Making childrens clothes

[Former_Member]

I have been making some kids clothes lately, one has been brought to my attention because it has gems on it. As I'm reading into the CPSIA, I have a question. If I'm making clothes without gems or any kind of applique can that be exempt?

[Former_Member]

I read the site and it said that fabric and trim are okay. But what qualifies as trim? What about the elastic in the waistband of a skirt or pants?

[knitwit4ever]

Fabric, thread and yarns are exempt; vinyl/plastic, metal, glass, coated wood, anything painted are not, as are many other things.

Clothing made with only fabric and thread are probably exempt. Snaps, buttons, zippers, trims using other materials change that status.

For something specific like elastic, search these threads and/or the CPSC sites for guidance.

[Former_Member]

Just keep in mind too, that things on the exemption list are exempt from testing but NOT from the labeling laws. It's a lot to wade through, but well worth the research.

[Former_Member]

There is an extensive list of items that are exempt from the lead testing found at
http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf . Most fabrics as long as they don't contain screen printed patterns, vinyl based fiber, or metalic looking threads are exempt. These items can be used in combination with each other to create a new product and still remain exempt from lead testing - example a wood button sealed with beeswax would still be exempt but a wood button sealed with non-toxic clear varnish would require test certificates. Remember this supply exemption list is only for the lead testing; product catergories or items for certain age groups would still need phthalate and small parts testing. So using the beeswax coated wood button would need additional testing if it is on a sleeper for a toddler since items for children 3 & under need small parts testing and items that aid in the care of, feeding of, or the sleeping of a child 3 & under need testing for the 6 banned phthalates. While the same button used on a size 16 jumper is considered exempt from further testing because most children that wear that size are over 3 yrs old thus above the threshold for phthalate or small parts testing on a clothing product. All children 13 & under items require a tracking label in addition to any product specific labels such as FTC care & content or the CPSC small parts warning label if the item is meant for a child over 3 but under 7 that contain pieces that would fail the small parts testing for a younger child.

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

An update on the stay of 3rd party testing
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10083.html

Webcasts for the 2 day public workshops in Dec 2009
http://www.cpsc.gov/about/cpsia/cpsiatesting.html

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

Information on how this law is retro-active http://www.cpsc.gov/library/foia/advisory/317.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

Here's info about small parts warnings and how they should appear in your listings / ads
http://www.cpsc.gov/LIBRARY/FOIA/FOIA08/brief/toygameads.pdf
page 19 of the PDF has the abbreviations & page 20 of the PDF has the warning examples are in black-n-white but I believe they need to be in certain colors on the actual label for the physical product.
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 fabric and fiber items
FTC Labeling requirements
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm#covered
Examples of FTC labels (about 3/4 of the way down the page)
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm

[Former_Member]

thank you so much!

[TwilightStarOracle]

Dharma Trading company offers kid-friendly gems http://dharmatrading.com/html/eng/7893541-AA.shtml?lnav=tools.html

It clearly says CPSIA approved for kids 12 and under however not recomended for kids clothes of kids 3 and under

[TwilightStarOracle]

OOh good news, according to CPSIA all the materials I use for my dolls are CPSIA approved :o

http://cpsia-compliance.blogspot.com/2009/02/cpsia-approved-materials.html

look it has a list :D

[Former_Member]

Keep in mind regardless of a general statement from a supplier vendor or manufacturer you will still need a copy of any non-exempt raw material's GCCs with the lead content stated in PPMs and the test results must be from an a pre-approved 3rd party lab. This is according to an update on the stay of 3rd party testing
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10083.html .


"Component Testing Adds Flexibility to Compliance

Significant to domestic manufacturers, crafters and U.S. importers, the Commission has also voted unanimously (5-0) to adopt an interim enforcement policy allowing component part testing. Under this policy, domestic manufacturers and importers now have a choice in certifying their products. As before, they can send samples of the entire children’s product out for independent third party testing. Now they can certify their products as meeting lead paint and lead content limits in the following ways:

Lead in Paint
Have test reports from recognized independent third party testing labs showing that each paint on the product complies with the 90 ppm lead paint limit.

OR

Have certificates from paint suppliers declaring that all their paint on the product complies with the 90 ppm lead limit based on testing by recognized independent third party testing laboratories.

Lead content

Have test reports from recognized independent third-party testing labs showing that each of the accessible component parts on the product complies with the 300 ppm lead limit.

OR

Have certificates from part suppliers declaring that all accessible component parts on the product comply with the 300 ppm lead limit based on testing by recognized independent third party testing laboratories.

Most fasteners, such as buttons, zippers, and screws, sold by themselves are not considered children’s products and would not have to comply with the lead limits or be certified. However, the same fasteners must meet the lead limits if they are used on a children’s product. Voluntary certification by suppliers of component parts would make them more beneficial to manufacturers who use them in children’s products.

Any person who issues a false certificate is subject to penalties.

CPSC is working to provide manufacturers and importers with clarity on the Consumer Product Safety Improvement Act (CPSIA) and their responsibilities to comply with the law. The agency intends to implement the law in a firm but fair manner in order to build consumer confidence, keep children safe and keep businesses open and competitive.

While the stay of enforcement remains in effect for the certification and testing requirements for certain products, all products must comply with the safety standards and bans of the law, including the limits for lead content, lead paint, the ban on certain phthalates and the ASTM F-963 mandatory toy standard."