I don't understand anything about the regulations! Not from the USA

[AtelierChimaera]

Hi everyone,

First of all: I am not American yet it seems that I do need to comply with the American regulations if I start making baby clothes (for children younger than 9 months) on a monthly basis. Meaning that I will only make 1 item per month or something because it's just an extra thing.

I don't understand a darn thing about how I should test my fabrics in an American lab (I live in The Netherlands - Europe), what regulations are mandatory for the things I plan to make, should I even register being European, where/why/how to register for a very very small batch of kiddie clothes. Tags on clothing? Errrrmmm, what should be on it, how do I prove the things that are on the tags.

Dutch laws are not so strict on these things so if I was to sell to other Dutch people I don't need to follow the CPSIA rules. Which makes it more confusing on what to do.

Can anyone explain me what I should be doing in simple and plain English? :)
Thank you very much for taking the time to answer.

[FayeMaloneDesigns]

Rachel, The EU has safety standards for children's products as does Canada and Great Britain and Australia and the USA If you want to sell any products for children to those countries you need to be in compliance with their standards. As a seller, you will be importing your products to those countries, and without compliance the goods could be held at customs.

Are you saying that you will only be making clothing for babies under 9 mos? The regulations cover all products for children 13 years old and younger, not just babies. I don't understand what you mean 1 item a month? There is no minimum number of items that would allow you to be exempt from the safety regulations.

What are you planning to make and I can help you with what you need to do.

[AtelierChimaera]

Hi Beverly,

Yes, I mean that I would want to make baby hats for the really small ones and (I hope this is the right translation) sleeping bags.

What I mean with 1 item per month: I have no free time at all so I'll probably produce 1 item (1 hat or 1 bag etc) per month. That's it.

With that information, can you tell me what seems to be needed?

Also, why do i see hundreds of Etsy shops that don't stick to this rule if it's basically illegal?

[AtelierChimaera]

I read something in the other post about fabric weight of modern fabrics and not needing to flame test it.

For example, if I'd use these fabrics for my hats and state that they aren't meant for sleepwear, I'd have less trouble?
https://www.fabric.com/buy/0337371/classic-horror-flims-blood-splatter-red-white
https://www.fabric.com/buy/dw-469/the-very-hungry-caterpillar-white-green

[FayeMaloneDesigns]

First let me say, you can register as a small batch manufacturer, and gain the exemptions even if you are not in the USA. There is no cost to do this, and the benefits greatly help with testing. You still can't knowingly sell something that is unsafe or against the safety regulations.

The fabrics that you referred to would exceed the weights and be safe for children's wear. .

Children's sleepwear has very specific rules, without exception. Babies that can not roll over sit up and stand and wear size 9 mo.and under, NOT age 9 mo., do not need tight fitting sleep garments. If you could post a link or picture to what you are calling a sleeping bag, that you help.
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Also, why do i see hundreds of Etsy shops that don't stick to this rule if it's basically illegal?
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I'm not sure what you mean? It would be difficult to assume that a shop doesn't comply just by looking. I can look at a shop and see items that I suspect are iffy, but I have no way of just looking at a shop and know if they have had their products tested. If you truly registered and are within the law, you can state that fact in you listing. I personally wouldn't want to be a shop, sell something and it was found that I disregarded the required safety laws. The fines start at $100,000 per offense. Ignorance of the law is not a valid excuse.

[AtelierChimaera]

Thank you so much for answering! I still don't understand which tests are needed and what tags and what should be on the tags. :) I feel so stupid but it's really not understandable on the official websites.

Do you have any idea of the costs of testing? If it's loads of money it's not worth to start selling it on Etsy I suppose because I'm in the price range of $15 per item ^_^
Every test needs to be on that specific fabric that one uses for the item right?

In Dutch we call it a 'trappelzak', and it's for sleeping but also in strollers etc.
Here's an example: http://www.hm.com/nl/product/16827?article=16827-B&cm_mmc=pla-_-nl-_-home_kids_baby_duvetcover-_-168...

No buttons, no strings, instead I'd making it with a zipper or press-studs.

What I meant with the shops is: if people sell children's clothing that is approved, it should be mentioned that it is tested/labeled/approved by CPSIA right? I see so many shops that don't have that info in the listings or shop info.

[DonnaDesigned]

I have registered and am CPSIA compliant. I haven't put it in my listings. I guess I should. But I wouldn't assume because it isn't in the listing that the shop is not compliant.

I hope you can figure this all out.

[AtelierChimaera]

That is true Donna :) I just assumed it because it's such a big deal.

[Former_Member]

There was a link to what items are exempt from testing in the "Overview of CPSIA Product Testing Requirements" thread that is no longer working. But as I recall, fabric and yarn are exempt from testing. That means that you don't need to get any of your fabric tested. However, things like buttons are not exempt. Usually small businesses like you would just buy buttons that are already CPSIA compliant and request the COC (I think that means certificate of compliance) from the button manufacturer. Unless you make unusual items, you really shouldn't have to get anything tested yourself.
And I think I've seen those "trappelzak" called "baby bags" in English, but they're not very common over here. They used to be more common 50 years ago, and they were called "baby buntings" then.

[AtelierChimaera]

Thank you so much PrairiePrincessOK! I saw that the link you talk about was not working which confused me even more :P

I plan on using cotton fabric bought in America (fabric.com) and YKK zippers. YKK tests their zippers for lead so that is ok. They also have snaps who are tested, so also suitable I assume.

Ok, so just the COC then. Once again: thanks for taking the time to help me out! :)