Does CPSIA take effect in January

[Former_Member]

Hi I have been out of the loop for a while since the CPSIA Stay. I contacted a lady for product submission and she asked if my products have CPSIA certification. she said this will take effect in January. All of my items are made from textiles which I thought were exempt. Does anyone know it would be very hepful:)

[Former_Member]

I would also like more information, thanks!

[Former_Member]

The CPSIA as a law is in effect now, depending on your products though the need to have independant 3rd party government approve lab testing starts on Feb 10th 2010. The products that are excluded from this stay of testing, in other words items that need to go to the test facility right now, are any product that contains paint or pigments (excluding fabric dyes & CMYK ink), jewelry (unless comprised of 100% exempt materials), cribs, pacifiers, and a select list of baby to toddler care & safety products.

Depending on your products you may also need to read up on the FTC regulations concerning products made from fibers or fabric.
Labeling requirements
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm#covered

Here's some reading to get you started on understanding the CPSIA.
The main CPSC website
http://www.cpsc.gov/

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

CPSIA guidance for small businesses/crafters includes Table : B exempt from lead testing raw material list
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf

Tracking labels
http://www.cpsc.gov/about/cpsia/sect103policy.pdf

CPSIA's FAQ page
http://www.cpsc.gov/about/cpsia/sect103.html#103q8

The CPSC's age determination guideline http://www.cpsc.gov/BUSINFO/adg.pdf

A timeline from the CPSIA http://www.cpsc.gov/about/cpsia/rulemaking.pdf

Standard Operating Procedure for Determining Total Lead (Pb) in
Children’s Metal Products (Including Children’s Metal Jewelry) found at http://www.cpsc.gov/about/cpsia/CPSC-CH-E1001-08.pdf

Even non-metal components must be tested using destructive digestive testing read more here http://www.cpsc.gov/about/cpsia/CPSC-CH-E1002-08.pdf

Small Parts Regulations Summary http://www.cpsc.gov/BUSINFO/regsumsmallparts.pdf
Small Parts labeling
http://www.cpsc.gov/BUSINFO/label.pdf
Maybe some one else has a link to a plain english version of the small parts regulations, but these 2 links are the best I have.

[Former_Member]

marking to check back on later

[Former_Member]

I found this on the small business guide from CPSIA
Does anyone have any opinion to this? I know that textiles do not exceed so do I not need certificaiton to sell my items?

Question 14: I run a small shop that sells new and used clothes, jewelry, shoes and toys for children. Do I need to test the products I sell?
No, you are not required to test. However, retailers and resellers (including those who sell on auction Web sites) cannot knowingly sell children’s products that do not meet the requirements of the law. You can protect yourself by screening for violative products. But more importantly, as a business person, you do not want to be selling products that have the potential to cause harm to anyone, especially a child. Sellers should avoid products likely to have lead, phthalates, or do not meet mandatory toy standards (see Table C for a general guide to commonly sold goods).
Thanks!!

[Former_Member]

IMO after I took a quick look at your shop, the items that you have for the most part look to be made with 100% exempt materials. There were a few that looked as if there was metalic threads as part of the fabric design, unforntunately those would not be part of the exemption list along with any zippers, buttons, other other closures (except velcro & similar products). The only other question I could see is are your side ties under the length allowed by the CPSC in general.

As for your upcoming product summission I would print out the long form of the product exemption list, http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf , & contact that person again & to send them a copy with the materials you use highlight. Hopefully they will understand that since your products are made with exempted materials that unless they want to send the products to the lab themselves there will be no seperate certification for each product style. Your under no obligation as the manufacturer to do the 3rd party lab testing so as long as your products are made completely from 100% exempt raw materials. Though you are required to make sure your products are labeled correctly under both the FTC and the CPSIA.

[Former_Member]

stitching for later reference - fantastic list of links
Thanks

[FayeMaloneDesigns]

Gaiababy

Your side ties on the Kimono dresses are no problem, and the metalic look is also okay. It is probably rayon or polyester thread. No problem also with the lame binding on the one dress. Very cute little dresses!

I do see 2 problems though, "lounge pants" made of flannel are now considered sleepwear and must be made of that yucky flame retardent fabric. So..... Lounge pants are out of your vocabulary. Do not use that wording or suggest that they are for sleeping, relaxing, snoozing, and make sure you reword and state clearly, that the outfit is not intended for sleeping.

And 2- unless you "onesies" are made by Gerber, you may not use that term. If they are made by Gerber, then you can, but you should say that you use Gerber Onesies. It is their trademarked name, and they will come after you.

[Former_Member]

Thank you FayeMaloneDesigns
I did have a run in with Gerber and spoke with Gerber attorney but they said as long as they are Gerber Onesies I can use "Onesie" to describe. Thank you for the lounge pants info who wants to have their baby in flame retardent chems I have never bought anything for my own little ones made from this nasty stuff and would not want to buy fabric coated with it

Thank you jewelrydesignsbyme
that is an excellent idea about sending a list with exempt material and highlighting the materials I use:)

Thanks all for the help

[FayeMaloneDesigns]

Gaiababy, sounds like you have it covered. Jewelrydesignsbyme and I are twins seperated at birth..... Raised by 2 different mothers......Hahahah!