fit into all this. I do a lot of custom orders, too, so a OOAK exeption would help.

Seems to me there's enough confusion and ambiguity about all this that they should scrap it all and start over with crafters like us in mind from the beginning instead of having to make changes now.