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 :)

[MyRosabella]

thanks for the links ... better go do some reading!

[curlyQdesign]

marking

[Former_Member]

Thank you so much for this great information! I was really getting overwhelmed and confused and having all of this info in one place was amazingly helpful!!

[Former_Member]

Thank you so much for this post! There's so much info to try and absorb.

[Former_Member]

Marking

[bittybambu]

Finally got around to reading all of the posts. What are great wealth of information thank you so much. Here's to bringing it back up to the top!

[Former_Member]

Thank you so much for the information on this myblessedbaby.

[Former_Member]

Sorry...but what does DOM that you must put on the labels stand for...Thanks

[hobwicki]

Date of Manufacture

[thetokicafe]

marking

[Former_Member]

Aarrggh! I am just in the process of opening my little esty shop selling, I'd hoped, children's pajamas. My hope was that as long as I simply stated "Fabric is NOT flame-retardant" I would be "safe". After reading most of this thread and the links, I am completely overwhelmed and discouraged.

It seems to me that all this legal stuff will keep crafters away from creating children's clothing, while the gigantic manufactureres will continue to churn out mind-numbing, cheesy and chemically soaked products. Is there any way around this?

My question is this: What, specifically, do I need to do to be able to sell my cotton (non-flame retardant) clothing/pajamas without risk of law-suit or having the CPSIA police come to my door?

I'd appreciate any/all info.

[Former_Member]

First you may have a problem with the CPSC in general since there are very specific regulations dealing with items described as sleepwear and lounge wear for children. Start reading here http://search.cpsc.gov/query.html?qt=standards+sleepwear&charset=iso-8859-1&col=pubweb and http://search.cpsc.gov/query.html?qt=standards+loungewear&charset=iso-8859-1&col=pubweb .

As for the CPSIA itself most, but not all, fabrics and threads are exempt from lead testing and as long as the elastic is fully enclosed by the outer fabric you probably will not need lead testing certificates. For the phthalates testing that will pertain to certain sizes that the government feels are appropiate for a child 3 and under that aid in the sleep, feeding or care of that child. The tags may be your biggest hurdle since you will have to comform to both the FTC's regulations about care and content and the CPSIA's tracking labels. The labels must be just as compliant as the piece of clothing since they are required to be a permanant part of the final product.
Just remember there has been no official response from either the CPSIA or the FTC if you can combine the 2 separate agencies required labels and still be compliant to the two separate laws.
The FTC is in charge of what items require a care and content labels. FTC Labeling requirements can be read about here
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm#covered and http://www.ftc.gov/bcp/edu/pubs/business/textile/bus50.shtm
The CPSC is in charge of overseeing the tracking labels for recall purposes on all childrens items. More info on tracking labels at these 2 links
http://www.cpsc.gov/about/cpsia/sect103policy.pdf
CPSIA's FAQ page
http://www.cpsc.gov/about/cpsia/sect103.html#103q8

Remember since the labels are part of the finished product the raw materials they are made from are subject to the same testing requirements for lead and for certain product categories for phthalates as well. If the labels are ink set or fray checked with a process or chemical other than by simple heating then you have to test the entire finished product the label is on even if everything else on the product is made with exempt materials. For now a GCC or COC from the label manufacturer is enough to show a "good faith effort" in compliancy for the testing. Right now the only approved type of ink on the exemption list is CMYK inks for ink jets printers which is for most part water soluable and does require some sort of ink bleed setting. The CPSIA has said they will not exempt screen print and iron on transfers but will accept test results from the component manufacturer.

[Former_Member]

Ok, what's a "GCC or COC"??

If I am using fabrics from manufacturers that are CPSIA compliant, what else do I need to do?

Thank you so much; I've read the links (most of them) but it still isn't clear to me how those regulations apply to a craftsperson making one-of-a-kind items (as opposed to mass-produced.) Do I really need to put the DOM on each item I make??

[NotMyTreeStore]

I've read some really good, helpful information on these boards. That being said, I've also read a lot of misinformation, not to mention posts that fan the flames of uncertainty and panic. The CPSC website is a good go-to source regarding rules and regulations, and the information there is coming right from the people making the law. Or, in this case, staying the enforcement. That's where I'd check.

[Former_Member]

GCC = General Cerificate of Compliancy
COC = Certificate of Comformity
A GCC is what every one that makes a childs item has to fill out, and have at the ready for the CPSC to inspect in regards to manufacturing process. In it you are basically like an affidavit stating that you are following all the laws and regulation concerning the manufacture of the products that you make including that you have all proper testing done or the test results on file for your products.
A COC is less formal, it basically a declaration of what product specific laws or regulations you are supposed to follow or a legal reasoning as to why you have not a certain requirement.
Both the CPSC regulations and the CPSIA laws makes no demarcation or provisions for the size of the company making the item, if you are going to make a productand sell it then you have to follow whatever guidelines or laws the CPSC has been handed about that item. So with sleep and lounge wear if they say the items must be made with flame resistant material if your going to sell something and call it PJs then even if all you make is one piece then you still have to follow the regulations. Additional if the item is for a child under 13 then you must also follow the CPSIA in regards to testing or having test certificates for non exempt raw materials in a finished item as well as the permanant tracking label. Since the item is made from fabric there is a second government agency that also has regulations concerning the care and content labeling. The FTC has had these label laws since the 70s, again to them it makes no difference how big or small the company producting the items are, and if you don't follow the regulation then you open yourself upto the fines they can impose.

[FayeMaloneDesigns]

DoReMiHandmade says:
Ok, what's a "GCC or COC"??

If I am using fabrics from manufacturers that are CPSIA compliant, what else do I need to do?

Thank you so much; I've read the links (most of them) but it still isn't clear to me how those regulations apply to a craftsperson making one-of-a-kind items (as opposed to mass-produced.) Do I really need to put the DOM on each item I make??

The cpsc considers anyone who makes even one of a product, or adding bows to a barrette, an applique to a premade purchased t-shirt as a manufacturer. The ruling even applies to someone who knits blankies for hospitals, and other charities. All of the laws apply to us the same as the big guys. (well not exactly, they give the big guys exceptions)

[Former_Member]

Wow. That could seriously undermine the entire craft world. And yet other parts of the world who shall remain nameless can ship boat-loads of cheap chemical-laden goods over for our children to wear and play with and drink out of and chew on.

Sigh.

Thanks so much for the information and advice.

[Former_Member]

DoReMiHandmade says:
My question is this: What, specifically, do I need to do to be able to sell my cotton (non-flame retardant) clothing/pajamas without risk of law-suit or having the CPSIA police come to my door?

...And yet other parts of the world who shall remain nameless can ship boat-loads of cheap chemical-laden goods over for our children to wear and play with and drink out of and chew on.
.......

ooh...I bet it seemed like such a simple question...
Sorry, but since you brought it up- I've grown a bit weary of all the "other parts of the world who shall remain nameless" bashing that goes on here, especially from sellers expressing their own desire to personally sell a children's product that violates U.S. safety laws. I don't understand how they're so certain of what goes on in foreign countries and yet so clueless about their own responsibilities.

There's nothing you can do to be able to sell non-flame retardant clothing/pajamas without risk of lawsuit. It's illegal. (Has been for ages, long before CPSIA.) Some fabrics are naturally flame-resistant (without being chemical-laden) and are exempt from flammability testing, but cotton is not one of them.

The vast majority of products made in other parts of the world are shipped here by the boat-loads for American companies that import them after they are made to that company's specifications by factories they have contracts with. The importing companies are the ones responsible for adhering to the law, and mostly, they know what they're doing and what the rules are. Rules like this:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title16/16cfr1610_main_02.tpl

I'm not a parent, but I'd be surprised if there's a big market out there for flammable children's pajamas. I certainly hope not, anyway. Why do you want to sell them?

[alwaysdaddysgirl]

So I have read the whole blog and I think I understand please correct if I am wrong. It looks like I will be doing more work before opening my store.

CPSIAis required if there is a chance 12 and under will use it.
Name
Email
Location
DOM

All other clothing items must have a care tag with the exception of purses, hats and socks.
Name (email)
Made in
Fabric contract
care instruction

Can someone please let me know if I have interpreted this correctly. If I have then I hope I have made it clearer for some others. I have spent over 5 hours today trying to figure this out today.

Please, please, please let it be right!

[Former_Member]

Thank you. I've been looking for locations that will provide the testing and finding it difficult to locate. Really appreciate the share.

[Former_Member]

Amyblandford says:
"I'm not a parent, but I'd be surprised if there's a big market out there for flammable children's pajamas. I certainly hope not, anyway. Why do you want to sell them?"

I don't WANT to sell flammable clothing. I want to be able to create and sell (and purchase from other independent craftspeople) NATURAL FIBER clothing that is unique, handcrafted and not sold in big-box stores with Disney's logo all over it.

Obviously, laws that protect children are crucial, but frankly, I see the box-stores and mass-producers getting away with not adhering to the laws, while small businesses and independent craftspeople are terrified of of being prosecuted if we aren't completely clear on what is required of us. I want to be clear on my responsibilities, which is why I asked the questions I did.

I have every intention of adhering to the law; as a parent nothing would horrify me more than if something happened to a child because of neglegence on my part.

As for the "bashing", well, this IS a forum and website devoted to people who, for the most part, think outside the box (stores) and want to spend our money on quality items made by other craftspeople.

[Former_Member]

marking.

[Former_Member]

@amyblandford - I just wanted to thank you for your knowledgeable posts. Every time I read one of your posts I learn something new and I really appreciate your comments.

[Former_Member]

sigh of relief! thanks for this info - I was questioning my labeling this morning and what might need to be tested, but it looks like I'm doing okay.

so thankful for others who know what they're talking about!

[CreektreeClay]

Amyblandford says:
"I'm not a parent, but I'd be surprised if there's a big market out there for flammable children's pajamas. I certainly hope not, anyway. Why do you want to sell them?"

I'm a parent and I do not want to buy clothing/pajamas for my children that have been treated with chemicals to make them "flame resistant". If it's illegal, why do many children's pajamas have tags that say "this item is intended to be snug-fitting, it is not flame reistant"?