I'm so confused.

[Former_Member]

does table b say fabric/textiles and yarn are exempt? are fiber fils included in textiles?

so as long as what you make is all included in table b, do you not need to get tested or worry?


What if you just put a disclaimer on everything you sell saying that it's not intended for children under 12 due to cpsia standards? Would that exempt you?

[Former_Member]

Good Question, I have not been following this thread at all, I don't even know what is off limits and what needs to be tested...

[Former_Member]

The law specifically says that a written disclaimer will NOT exempt you.

As of right now, textiles and yarns are ok. Fiberfill needs a certificate of compliance which the manufacturer should be able to send or email you if you contact them.

When Feb 10, 2010 comes everything will have to be tested by you contracting with a third party lab which will cost a great deal of money per finished item - and per lot, which means each change of supply.

If the law is changed then this will change, but so far no one in Congress is moving on any proposed changes.

Welcome to our nightmare!

[Former_Member]

so table b only matters until feb 10 2010 then? after that date nothing is exempt?

[Former_Member]

http://www.cpsc.gov/about/cpsia/smbus/manufacturers.html#q4

... link to table b and other things for those who don't have it.

[Former_Member]

Thanks Potato....

[Former_Member]

pastperfect, can you send me a link to where it says that the not intended thing won't exempt you? I can't seem to find that. Thank you!

[Former_Member]

anyone?

[Former_Member]

Early on in the responses to interpretations by CPSC of what is considered an item for a child for children under 12 it was stated by CPSC that simply putting a written disclaimer on an item did not exempt that item from the law - and that they would determine by specific guidelines that they have what age range a toy or item is suited for. There have been so many documents added to that site that it is now just about impossible to find anything any more. I just spent some time looking because I and several that I know read it there. I can't find it - but it is there.

There have been statements made by CPSC that they will take many factors into account when determining what is a violation under the law and what is not - much of which centers around who the item or toy is targeted to in the advertising, packaging, or listing. However, a doll is going to be seen as a toy for a child under 12 no matter what the listing says unless that doll has very obvious adult intent. It is all very convoluted but I would not want to be the test case that they bring to court for legal interpretation.

[Former_Member]

Thanks so much for looking... if you do find it somewhere, i would still love to see it...

I don't want to be a test case either! it does all seem so convoluted, i just am trying to catch up.

i don't understand if fabric/wood etc. are exempted... does that end on feb 10? or are those ammended in to being safe? I was reading it as though those were ammended as safe... so that confuses me too. can you (or anyone) explain that to me?

[Former_Member]

There are no official amendments and nothing has been given permanent exemptions. There is hope that what has been stated in the stay and in the list of materials that have been put on the list as usable now will remain. But it has never been stated that what is being allowed now will get whatever Congressional approval that CPSC has been asking for. There are many lobby groups that are very happy with CPSIA as written and have been working hard for no exemptions. It would seem logical that what have been given exemptions now would remain in effect but there has been nothing logical about this law or the entire process. And there is so much politics involved that there are too many variables now to go sour - for us.

The next big thing is going to be when the labeling requirements kick in because there are some things that just cannot be physically labeled as the law calls for. I believe this will hit in August. For example, as it stands now, if you made beads, every bead would have to be labeled with more information than would fit on the bead - forget about actually seeing the bead under the label. Sorry to bring something new into the mix, but it is all coming.

[Former_Member]

This is so insane. I just can't even wrap my head around how stupid this is for everyone who makes handmade for children. It just seems obscene almost.

Thanks for helping catch me up pastperfect.