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]

justhatched says:
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"?
........

You're absolutely right! Thank you for reminding me- I shouldn't have just said they were illegal and not been more specific about it because there are exceptions. My apologies to DoReMiHandmade for assuming that her fabric would fall into that category!!! Like Dobby the House Elf I am smacking myself for giving out bad information.

I found a link to the CPSC page that's an overview on the Children's Sleepwear Regulations: http://www.cpsc.gov/businfo/regsumsleepwear.pdf
It starts like this:
To protect children from burns, these rules require that children’s sleepwear must be flame resistant and selfextinguish if a flame from a candle, match, lighter or a similar item causes it to catch fire. The rules cover all children’s sleepwear above size 9 months and up to size 14 and require that
(1) the fabric and garments must pass certain flammability tests; or
(2) be "tight fitting" as defined by specified dimensions.

Then it talks about where to find the requirements and how the tests should be performed & how you have to test the fabric and then test the prototypes before selling them. Explains how to make tight-fitting sleepwear (the actual Regulation is REALLY picky, w/all the exact dimensions. Which is interesting, 'cause kids GROW, it's not always going to fit them the same way, and the people dressing them aren't going to measure the space between their armpit and the sleeve. My mom usually bought things a size too big so I could wear them longer. Mom, how could you!)
It mentions the FTC labeling laws too. It's a summary, but a good place to start.

If you Google 16 CFR (that means Code of Federal Regulations) Part 1610 and 1615
mostly deal with clothing textiles. There are 3 different classes of flammability, 2 can be used for clothing and one can't.
16 CFR 1610 lists fabrics that are exempt from testing because they already know they will pass: acrylic, modacrylic, nylon, olefin, polyester, wool. (I had to look it up again- too much to remember!) So not a lot of natural to choose from unfortunately. Maybe there are non-chemical flame retardants? I don't know, that would be interesting to check into. It does seem a real shame to use all-natural and/or organic materials and still have to treat them with chemicals after they're woven.

I remember the first time we read through the testing procedure at work. Do what to the what now? They make everything sound so complex. Basically, you set something on fire and keep track of how long it takes for it to burn a certain amount. Am I weird to think it would be kind of fun to work in a testing facility, and get to try to destroy things all day? I wonder if people who do that have lower stress, it sounds therapeutic. :-) (probably not for real, too much math involved.)

[papernoodle]

Hello. I make pop-up wall art targeting young children. http://www.etsy.com/shop/papernoodle?section_id=6744295 These days, I'm finding out about this CPSIA issues. I agree that toy makers have heavy responsibility to make toys to be safe, but I have a question. If a buyer orders my item through CUSTOM REQUEST, which is one of Etsy's great featueres, do I have to still follow all the rules? The buyer has a right to ask me questions about my product, and I have obligation to tell him or her all the potential hazards from my product when it gets in child's hands. If the buyer and the toy maker work together to ensure the young toy user's safety, then I don't see why we who make children's items should be so concerned about the third party's rules. And of course, it's just my opinion. If I'm blinded by ignorance, please enlighten me. Thank you.

[Former_Member]

Thank you for posting the links. Very helpful.

[ampersandwitch]

marking

[Former_Member]

Yes, PaperNoodle, even if it is a custom request, you are still responsible for adhering to the CPSIA guidelines....

[Former_Member]

marking. I just posted some of my new findings in another thread.

[Former_Member]

marking!

[Former_Member]

thanx

[Former_Member]

It gets wearisome trying to get a handle on all this. Takes away from production time to read all this. I tried to find an attorney but seems like there aren't many of them familiar with the law either.

[Former_Member]

marking. thanks!

[papernoodle]

I need help. Please help me. I'm not arguing. I just need to make sense of all this. I've been told that my products attract babies, so whether I claim they are toys or not, I have to follow CPSIA guidelines. I know my items have hardware for hanging which is choking hazards. But I made my items to be hung on the wall, so that children can't reach for themselves. For babies to access my product, grown-ups should pick babies up. That means babies can't interact with my product without supervision.
Can somebody answer my question please? Why can companies like Lego, Marvel, or Hasbro produce their choking hazardous products that are clearly attractive to babies? Those Lego pieces, bits of Transformer toys, they look delicious! Is that because they put a warning label "not for children under 3yrs?" You don't isolate babies and their older siblings when they're playing with those toys. And everything happens in a split second, right? What about my warning signs? If I put a warning like "supervision required" or "keep out of reach of children," that doesn't mean anything? Why not? Big companies do it.

Uhhh... :) Thank you for reading.

[Former_Member]

papernoodle, all I can say is "Lego, Marvel, or Hasbro" all have leagues of laywers on retainer. It is the lawyers that advise them on what needs warning and how to word the warning to be acceptable under the law. These are the same lawyers that will defend or argue on the particular company's behalf if any thing of theirs ever comes under the scrutiny of a government agency or causes an injury that causes a customer brings civil suit. I'm sure there are several civil actions on these big companies every year that we never hear about just because they settle out of court and use gag orders. Personaly I know one person, that was in the middle of a law suit against a prepared food company for finding a rodent in a ready to consume product, that at least among friends originally very vocal about what happened but after consulting a lawyer about it was told not to talk about it anymore until the matter was settled. Nothing about the incident ever even appearred in the local newspaper or on the town's PBS style news channel. To this date the family refuses to say if the matter was ever settled but my family knows that both adults purchased new cars and made several expensive home improvements all around the same time.

[papernoodle]

huh...I can't afford that. So exhausting. Thank you for answering me, jewelrydesignsbyme. You've been a great help.

[Former_Member]

Ok, so at the risk of repeating what someone else has posted, can anyone help me?? Reading the official website and wading through 49 pages of posts is giving me a headache.

I wanted to start selling ribbon lined alligator clips, some with and some without embellishments, such as bows, some buttons or rhinestones, etc. Also have the nonslip grip inside.

I wanted maybe expand from there, into the decorated bottle caps (both on the hair clips and just separately so that people can buy and use them as they please, and maybe turning them into magnets etc).

Also, I crochet and have considered selling items I have crocheted as well.

Can anyone please explain what I need to do so I'm in compliance with the current laws?? I'm seriously debating even opening a store for all the headache it will cause over this! And again, sorry if this info has been previously posted.

[Former_Member]

Also, the crocheted items may be for children, and may not. Mostly blankets/afghans, and home decor items. Not really clothing.

[LiseWinne]

marking

[justByou]

Thank you for all the good info!

[Former_Member]

I am a Uk seller does anyone know how that effect me as far as teasting goes.

[Former_Member]

daniellemjscott says:
Also, the crocheted items may be for children, and may not. Mostly blankets/afghans, and home decor items. Not really clothing.
___________________________________________________________

If the products you are making does not contain paint or pigments, is preceived by the general public as being more for persons 13 and over, do not fit within the governments age guidelines for someone under 13, and no words or pictures are used in your listing and tags that could lead the average buyer to believe the item was for a child then you don't need to worry about the CPSIA. If the products you will be making contain paint or pigments, but are still aimed at those over 13 then you do not need to follow all of th CPSIA just the parts concerning the chemical levels found in th paint itself. As for products that are for children under 13 then reading pages about the CPSIA at the government website is the best thing to do since the law is so confusing and doubly so if there are other divisions of th CPSC or other government agentcies (like the FTC for fiber & fabric products) involved in the regulation of the products you are making.

[Former_Member]

james0812 says:
I am a Uk seller does anyone know how that effect me as far as teasting goes.
___________________________________________________________

Actually the testing, labeling, and paperwork is the importer's, in ETSY case the customer's, responsibility when they are purchasing items aready made from outside the USA. The big catch is US Customs can confiscate packages being sent to an USA address that do not already contain the proper certifications. So what could happen is that the package never arrives to the intended customer nor is it returned to you with no explainations you or them as to why.
With the way the law is written it's the importer's burden and expense to make sure the testing/ labeling is done before the item ever ships to them. Since ETSY does not allow for conditional listings all you could do is build into the shipping cost for USA only customers (who for the most part are clueless about this law) - the cost of USA appropriate labeling, lead &/or phthalate testing (the current domestic price is $75 - $150 per non-exempt component needing lead testing & $350 - $500 per spot needing phthalate testing), and the added time & exepense of doing the additional work. The law is currently allowing raw material supplier component test results to be used as in lieu of final product test result so you maybe able to save there, but it still takes time to find raw materials that already have the proper testing done prior to being distributed since many components in & of themselves are not meant to be used by child.

[ampersandwitch]

May have marked this before, but marking again just to be sure.

[Former_Member]

Marking! Thanks so much!

[Former_Member]

Couldn't open links they appear to be broken.
Darn..

[Former_Member]

Marking

[Former_Member]

I'd like to sell pony tail holders that I make by printing the image directly on fabric then wrapping around metal buttons. They have pink bunnies on them. My intention is not to sell them to children but for teenagers and adults who like cute things. My fear is that someone may construe them as being intended for children. I find the guidelines very vague regarding whether a product is "intended primarily" for children.

Can anyone shed light on this? I feel like I have to see an attorney to sell pony tail holders.