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 :)

[runningstitchdesigns]

Marking - thanks!

[SylMarCreations]

Fingerprint goes *here*

[Former_Member]

marked.

[Former_Member]

Okay, forgive me if I sound really dumb, but I am still confused. Maybe it's the 3rd glass of wine. I planned to be selling two types of items in my shop. Child / infant apparel and toys. The clothing I will be purchasing as a blank, finished product and dying and screen-printing. The toys are wood and painted.

First thing I am confused about is the fact that I keep seeing "already tested" come up in the thread, but I didn't see any mention of that on the CPSC website. Where is there information on this?

As far as the clothing goes, I realize that the fabric and dye are apparently ok, but what about the inks used for screen-printing? What about the snaps on the onesies? If I am buying what is essentially a complete product, such as a onesie, doesn't that mean that it already should have had it's snaps tested in order to be sold here? Do I need to have it tested myself, have paperwork from the company I purchased them from, or does it count as "resale"? Same thing for the inks / paints, really. I use only certified non-toxic lead-free screen-printing inks and the same goes for the paints I purchase for use on my toys.

And how about the product testing for breakable small parts? How does that work? It mentions making sure things are securely attached, is that all it takes? I've given these things as good a beating as I can, and the ultimate test of giving them to my young daughter and nephew, *I* know they are safe, what does it take for the law to know they are safe though?

And then there are all the possible small additions. I'd planned on collaborating with my dad and also selling some things that he makes, such as small sailboats / cars. If the entire thing is wood except for, say, two tiny buttons, would we have to spit up the $75 to test each different type of item like that he used?

I didn't see anyone else posting this much, so I'm sorry if I am doing something wrong, but I really did read through the entire thing and I still kind of feel lost, and also kind of stupid since everyone else seems to get it.. *blush*

[Former_Member]

juiseshop,
You may want to see if you can get help from your local SCORE mentor or the regional SBA office in obtaining professional legal advice about making and selling specific products due to the complexities of the CPSC, CPSIA, and other federal offices, like the FTC, that may have regulations or laws concerning a certain type of product.

Basically, under the CPSIA, the lead and phthalate testing for non-exempt materials falls into 3 categories:
1* Testing of the completed finished product - this testing is where you take random samples of each batch of an item that you make to send to a CPSC approved lab to be tested.
2* Component testing - where you take random samples of each batch of non-exempt supplies you plan on using on various different products and have them tested at a CPSC approved lab prior to assembling them into your products.
3* "Already tested" or GCC available - refers to supplies that few component manufacturers that have tested, using the CPSIA approved tests even though they may not be required to, and are willing to pass along the test reports or a GCC, in the format needed to satisfiy the CPSC, for their products that will go into your finished items.

There are pros and cons to each type of testing route you can choose from.
Option 1 - requires each time you open a new package of a supply to retest the entire finished product as a new batch. On the other hand this type of teting gives the lab a chance to tell you if the are additional tests that should to be done; like choking hazards, breakability, or construction value testing; based on what the finished product is.
Options 2 and 3 require a lot more paperwork on your part in trying the multiple test reports back to a finished product, but offer flexibility on producing OOAK and custom order products.

As you said for the clothing you want to design you plan on using blanks that are technically really a ready to use "as is" product, so the trick is to get the test results from the blank's manufacturer showing that it has passed or is exempt from any CPSIA testing. Even if all you where planning on was to sell the blanks a supply to other crafters as a "reseller" you would still need to have a GCC or COC from the manufacturer on file at your business office. The problem is if your buying the blanks at a retail level the store nor the manufacturer are required to pass the testing information on, you may have to prove you have a business to business relationship with the retailer before they are willing to send you additional information. So if you're unable to get the test reports, COC, or GCC from the manufacturer or retailer you may still need to choose which testing route you would like to take. Remember there are also requirements on fabric based items that need to follow the laws and regulations that are under the prevue of the FTC.

Now if your taking otherwise exempt materials like untreated, uncoated wood or a 100% cotton tee-shirt and add non-exempt pieces or finishes to it, component testing or testing done by the non-exempt supply manufacturer will save you money. Many of the labs base their pricing on how many different base material components are used to make a finial product and to cover their behinds want proof of exemption or reports of tests already done if you want only certain parts of the product tested for lead & phthalate compliancy. Otherwise they take the finished product apart and test all the seperate pieces individually since a button will disolve in the acid at a different rate than the wood or glue will.

The CPSIA considers screen print inks to fall in the same category as paint and is subject to the even lower lead limit of 90PPM and additional testing for like 12 other "hazardous substances". A can or container that just states non-toxic without reporting exactly what tests were used or what the result in PPM were for each substance that required testing does you no good. Again you will need to get specific test results in the format that is allowed by the CPSIA, and you can choose which testing route you would like to follow.

I'm not too sure about the testing procedures that are required for small parts, choking, sharp edges, strangulation, durability, and breakability, but I do know that they vary based on what the final product is and the terget age group the product is aimed at. So the tests a toy car may have to go through will be completely different from the testing a plush animal is going to need which is again differernt from what an appliqued bib will go through. Again a test for a toy car that is being targeted to the age group of 3 to 6 will be different from a toy car targeted at children over 7. Some of the tests could include throwing a toy a specific distance at a specific force against a wall to sell if anything chips off or causes a sharp edge, or they could test for what happens if a child fall asleep while hugging or wearing the product, while another test might simulate a tug of war between the target age group and an older sibling to check for tearing or another test might include to see if saliva will weaken the glue causing seperation. This area is perhaps were professional legal help is most needed.

[claylicious]

marking

[Former_Member]

marking! Thanks for putting all the links in one place!

[Former_Member]

marking...thanks for the info.

[Former_Member]

Okay I've read through the govt documents and quite a bit in this forum. I'm in the middle of designing alphabet cards and other learning things. I am trying to figure out what I need to do about the printing. It's paper right? Or is this something the printers I work with should know about? Everything I've read in here seems to be focused on fabric based products.

[Former_Member]

Plain paper with no pre-printed ink designs are exempt, and so is standard CMYK ink jet printer inks (but not laser printer inks). See the current full list of raw materials offically exempt from CPSIA lead testing at http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf . SO if your raw supplies are not on this list then you need to obtain testing results, you can either call the supply manufacture to see if they tested to the CPSIA standards using CPSIA aprroved testing methods & will give you copies of the GCC, COC, or actual lab report reflecting this or you can have your supplies tested yourself at your expense. Additionally if you choose to laminate the cards you may need to have testing done for the phthalate levels of the plastic depending on what age group the learning materials are for.

You will not have to put the tracking information on each card, but either the storage box (which will need testing also) or at least one card needs to have this info to tie the product to the GCC that you need to issue & keep on file that refers back to all the proof of exemption or the test certificates obtained.

[Former_Member]

marking

[Former_Member]

Thank you jewelrydesignsbyME I've got a lot more reading ahead of me.

[Former_Member]

marking

[Former_Member]

I have no idea why there is so much upset over the clothing. Everyone knows the food supply will kill us first.

[FayeMaloneDesigns]

JaniceCordeiro says:
I have no idea why there is so much upset over the clothing. Everyone knows the food supply will kill us first.


Ain't that the truth!!

[Former_Member]

Marking! Thank you.

[Former_Member]

marking

[PrintMeDoodles]

So, If I make labels for felt fruits now, it needs the following info?

Business name
made from...
made where...
care info...
tracking number
date when made

?????????????????
Imagine that putting that on a blueberry!!!

I can't find anywhere, if felt needs a label or not! Anybody?

And does the CPSIA knows, that the labels are the first thing, people will cut off the product???

[bobbinalong]

Bringing this to the top for those who haven't seen it.

[Former_Member]

Add adding- this isn't just for crafters. If you sell children's products- like kids' books published before 1985, you're in trouble with the CPSIA.

[Former_Member]

awesome....marking

[FayeMaloneDesigns]

DeputyHeadmistress says:
Add adding- this isn't just for crafters. If you sell children's products- like kids' books published before 1985, you're in trouble with the CPSIA.

Isn't this memorable frmm the gov.: books printed 1984 and earlier are unsafe for children without testing the ink. And of course testing destroys the book. A little Orwellian censorship wouldn't you say. Spooooky!!!

[Former_Member]

Thank you for all the wonderful information!

So, if my product contains only cotton fabric and elastic ... all I need to do is label correctly and I am considered in compliance?
Business name
made from...
made where...
care info...
tracking number
date when made


Is this correct?

[Former_Member]

marking-- Thanks bunches!

[Former_Member]

Lots and lots of info out there....I am so lost as to what I need to do for selling burp cloths and bibs! I will try and do more research when I have more time. Great post it's been very helpful!