Is this toy gonna fly with CPSIA?

[Former_Member]

Please forgive me as I know nothing about any of this CPSIA stuff. However, I recently completed a little stuffed starfish for my daughter and I'm thinking about making more and selling them on my shop. So now I'm in toy territory! The eyes are secured VERY well, but you never know what could happen. Also, I don't think upholstery samples are appropriate for babies to chew on. Therefore, I would list it as a toy for ages 3 & up.

For those of you who have more knowledge of all of this, would you mind giving me some feedback, point out redflags, etc? Here is the link to a few photos.

http://www.wastenotwkshp.blogspot.com/

[Former_Member]

Non-Metalic thread and fabric are exempt from lead testing, poly, wool, & cotton stuffing also appear to be exempt, but google eyes or buttons eyes are not exempt. I don't remember exectly the law regarding toys and phthalates but I do know that there are no exemptions from that testing if a product falls into one of the categories that require that testing. There are certain regulations concerning how warning labels must appear on toys plus specific requirements on the font size and ink colors that must be used. In addition there are other labels that you need to include - a permanant tracking label for the CPSC and a care & content label for the FTC.

What you choose to do for your own family is your choice, you can buy or make all the untested items you want for your own daughter. Now if you wanted to sell those same thing on any venue well that's where the CPSIA testing & tracking labels comes into play no testing no labels no selling them as a child's product.

The use of GCCs & COCs supplied by the manufacturers of the raw materials will only be allowed to be used to issue your own GCCs until 2-10-10. After that, with the way things stand right now, you will have to test your products yourself with a government approved lab. Also the lead testing and phthalate testing is retro-active, so even inventory that you used the supplier's testing info on may require it own testing by the labs if it's still for sale after Feb 10th 2010. See http://www.cpsc.gov/library/foia/advisory/317.pdf for more info.

Here's some reading to get you started on understanding the CPSIA.
The main CPSC website
http://www.cpsc.gov/

The CPSIA main website
http://www.cpsc.gov/about/cpsia/cpsia.html

CPSIA guidance for small businesses/crafters includes a quick look guide Table : B exempt raw material list
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf

The current overview of the "final" determination of raw materials for exepmtion
http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf

Info on a workshop to be hosted by the CPSC on testing and certification.
http://www.cpsc.gov/library/foia/foia10/brief/producttesting.pdf

Tracking labels
http://www.cpsc.gov/about/cpsia/sect103policy.pdf

CPSIA's FAQ page
http://www.cpsc.gov/about/cpsia/sect103.html#103q8

The CPSC's age determination guideline http://www.cpsc.gov/BUSINFO/adg.pdf

A timeline from the CPSIA http://www.cpsc.gov/about/cpsia/rulemaking.pdf

Standard Operating Procedure for Determining Total Lead (Pb) in
Children’s Metal Products (Including Children’s Metal Jewelry) found at http://www.cpsc.gov/about/cpsia/CPSC-CH-E1001-08.pdf

Even non-metal components must be tested using destructive digestive testing read more here http://www.cpsc.gov/about/cpsia/CPSC-CH-E1002-08.pdf

Small Parts Regulations Summary http://www.cpsc.gov/BUSINFO/regsumsmallparts.pdf
Small Parts labeling
http://www.cpsc.gov/BUSINFO/label.pdf
Maybe some one else has a link to a plain english version of the small parts regulations, but these 2 links are the best I have.

For fiber & fabric based products there maybe additions laws & regulations that need to be followed under a seperate government agency known as the FTC (Federal Trade Commission).

FTC Labeling requirements
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm#covered

[Former_Member]

Fabric is on the exempt list as long as there is no metallic included and has no special coatings. Depending on what it is stuffed with, the stufffing could also be exempt from testing.

However, the eyes are going to make you test

Some uphostery fabrics have coatings like scotchguard and other dirt sheilding coatings so would be careful to know what the fabric is and if it has one of these coatings.

[Former_Member]

thanks for the feedback and resources jewelrydesignsbyME and LILGIRLCA. looks like i'll have to think hard about whether or not it's worth it. Maybe I can do patches for the eye instead. Or maybe they should be decorations instead of toys.... i don't know.

[Former_Member]

you can make eyes out of fabric, out of felt, or embroider them on. I really love the fabric you chose, and I think your daughter will LOVE her starfish! ;)

[Former_Member]

I agree super cute! I wold try the fabric eyes.. or can you use facbric paint? That might look neat as well.

!I live in canada and don't know the ins and outs of CPSIA...

[MomNMiaDesigns]

The fabric should be fine, but the eyes are not only subject to testing, they would likely be considered a major choking hazard.

[Former_Member]

I believe that fabric paint would have to be tested under CPSIA

[Former_Member]

ugh, marking.

[Former_Member]

I would totally do it with embroidered eyes...it would last longer anyway--those google eyes are what my kids would immediately chew on and crush.. plus if embroidered you wouldn't have to test it...

[FeltWerker]

marking

[Former_Member]

marking.

[Former_Member]

<~ this bear has button eyes, but I don't use buttons on any I sell, I use sewn on felt.

I used to use fabric from my stash, but now I only use brand new fabrics so I can keep track of the manufacturer and guarantee the fabrics are 100% cotton.

I make my own muslin labels, which have the required info and care instructions on them. I don't mind labels at all, I think they add a professional touch, plus they say "Patchtique" on them, so they work as advertising too.

[Former_Member]

Patchtique-I agree, lables are also good for us!

[happywhosits]

jewelrydesignsbyME has done an excellent job of providing all the pertinent info, but she does have a typo - the date is 2/10/2011, not 2/10/2010.

Eileen...