Handmade soft toys, can I sell them if I say they are for people over 12yrs

[Former_Member]

I know that there are tons of threads about CPSIA, I have been whizzing through as many of them as I can this morning but my head is 'whizzing' too coz of all the information there, there's lots of mentions about lead, and kids books and all sorts..wow, this really is a huge deal for a lot of sellers!! I've often come to the forums and just gone past the CPSIA section as I don't make anything for kids...until just recently.

I think mine is a simple question so I'll go ahead and ask it.

Like the title says, am I able to make and sell toys, like stuffed animals made of regular material, cotton thread, buttons, felt, all stuffed with fluffy poly toy stuffer (sorry, not sure of it's exact name) if I add in my description that they are intended for age 13 and above? (is that the the age, or is it 12?)

I have made a few soft 'monsters' for my little girl (she's 4) and I'm quite pleased of how they turned out and would love to make more and offer them on Etsy. Also, cushions made of the same materials...but would be more inclined to be sold to an adult.

Sorry this is a long question. I'm in the UK and have not heared of the CPSIA until coming to the forum on Etsy, so it really is going over my head.

Please don't shout at me if I have asked a question that has already been asked or answered, I have looked at lots of threads on here and I can't find the answer.

Thanks x x x

[Former_Member]

On all my stuff I put "Not intended for children 12 and under" even though I make only adult stuff. Better safe than sorry I guess.

[Former_Member]

Your masks are great :o)

Thanks for the reply. I've just spent some time on the internet looking at various sites regarding this and have found out some more helpful info too, most if not all of my products are classed as safe although I do add acrylic paint to some of my 'soft monsters' so will see if I can find out about the safety of those.

I'll be sure to add the: "Not intended for children 12 and under" description to my labels.

Thanks again.
x

[SimmonsCreek]

The way I understand it is that even if you put that on the items, if it MIGHT be used by or appeals to someone under 12 that it has to be tested. I might be wrong, seems to change all the time

[Former_Member]

I am confused as well and I know that I should be reading through all the forums, but it would save me a lot of time if I could find a specific guideline that I can find all the ifo that I need to know about this... thanks

[SimmonsCreek]

I'm not sure there is one place. Thisd just keeps getting crazier and crazier! You could try doing a search for just what you want to know about it. I'm sure there are threads out there that would cover it. I can't even find what I need to know and I don't sell childrens things, I have a charity.

[Former_Member]

Simons Creek is right. I thought about trying to just sell my bows/clips to older than 12 because in some places the older kids are wearing them to clip back bangs. In the end I will still have to test because a child under 12 could use them.

[Former_Member]

Here's where the law as it stands today is published http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ314.110.p... . It's 63 pages long and tough to read because it references back to other statutes not printed in full or linked in that document.
Somewhere in that law there is a clause about using disclaimers that if in the genral public opinion your product is seen as for children 12 and younger a warning label or other statement saying not intend for children would not protect you.
The CPSC published a "Guidance on the Consumer Product Safety Improvement Act (CPSIA) for Small Businesses, Resellers, Crafters and Charities" at http://cpsc.gov/about/cpsia/smbus/cpsiasbguide.html , it's not an end all to the confusion caused by the law but it does help. It gives decent advice on what materials are exempt & what needs to be 3rd party lab and when, it's all based on what materials go into the finished product. So a plush, softie, or cloth toy that only contains materials on the exempt list would not need the lead testing as of right now, but once you add a non-exempt material like paint, even certified non-toxic paints, the whole finished item would have to be tested at a 3rd party accredited lab. The answer is still unclear if these exempt materials would still need the phthalates testing.
This law applies to your products only if you are making the item available to customers in the USA.

[happywhosits]

You also need to be aware of the rules for small parts on toys, such as the buttons you mention. My understanding is that the laws in Europe, including the UK, as pretty strict about testing toys, so if you can meet them you are probably ok for now in the US. But do check the links posted in the previous replies.

Eileen...

[bobbinalong]

Read. http://www.cpsc.gov/businfo/adg.pdf

Figure it out for yourself.

[Former_Member]

Hi, I live in Scotland, UK. I went through all this stuff with our local trading standards officer. Over here there is the an option to "self certify" which is applied to crafters and others who make individual or small amounts of a product. It requires the maker to keep a record of the supplies used and to declare that they meet the safety guidelines (i.e. flammability), that the item is well made and won't fall apart, and that if there are small parts that may become detached the item in clearly marked as not suitable for age group.

I understand that a lot of you are scared of this new legislation, and frankly it is the big manufacturers they should be chasing, but a little common sense is all that is needed. Sadly not all safety standard officers fall into this category! Don't be disuaded, I nearly was till I found there was a market for what I do.

As with all beaurocracy record keeping is the key (I know, I hate it too). I am not an authority on this but if I can help, just ask.

[Former_Member]

slackstitches, part of the problem with CPSIA is that is does NOT have a similar exception.

This also has the added "threat" that people are being encouraged to turn other in. Annoyed by the competition, put in a report to CPSC... There is nothing in the law, as it is written to exempt the home worker, or anyone else...it's also so Byzantine, I don't think it's actually not possible to completely comply. Miss one detail and you could be breaking the law.

[Former_Member]

This whole thing is ridiculous, I work in the Countrys' usa, largest drug store, and you should see the garbage we get in our seasonal section every month. All geared for under 12's. It's all stuff made in China, falls apart, I find them everyday broken, you can definitely tell the paint is bad just by looking at them. I am wondering what the big guys are doing about this in the chain stores across our country. Doesn't seem like much.

[Former_Member]

By the way slackstitches, your bears are super adorable.

[Former_Member]

Voiletmooncreations is right. There is so much trash out there. In the USA it's usually the small guy who gets hurt. The multi-million $ companies only seem to get caught when a lot of people get hurt or complain. I won't buy anything that comes from China, especially juice, because who knows what's in it or what kind of testing has been done to ensure its safety.

[Former_Member]

Thanks Voiletmooncreations.

trynlayk, is there an equivilant to our standards officer or is it too soon to expect that? As it took me so long to wade through our laws I do not feel the urge to look at yours I am afraid. Common sense must surely be seen soon? Some of what I am reading here suggests this is a ridiculous knee jerk reaction to the crap your country has been importing from the far east (pardon the language but it is just that, crap). Perhaps the "credit crunch" will turn things around and we will start appreciating decent quality rather than quantity.

I am going now as I am aware I am wittering

[McCoyToys]

jewelrydesignsbyme; that is our questions to the CPSC reg the 3rd party testing after we add "lead-free" paint to the exempt wood..?.. We spoke with someone in DC & gave some suggestions on how this might be done without having to test "each" final product.
But, for now, we were told to continue as we are doing until the final rules are published!

[Former_Member]

If only the US would rewrite the requirements to be more like you describe, slackstitches!

[Former_Member]

McCoyToys ... most of us are going by what is in hard copy print directly from the CPSC. With watchdog groups successfully bring law suits to have what seems like each section of the law made retro-active, and government officials recanting or making contradicting verbal statement to the press, having the "official guide" in an government document is the only protection some of us have.
Something said by one person to another usually boils down to he said / she said in court and if one of the parties challenges the statement it will be a battle of the lawyers to see who's recollection of the conversation is right. If you backtrack to some of the original posts in the CPSIA section you will see that one wallhanging maker was told by 1 person at the CPSIA that wallhangings where exempt, the artist called back a week or 2 later to the same agency but different office and was told that wallhangings with appeal to children did have to be tested, so which offical was right? Just to note at the time of that posting the new clarifications and exemptions where not yet rendered.

[GreenGrin]

Does anyone know of a crafter who's actually been brought into court because their items were not tested?

[Former_Member]

GreenGrin - with the Stay of Enforcement there have been no publicized legal actions taken against any crafter since the law went into effect. At this point the law is so unclear to the legal authorities that it would be difficult to bring a case UNLESS there was direct evidence that a child was harmed directly from a specific handmade item (or any item)and an official complaint was made to CPSC and a State Attorney General.

Now this is not to say that the law does not have to be followed. No testing is required now until Feb. 10, 2010 but everyone must be aware of the lack of lead in their items. This can be done by knowing your materials and obtaining whatever certificates from manufacturers that you can get.

[GreenGrin]

Thanks, pastperfect.

[Former_Member]

the testing is not being enforced, nor the GCC requirement.

but, you need to know the lead and phthalate content of your items because we are not, and should not, be exempted from following the limit law.


textiles, however... as long as they are not vinyls, plastics, for outdoor use or metallics... have been exempted, because of the nature of their production.

for now.

hopefully, forever.



if you use plastic eyes, or other accessories... you need to closely pay attention to lead and phthalates, just in case... and the under 3 warnings for choking.

and it never hurts to include the crib warning.



most suppliers are happy to provide certification of their products compliance.

[Former_Member]

i added in the "outdoor use" thing because those fabrics may contain lead for better durability.