EVERYTHING you need to know about the CPSIA

[#1]

Lots of folks are just discovering how the CPSIA affects them. This post is intended to help you find the info you need all in one place.

If you make any product intended for children ages 12 and under, you need to read this thread. In it you will find important links to give you information straight from the source, the CPSC.

First of all, you can go to the CPSC website and add yourself to their email list so that you will get all the updated information directly to your email. This is very helpful, as the CPSC issues new statements and guidelines quite often. You won't have to search for the answers because they come directly to your email!

Here's the CPSC website link to the info on the CPSIA
On the top left corner is a link to subscribe their email list.

http://www.cpsc.gov/about/cpsia/cpsia.html

Here's 3 links that should give you all the info current info you need.

CPSIA guidance for small businesses/crafters
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf

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

FAQ
http://www.cpsc.gov/about/cpsia/sect103.html#103q8


Please read these links before posting questions.
Be informed and happy crafting!

If you have other important links please feel free to add them :)

[Former_Member]

Thank you so much for posting these links. It cleared up alot of questions I had.

[Former_Member]

marking

[auntmartymadeit]

myblessedbaby, thnak you so much for this info!!

[Former_Member]

Dang, I've been avoiding dealing with this for so long. I get too confused with all this stuff.

I read through everything, and one question I have is does anyone know if Screen printing ink is covered in any way?

I hate this. I have enough trouble keeping my records straight for taxes!

[Former_Member]

sheriffpeanut, currently there is no exemption for screen printing inks. The only ink that has currently been placed on the exeemption list is CMYK inks which are commonly found in the cartridges for an ink jet printer. Though until Feb 10th 2010, a COC or GCC from the ink manufactuer may surfice as long as the CPSC does not consider screen print ink to fall into the category of paints. Unless things change with the testing requirerments, see http://www.cpsc.gov/library/foia/foia10/brief/producttesting.pdf for more on the discussion on testing, all items even ones made prior to but not sold by 2-10-2010 will need to goto testing unless they are made of entirely exempt materials.

The current overview of the "final" determination of raw materials for exepmtion and why certain raw materials and processes will not currently be exempted can be found here http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf

[Former_Member]

marking

[Former_Member]

Thanks for the info :)

[auntmartymadeit]

Thanks for the info.. marking for later

[Former_Member]

marking

[Former_Member]

Thanks for the info!

[TheWrapScrapPony]

Just adding in this new document.

Guidance on testing:

http://www.cpsc.gov/library/foia/foia10/brief/102testing.pdf

The first part is a bit confusing, but the Q & A starting on pg 13 lays it out pretty clearly. They are allowing us to do component testing and rely on our suppliers 3rd party testing as well. I think we can all stay in business!

[StymiepieStudios]

thanx, marking...

[Former_Member]

marking

[Former_Member]

I am so very confused, even after I have read through the links and this thread. One of my questions is, the stuff I am planning on putting in my shop is not intended for children per say, but a person might buy it for like a 9 or 10 year old at the youngest. Does that mean I have to test it even though I am not really intending it to be used by a child but can be?

[SewFunDollClothes]

head2toeboutique, yes, the law applies to all items for children 12 years and under. Even if you don't intend for it to be used as a child, if it's something that will appeal to a child, and likely to be purchased for a child, you are supposed to comply with all aspects of this law.

[Former_Member]

Please forgive me since all this seems so legalistic, I am having a hard time understanding it. Oh yea and thanks sewfundollclothes.

What is component testing and what is DOM? And let me see if I understand. If our suppliers are in compliance with the law then we are to? If I do craft shows, does this mean I need to carry some sort of certification that I am legal??

I know all these questions may annoy some, but I REALLY do not understand all this!!!! =)

[Former_Member]

Oh yeah one more question. My paint is water based acrylic paint. Doesn't that mean it does not contain lead and does my product still need to be tested? What if all my stuff does not contain lead and it specifies on the label of the stuff I use does that mean I still have to have it tested? If I do have to test, then would every single paing color need to be tested?

This is really getting to me, because I do not have enough money to put out for testing all my stuff wether its $4 or $4,000. Which is very discouraging considering I am just starting out. Not to mention I do not feel like my stuff is geared toward children(some of my items are picture frames, journals, recipe holders that can be used as a picture or note holder also), but yet an adult might buy it for a child. And if thats the case, then no product is exempt from testing, because anybody can buy something for a child no matter who its geared to(i.e. blanket that is not child themed and has buttons on it, a picture frame for a child to put in their room, a pocket knife, a purse or bag, and the list could go on).

[Former_Member]

marking

[UniquelyEwe]

marking

[Former_Member]

head2toeboutique
Unfortunately even if you have packaging from the paint manufacturer stating that their product conforms to ASTM regulations as non-toxic or lead free you still need to test now. Children's items with paint along with jewerly and certain newborn to toddler products need testing now, and where not included in the stay of testing. If the proposed draft for component testing goes though in late Jan / early Feb 2010 at that time you will be able to use a GCCs or COCs from the paint manufacturer, as long as the certificate is supported by an approved 3rd party lab. If the CPSC does allow this then we must keep records of which testing certificates went into the making of each final product.
As for proving to the government that your products are for adult use more so than for children they are going to look at several factors including how you market the product. A handpainted frame that simples says "great for children's pictures" will go through more scrutiny then one that expands it's description to something more like "prefect for displaying school pictures in your living room for your relatives to see". This type of marketing may not help you if a customer or consumer watchdog group decides your product is for children & reports it to the government, but it would help you to defend yourself that the item was intended primarily for adults as a general home decor item and not subject to CPSIA testing.


"III. Certification Based on Third-Party Testing of Children's Products
A. General Requirements for Initial Ce.rtification of Children's Products Prior to Introduction into Commerce
Section 102 ofthe CPSIA requires that children's products be tested by a CPSC recognized
third-party conformity assessment body before they are introduced into commerce. This requirement is already in force for lead in paint, small parts, cribs, pacifiers, and children's metal jewelry. All children's products to which the above regulations are applicable are already required to be tested for conformity by a CPSC recognized
third-party conformity assessment body.
Section 102(a)(2) ofthe CPSIA requires certification of children's products based on CPSC-recognized third-party conformity assessment body testing. Generally, this requirement goes into effect for products manufactured more than 90 days after the Commission publishes a notice of requirements pertaining to the accreditation oftesting laboratories to test for a particular standard. For example, the Commission published such a notice of requirements for testing to the lead paint ban of 16 CFR part 1303 on September 22,2008. The third-party testing requirement for lead paint became effective on December 22, 2008 for children's products manufactured on and after that date. If you manufacture a children's product bearing paint after that date you must have your children's product tested by a CPSC-recognized third-party conformity assessment body and then certify that thqt product complies to the lead paint standard. A list of all children's product safety rules potentially applicable to children's products is attached at Appendix B." ...
"D. Specific Laboratory Testing Practices with Regard to Component Part Testing
The Commission has received questions about certain specific laboratory techniques for testing and whether a manufacturer can use those techniques for certifying products for compliance with the lead content limits.
For example, certain children's products use tiny amounts of paint that requires CPSC-recognized third-party testing for lead. In such circumstances, many samples will have to be destroyed to collect enough paint chips to be able to test for conformity. The Commission is willing to accept certificates based on alternatives to final product testing in such circumstances so long as test methods are employed such that the test results accurately reflect the actual lead content of the paint as used on the product. Thus, it may be possible to use component testing to test the paint in this circumstance. The Commission will accept certificates based upon the paint manufacturer's test results so long as those tests have been conducted by a CPSC-recognized third-party conformity assessment body. A manufacturer certifying on the basis on the paint manufacturer's test results should obtain a copy of the results of the testing and ensure that the paint used on the product is the same in all material respects to the paint tested by the CPSC-recognized third-party assessment body and, importantly, does not contain additives such as dryers that may change the lead content of the paint. Alternatively, the manufacturer could take a sample of the paint and submit it to a CPSC-recognized third-party conformity assessment body and obtain the results directly. Either way, the key to such a certification is an acknowledgement that control processes are in place to ensure that the only paint used on the product is paint that is identical to the paint tested in all material respects.
Manufacturers who chose to rely on certifications of the paint, and not the paint as applied to the product, should keep detailed records with regard to the paint purchases and lot and batch records linking paint purchases to particular factory run to guard against inadvertent use of paint that is not the same in all material respects. Likewise, they should perform some production testing to ensure the integrity of the manufacturing process, supply chain testing and possible contamination during manufacture or assembly. To minimize the expense and number of samples destroyed to generate a sufficient number of samples for testing, manufacturers may want to arrange to intentionally over apply the paint to a fixed number of samples as the product is being produced (a process known as "spray sampling"). Then, the "spray-samples" could be separated from production units and supplied to the CPSC recognized third-party conformity assessment body, where the more abundant paint application will render sufficient paint for analysis without the destruction of a large number of production products. Similarly, if a. stamp is used to apply the paint, designated samples could be repeatedly stamped during production, also creating special samples (created along side normal production units) for analysis. These techniques, using production tooling during the normal manufacturing process, will help minimize any known or unknown factors that would tend to make the testing samples different from normal production units.
In the case of multiple colors applied to a very small area such as eye details on a doll or multiple colored sprays to create realistic skin effects, the individual paints can be certified or a composite ofthe paints certified using knowledge of the volumes and masses of the paints used to appropriately limit the lead content of any one paint color." from a proposal draft n testing & certification at http://www.cpsc.gov/library/foia/foia10/brief/102testing.pdf

[Former_Member]

Thank you so much for sharing this invaluable information.
Pat-C:)

[Former_Member]

BOOKMARKING for later referal.

[CarolsJewelryOrchard]

nothing for children under 12 but I do make jewelry and thought I'd read when I have a moment. Thanks, Carol

[Former_Member]

Okay so what I understand is that since I sell alligator barrettes with appliques I can label them a choking hazard and be okay because it's an item not soley meant for children. I have teens and adults that wear them and In the first link it read like I don't need any testing done.

[Former_Member]

I have no idea though if I am right or not