Jewelry Designers CPSIA testing deadline is sooner 4 us than other products

[Former_Member]

I received a reply back from Jennifer at http://thesmartmama.com/bg/ concerning the XRF services for products before August deadline, & found out that jewelry needs 3rd party certified lab testing as of 3-23-09. Jennifer said "Up until March 23, 2009, you can use XRF. For items manufactured after that, you can't." And I double check that at the CPSIA site http://cpsc.gov/businfo/frnotices/fr09/metaljewelry.pdf
Now what the CPSIA has listed as acceptable testing method for jewelry is destructive acid digestive testing as outlined here, http://www.cpsc.gov/businfo/pbjeweltest.pdf . Which in plain english is the lab will dissolve your product in a beaker full of acid and test the remaining precipitation for lead and other heavy metals. After the testing is done all your left with is the certificate if you passed. This would be great if the testing didn't destroy the single item made from that particular combination of supplies the "batch" or cost a couple hundred dollars.
The CPSIA has "Request for Comments: Please provide
comments in response to this notice by
January 21, 2009. Comments on this
notice should be captioned ‘‘Laboratory
Accreditation Process for Testing for
Lead Content in Children’s Metal
Jewelry.’’ Comments should be
submitted to the Office of the Secretary
by e-mail at
Leadaccredjewelry@cpsc.gov, or mailed
or delivered, preferably in five copies, to
the Office of the Secretary, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, Maryland
20814. Comments may also be filed by
facsimile to (301) 504–0127." from http://cpsc.gov/businfo/frnotices/fr09/metaljewelry.pdf .
On 1-6-09 http://www.bloomberg.com/apps/news?pid=20601103&sid=a0Xr2Iw1Vi_8&refer=us has reported that "The CPSC exempted wool, cotton, silk, gemstones and pearls in its proposal today. " if your jewelry is made exclusively from these materials it looks like you might be exempt, but please contact the CPSIA to publish an exhausted list of exactly what is included as exempt so you know for sure.
If your items are not completely made of exempt components contact the CPSIA and urge them to seriously consider allowing us to use supplier provided testing certificates. This would allow us to continue making wonderful jewelry and still be in compliance with the lead regulations. There is no way that if you take a clasp that is in compliance attach stringing media that is in compliance add beads that are exempt and wind up with a finished product that could be out of compliance. PPM, parts per million, is just another way of saying percentage based on weight. This would be similar to what many of us do to be acceptable with the CA jewelry law, but just providing us with more complete lead info than class 1, class 2, etc.
Another thing to possibly point out that I have seen repeated in many other CPSIA / CPSC threads, is that regardless of who the government thinks our products are for, it is OUR RIGHT to mark our jewelry designs as not intended for children 12 and under. If a parent wants to disregard the warning that is their judgement call. Or in the event that the disclaimers do not cover our ARTISTIC DISCRETION to decide for whom are jewelry is primarily intended for, the CPSIA provide us with a plain english list of criteria of what is to be consider as children's jewelry.
Please I urge anyone with any type of questions to contact the CPSIA directly at http://www.cpsc.gov/cgibin/newleg.aspx . The more times a particular question is asked, the more likely it will be answered in one of their upcoming FAQs or a General Counsel Advisory Opinions.

[MostlyStoneware]

Is this ALL jewelry, or specificly that designed for children?

[SparxsDesigns]

I think designed for children under 12.

[Former_Member]

Pleh at government control and regulations.
I fart in their general direction

[muyinmolly]

SparxsDesigns says:
I think designed for children under 12.
------
what a great news -- let's stop making jewelry for kids...

[MandaPandaCreations]

I knew this was coming...
Thanks for the heads up

[MandaPandaCreations]

lol ishy
I wave my private parts at your aunties

[Former_Member]

The Public Law 110-314 as known as the Consumer Product Safety Improvement Act of 2008, will affect more than just toys. As it is currently written it encompasses JEWLRY, clothing, room decor, SCHOOL SUPPLIES, EDUCATIONAL AIDS, art work, ART SUPPLIES, pillows, linens, furniture, so on & etc. if it is made for or looks like it's for someone 12 & under to use it will be subject to the certified testing. Even HAND-ME-DOWNS & vintage items as resales or trades, think flea market, swap meets, yard/ garage sales, eBay & Craigslist, will be subject to the testing.

Here's the CPSIA FAQs with the definitions of what is considered to be a child's product (hint ever heard of the "court of public opinion"): http://www.cpsc.gov/about/cpsia/faq/faq.html#educational

If you want to try to interpret the law yourself here is the link :
A copy of the actual law as it stands today: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=fubl314.110.pdf

The law has many gray areas including what is to be considered children's items. Here's a Q & A from 1 of the USA based CPSIA certified testing facilities http://www.strquality.com/www/strlab/industry_expertise/cpsia_faq_html , I realize that they make their profit from testing so they may only have answered in such a way to drum up more business. With that being said it is still one of the only offical sites (meaning it is an lab being accredited by the government to interpet the test requirements) that I've seen that answers some questions in a straight foward understandable manner to the public.

[TheTinyFig]

so....... i guess i'm not selling to the US anymore.

[Former_Member]

So does this include kawaii items, which look like they're made for little girls, but are actually intended for people at least highschool age?

Personally I don't intend for any of my jewelry to be worn by anyone under 12 years old, just because when I think of little kids and jewelry, I think breakage and choking. That could just be me. I mean, I don't have kids so I'm just going off of my own childhood. haha.

[TheTinyFig]

I was googling earlier and I came across this site http://www.strquality.com/www/strlab/industry_expertise/cpsia_faq_html which appears to help people comply with things like this and it says

Q2: Would jewelry which is marketed to adults but which contains “child-like” graphics on it need to be tested?

A2: We recommend that such jewelry meet the lead content requirement along with lead in accessible surface coatings. If not specifically intended for children, toy testing would not be required, although we always recommend no sharp points/edges as received.


Of course until the deadline comes I'm still praying that things get changed.

[Former_Member]

Do we need to put some sort of "waiver" or notice in our shop saying that the jewelry is not intended for children under 12?

[Former_Member]

Yep. All of that information is as I understood it, too. Sucks, huh? I have been getting quotes for the metal testing, and so far for a silver-plated lobster clasp (already tested by the supplier as having no detectable lead), it will be $125. Then, add jump rings (2 different sizes) and crimps, each necklace will cost me $500 just for metal parts alone. And that's with me getting rid of extender chains and lead-free charms, which would add another $250 to the tab. *cry*

[TheTinyFig]

Oh yeah, according to the FAQ on that site I can't sell stickers either because stickers are generally for kids.

[JLynnCreations]

This is just getting so out of control! I am the mother of three boys under 5...and I don't freak out over every little thing. We all survived. Our parents didn't know about lead paint...and their parents. Yes, some kids had problems, but the majority of everyone is O.K.

I mean, if someone is blatantly selling something they know to be dangerous, that's one thing. But there's lead in our dirt. It's everywhere. Really. This just sucks I think. Especially for all the wonderful artists and crafters who design great things for kids.

[Former_Member]

Please go to http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia and vote, so Obama will discuss this problem! He will discuss 10 thing and right now this is only listed at 8. We need more voters!!! Let make a difference instead of just talking about it!

[Former_Member]

TinyFig are you serious!?! So envelope stickers to seal envelopes with will need to be tested?? How stupid is that??

BTW I love that little toast there in your av. Every time I see it, it makes me smile. :)

[TheTinyFig]

Q7: Do ceramic ware and glassware fall solely under FDA regulations, or are there any applicable CPSC regulations which would mandate a Certificate of Conformity for them?

A7: Only ceramic ware and glassware intended for children 12 and under would require a Certificate of Conformity.

--------
LOL in my family everyone uses the same glassware. I have glassware in my cupbords that I've used since I was 5

[Former_Member]

tinyartjewelry ... No waiver or disclaimer, as of right now, will protect you from the government or consumer watchdog group declaring your products are made for children thus requiring the lab certificates. This is to me one of the most preplexing parts of the wording of this law, that you are guilty until you can prove your innocent. You would have to find a way of proving that your designs never had the intent of being used by children yet putting such a statement as such in your listings looks like it can overruled if someone complains to the government that it appealed to their child.
Here's a previous posting I made last month concerning what the CA government & the watchdogs consider children's jewelry :
One of the reasons that so many here are up in arms about this law is who says and doesn't say your product was never intended for a child 12 and younger.
Especially with stories like this being published http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/12/09/BUKT14KQ9N.DTL , http://www.thedenverchannel.com/news/18239006/detail.html and http://www.wtvm.com/Global/story.asp?S=9493410&nav=8fapcPZY . Here are photos of the jewelry tested http://www.ceh.org/index.php?option=com_content&task=view&id=344&Itemid=246 , some are similar to jewelry styles I've seen here targeted to adults.

[Former_Member]

Here are links for you & anyone else to read up on the law :
First see the 2 STORQUE articles, http://www.etsy.com/storque/craftivism/handmade-childrens-items-unintended-consequences-consumer-pr-...
&
http://www.etsy.com/storque/craftivism/cpsia-updates-and-calls-to-action-3157/

If you want to try to interpret the law yourself here are some of the government links :
A copy of the actual law as it stands today: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=fub l314.110.pdf

The original bill proposal : http://www.cpsc.gov/cpsia.pdf

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

Standard Operating Procedure for Determining Total Lead : http://www.cpsc.gov/ABOUT/Cpsia/CPSC-CH-E1001-08.pdf

Original CPSIA FAQs with the definitions of what is considered to be a child's product (hint ever heard of the "court of public opinion"): http://www.cpsc.gov/about/cpsia/faq/faq.html#educational

Most recent updates to FAQs : http://www.cpsc.gov/about/cpsia/faq/newfaqs.pdf

How CSPIA effects existing inventory & by logical extension vintage, resale, & recycling of children's items :
http://www.cpsc.gov/library/foia/advisory/317.pdf
&
http://cpsc.gov/library/foia/advisory/322.pdf

List of product lines that the CPSC DOES NOT have Jurisdiction for. So if your type of products are not on the list & the CPSIA considers your products to appeal to or be made for children you will be required to test for at least lead.
http://www.cpsc.gov/businfo/notcpsc.html

List of accredited labs for testing
http://www.cpsc.gov/cgi-bin/labapplist.aspx
BTW only 18 of the 88 are in the USA all others are overseas, 15 in Europe and 55 in Asia. Also not all of the labs can test for total lead content, some only test for lead painted, others for small parts & durability, and a few can do the phthalates test. You have to click on the lab name, then on submit to see what that lab is certified by the CPSC to test and issue the certificate of compliance on.

The law has many gray areas including what is to be considered children's items. Here's a Q & A from 1 of the USA based CPSIA certified testing facilities http://www.strquality.com/www/strlab/industry_expertise/cpsia_faq_html , I realize that they make their profit from testing so they may only have answered in such a way to drum up more business. With that being said it is still one of the only offical sites (meaning it is an lab being accredited by the government to interpet the test requirements) that I've seen that answers some questions in a straight foward understandable manner to the public.

A small glimmer of hope for organic fabric (undyed), untreated wood (nonstained or coated), and other natural but unaltered material users :
http://www.cpsc.gov/library/foia/foia09/brief/leadprocedures.pdf
&
http://www.cpsc.gov/library/foia/foia09/brief/leadlimits.pdf

or try
http://thomas.loc.gov/
Then search:
H.R.4040
Consumer Product Safety Improvement Act of 2008 (Enrolled as Agreed to or Passed by Both House and Senate) ~ make sure you read all sections including the references at the end.

The law is ambiguous at best, so be prepared to consult a lawyer as to how this might impact on your business or your ability to buy handmade products for children.

After you have read all this, & consulted who you can MAKE YOUR VOICE HEARD on how you feel on the subject.

Here's a way to contact your representatives.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
&
https://writerep.house.gov/writerep/welcome.shtml

How to contact the CPSC with questions on the law including, "How does this does it pertain to my products?".
http://www.cpsc.gov/cgibin/newleg.aspx
Be as specific as possible in your questions, you will not recieve a personal reply, but the most often asked questions will be answered in 1 of the upcoming CPSIA's FAQs.

Contacting the SBA regarding any protections for small busineses, charities, and hobbists under the Regulatory and Flexibility Act http://www.archives.gov/federal-register/laws/regulatory-flexibility/, an earlier federal law that MIGHT serve as a legal loophole :
http://www.sba.gov/contactus/index.html

After you have contacted these offices with your questions I suggest you also post them at http://www.etsy.com/forums_thread.php?thread_id=5963148, a thread that is collecting questions at ETSY so any other members that hadn't thought of that particular set of questions might also ask them of their government officals and CPSIA.


These here are not government sites but they are trying their best to make sensible changes to the poorly written law.

An activism site trying to get Obama's ear on Inauguration Day on what their poll says are the top 10 issues right now :
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia . 1st round of voting ends tonight, second round opens for voting on Jan 5th.

A petition started by http://www.fashion-incubator.com/ is available at :
http://www.ipetitions.com/petition/economicimpactsofCPSIA/

NAM's petition to the CPSIA to reconsider the wording and materials covered by the law:
http://www.toyassociation.org/AM/PDFs/Safety/CPSCPetition1208.pdf . There is a couple of blogs saying if you agree with this letter that you print it, write a cover letter stating you agree with it, and send it to your represenatives and to the CPSC / CPSIA offices before the vote due on Jan 5th.

Blogs for toy makers :
http://www.handmadetoyalliance.org/
http://grecowoodcrafting.wordpress.com/
http://www.challengeandfun.typepad.com/

Blogs for children's clothing, doll clothes, hair bows, and accessory makers :
http://www.fashion-incubator.com
http://www.apparelandfootwear.org/LegislativeTradeNews/ChildrensClothingRegulations.asp

Blogs and groups for anyone interested in this issue :
http://cpsia-central.ning.com/
http://nationalbankruptcyday.com/
http://www.etsy.com/forums_thread.php?thread_id=5935443

There's lot more blogs, news stories, and groups out there following and DOING what they can to get the CPSIA and government to revisit the law and make it so small businesses can flourish in harmony with the lead limits and other restrictions.
I know that I probably missed some groups but the ones above are the ones that I've been actively visiting. Just pick your favorite social site, blog posting host , video viewing site, etc. and type in CPSIA into the search box and just wait to get overwhemled by the number of hits you get for the search.

[Former_Member]

The really need to add some common sense to this law. The details of this thing are absolutely ridiculous.

[Former_Member]

This makes my head spin

[Former_Member]

Woah... wait... So I have to have all of my jewelry tested? Most of my work is semi-precious stones & pearls, but I also have a lot of pendants & always use clasps!

I thought these new laws were just geared toward children's products?! Can I just put a disclaimer in my shop that my products are not intended for use by children under the age of 12? Or does is this testing being required for all products, regardless of their target audience?

[Former_Member]

Thnaks god I live in Canada.
I feel really sorry for those US artists.

[Former_Member]

Okay, sorry, I didn't read this whole thread before posting... This law really is just geared towards childrens' products, but no disclaimer or waiver can really protect me if someone decides that my work does appeal to children.

I think I've gotten that right, but who knows... It seems like I'm hearing different things day in and day out.

So, I'm with you, SimplyThingsbyStacy... This all makes my head spin, too!