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

[#1]

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.

[Former_Member]

AchAchLiebling ... Yes, I know they were mass produced. The point of using those photos were they are the ones that a consumer advocacy groups just walked into stores and PICKED OUT as being CHILDREN's jewelry and had a news story that followed tha treported on them. The group then purchased multiple pieces & had them tested & only reported on the those particular items to the government who is fining the companies under the CA lead in jewelry law. If you noticed some of the pictures were removed from the middle, from what I heard they had to because after the government tested the missing styles those styles proved to have an acceptable level and leaving the pics up is the same as making liable statement.

[meredithdillman]

the problem is so many people think cute = for kids when we didn't intend it that way. Most of the popular illustrators on Etsy do cute work. A lots of the graphics on pendants for adults are cute. Clay jewelry is cute. So if you paint of use anime, cute animals, fantasy art, fairies, cartoons etc you couldn't possibly be marketing to adults.

Idiotic.

[Former_Member]

Im gonna come back and read all of this in a few.

I make about $800 a month selling my baby/childrens jewelry via different outlets...it makes up about 65% of my monthly sales.
my life is about to change and im livid over this, as most of you are.

[Former_Member]

Is it "illegal" to post that the jewelry is not intended for children under 12? I've seen that often with other items, so why would jewelry be exempt? There really is a more critical issue of a choking hazard (especially with young children) so it would be a legitimate reason -- kawaii or not.

[Former_Member]

You can not fight the system, sooner or later the government will get what it wants, so I would have to stop selling children's jewelry to US.

[Former_Member]

I am so frustrated and confused by all of this... marking to reread.

[alisonkelleydesigns]

This went into effect in California last year. Do not be afraid of what they say. I went on that roller coaster ride and finally got off it.

If you sell jewelry designed for children you just need to make sure that your supplier stats what is in the materials that you purchase. They are just as responsible in selling you lead free products as you are in make lead free products.

There are different categories of items that are exempt, for instance sterling silver is considered 100% safe. Also if you do have an item and you know what the lead content is, if that content falls below what the allowable amount is then you are fine, you just have to simply state the lead content amount.

Most reputable companies that sell metal or crystal now state if items they sell have lead in them. They are all pretty much doing this because of California state rules that went into effect last year. If you're familiar with Fire Mountain Gems you can see that they too state if their pewter items are lead free or not.

This is what I remember off the top of my head. I'll try to see if I can't find my original information.

[Former_Member]

Marking for later

[Former_Member]

"contact the CPSIA and urge them to seriously consider allowing us to use supplier provided testing certificates. "

I don't understand this...I'm thinking it means that even if Fire Mountain Gems says you are buying sterling silver, it is up to you to prove it, according to the CPSIA.

This is rather backwards. Snce when is it up to the consumer to prove that a suppliers good are up to par?

Or did I totally read that wrong?

[Former_Member]

Oh my this is a lot of reading. I do agree it is for children under 12.

[RachelRose]

Faeriedtreasures says:
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.
--------------------------------------------------------
I have the same problem with my kawaii jewelry, it is aimed at older teens and young adults, but I pulled it all because I don't want to deal with this mess.

Sad for me and Rose as my Yuki items are to be in Shojo Beat magazine soon. Now, whoever goes to my etsy page will find no chibi items:( Sucks:/

[Former_Member]

In recent comments from CPSC who the items are marketed to will be a factor in determining if an item comes under the restrictions of CPSIA. In other words, if you sell jewelry that is not specifically designed for children under 12 and market it to adults and not children then it should not be considered a children's item.

[Former_Member]

DjinnGlass says:
"contact the CPSIA and urge them to seriously consider allowing us to use supplier provided testing certificates. "

I don't understand this...I'm thinking it means that even if Fire Mountain Gems says you are buying sterling silver, it is up to you to prove it, according to the CPSIA.
__________________________________

You did not read it wrong. The law as written says you must test the end product even if the materials used to make it have all been tested and approved.

The reform bills before both Houses of Congress would change this - but these bills are going nowhere fast.

Write your Senators and Congressman and tell them to support the reform bills and push them out of committee and onto the Floor!

[Former_Member]

omg! this so bad.

[Former_Member]

Well...with all that testing then all of us with our small businesses should get the tax cuts that the huge corporations get and the benefits afforded to the imported goods.

This is nuts.

[Former_Member]

jewelrydesignsbyME says:
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.


---first of all, i know very little about this issue, but when i saw this posting, i was wondering - WHO IS GOING TO MONITOR all this insanity? if i'm wrong, let me know but the gist of the law is in response to all the (foreign) lead stuff that hit US shelves this past year? how about we focus on that supply source first and foremost, not go back in time and waste money, effort and drama on aunt jo's hand me down toy?!

okay, off to work...

[Former_Member]

crazybeads ...
as to whom is going to monitor the law the CPSIA law gives power to :
1) the CPSC field investigators and office personel
2) the each State's Attorney General and any state agency they wish to designate to monitor the products sold in their states can investigate & report on items that they test that are in violation to the CPSC for more detailed scrutiny or testing.
3) any citizen can anonymously report, on an open public website no less (which at the moment is not set up yet), any item that they THINK could be in violation to the CPSC, forcing the government to start an investigate of the producer within 30 days of the report.
Now remember that a violation can be as simple as having the wrong font or colors on the soon to be required permanently affixed care/content/safety labels.

As for the all those foriegn made items that had the lead recalls in 2007, it is quite possible that this was the rallying point that the various consumer watchdog groups used to push this bill into law. Though the way the final law was written it wound up including just about everything under the sun that is made with children 12 and under in mind. The same watchdog groups were also the ones that pushed that the law be retroactive on those products for children, thus making it illegal for "aunt jo" to donate or sell that gently used toy (though it MIGHT be OK for her to pass it along within the family).

=========================================================

There have been updates and proposed exemptions, but they are not final, I suggest that you check here fequently http://cpsc.gov/about/cpsia/smbus/cpsiasbguide.html . As of right now if your items are made exclusively of exempt materials than you will not need to retest the finished jewelry by 4-20-09 for lead though you might need the small parts testing or warnings. But once you add a single component that is not on the list then the entire piece will have to be tested by a CPSC approved lab. So Sterling Silver clasp + SS crimps + silk threading + rose quartz beads are OK, but Sterling Silver clasp + SS crimps + acculon wire + rose quartz beads would need testing for lead.
There are now 34 labs listed as being here in the USA out of the 133 total, but not all of the labs can test jewelry, and all of those that can test jewelry may not be accredited to do the small parts testing if needed.


(And IMHO the law both went too far, banning items that never had lead, requiring expensive destructive testing, & labeling on items that should not need permanent tags; and not far enough, such as not requiring landlords to test their properties for lead & other toxin prior to renting to anyone.)

[Former_Member]

So now, let me ask another question,

I see a bunch of threads here showing how to get supplier certificats, certificates of analysis....

Do these certificates only 'not' count for jewlery, or are the people who are getting these certificats still not protected?

[Former_Member]

DjinnGlass ...
See Table A: Compliance and Testing Timetable at http://cpsc.gov/about/cpsia/smbus/manufacturers.html#q4 . Jewelry and some other items are not covered by the stay. Then read "For testing and certification of children’s products that are required now (for example, lead paint and small parts), what do I need to do?" on the same document. It sort of negates jewelry designers from being able to use any type of certifications from our suplliers. Once other product types are off the stay then the other artisans will need to do the 3rd party testing as well.

[HandmadeWhimzy]

When you type in "children's jewelry" in the search above, you get 549 pages of items. Does that mean that all the makers of these products are having them tested?

[Former_Member]

Good grief, I'm so sorry for you all that are affected by this.
I didn't realize there was such an epidemic of lead poisoning going on in the US. ha ha ha.

No, seriously though, I can only imagine the lead-tainted paint scare led to this, which is bordering on utterly ludicrous.

I'm up to my elbows in lead 40 hours a week....its litterly my job to manipulate and solder with lead....last year there was a pergnant woman working with us....we had tons of tests done all around our workplace, and it was deemed safe enough for her to work there...in fact she started her manernity leave early due to lifting things that might be too heavy....and not the lead exposure.

This is a very extreme reaction. What is the goverment trying to distract you from the recession or something? This smacks of scare tactic.
Again, I'm sorry to those whose lives are changed by this, and I wish you success no matter what.

[Former_Member]

HandmadeWhimzy ...
No it does not mean that all of these artisans are having their items tested. Many people still do not know about the law or that it even applies to handmade, others that do know the law exists think incorrectly the stay or COCs covers them, others are using exempt materials, and perhaps a few may of tested but not neccessarily with an accredited lab.

[HandmadeWhimzy]

This is so sad.

I pulled all the children's items I had out of my shop in Feb.

However, if someone buys something I made and gives it to their 8 year old, I have no control over that.

[Former_Member]

How much do you have to sell to be eligible?

[UniqueDesignedJewels]

Marking, thanks.