Overview of CPSIA Product Testing Requirements

[Former_Member]

Did you know you must meet minimum federal safety requirements before selling your children’s products? It’s true and the law applies to every business – big, small, and even working out of your garage – that sells products in the U.S.

We’re here to help you figure out which parts of the law apply to you and your business. I work for the U.S. Consumer Product Safety Commission (CPSC), the federal safety agency, and my job is to reach out and explain these requirements. We’re here to help you make safe and compliant products. Our services are free.

For makers of children’s products, you almost always must have mandatory testing done & certify your product as compliant. For non-children’s products, you also need to test & certify certain products, for example, adult apparel must comply with flammability requirements.

Where to begin?

You can start at www.cpsc.gov/gettingstarted or, even better, start with our Regulatory Robot at https://business.cpsc.gov. (This was posted in January 2016 and will be updated with new regulations as they are issued.)
You can also find a helpful overview of resources at www.cpsc.gov/desktopguide (pdf). For manufacturers of children’s products, always keep in mind that your goal is to issue a Children’s Product Certificate (CPC) (www.cpsc.gov/cpc) based on passing test results from a CPSC-accepted laboratory. (www.cpsc.gov/labsearch) (You use the model provided above to draft the CPC yourself. You then provide the CPC to your retailers, distributors, and, only upon request, to the government.)

Regulatory requirements vary for each product, the materials used and the product specifications used so there is no "one size fits all" checklist. You have to use the links provided above to figure out which regulations apply to your product. Some testing exceptions are discussed below.

You also must ensure that tracking information (www.cpsc.gov/trackinglabel) is permanently affixed to all children’s products and packaging, if practicable. (For children’s jewelry and other small products, it is probably not practicable due to the size but the info should at least be on the packaging.) Also, you can add the tracking information to existing labels, such as a care and content label you may have for the Federal Trade Commission (FTC.) Tracking labels must comply with the lead limits, but no additional third party testing is required for the labels themselves.

For manufacturers of non-children’s products for which there are consumer product safety rules in place, your goal is to issue a General Certificate of Conformity (GCC) (www.cpsc.gov/gcc) based on actual testing or a reasonable testing program.

Children’s Products: Testing Exceptions Can Save You Money

While children’s products generally require that you test your product at a government-accepted lab (www/cpsc.gov/labsearch) for chemicals and mechanical hazards, there are some helpful testing exceptions available.

For example, testing for lead content in materials such as pure wood, nearly all textiles, certain precious metals and gemstones, and pure (100%) animal and vegetable derived materials is not required. If you design your product using these materials, you can significantly reduce or eliminate costly testing. (The complete list is at 16 CFR 1500.91, link at bottom of message.) You may still need to test for other requirements, like small parts or the toy safety requirement, but this exception may save you some testing costs.

Also, small batch manufacturers – who make fewer than 7,500 units a year and under $1m in revenue and who register with the CPSC, may not need to use a government laboratory to test in certain situations. Your products must always comply and you must still certify their compliance to the federal government. See www.cpsc.gov/smallbatch for the full details.

More Help

If you would like to reach me for particular guidance about your product, please start with the information above. If you need further assistance, please contact me using the “Contact Us” link at www.cpsc.gov/smallbiz and we'll do our best to get back to you soon. (I am not permitted to provide individualized answers on Etsy.com so you’ll need to use the link I provided.) Also, on thewww.cpsc.gov/smallbiz webpage, there are archived presentations (videos) on manufacturing items like doll clothing and cloth diapers for children that are helpful.

Yes, you need to do this.

CPSC does have investigators who monitor internet sales. We think everyone should play by the same rules. Information about non-compliant or potentially dangerous items can be provided to CPSC’s investigators at websafety@cpsc.gov.

I hope this information is helpful. Remember to contact me directly at: www.cpsc.gov/smallbiz/contact with your questions.

While I won't be able to keep up with all of the conversations in this team and on Etsy, I hope that the resources I provide, coupled with the knowledge of your fellow crafters, will make it a little easier to comply and build safe products for your customers.

Best,

Your CPSC Small Business Ombudsman
U.S. Consumer Product Safety Commission

Here is the link for common testing exceptions for lead content, 16 CFR 1500.91:
www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=fe793e5c557c5389ff11646309...

Connect With Us On:

Twitter (@CPSCSmallBiz) Frequent Regulatory and Commission Updates
Slideshare.net/USCPSC Educational Presentations
SaferProducts.gov Monitor Consumer Reports of Potential Safety Issues


Disclaimer:
This communication has been prepared for general informational purposes only and is based upon the facts and information presented. This communication does not, and is not intended to, constitute legal advice and has not been reviewed or approved by the Commission, and does not necessarily represent their views. Any views expressed in this communication may be changed or superseded by the Commission.

[Former_Member]

Only just heard of Neal Cohen's departure! So sad. I hope his replacement will be as good, actually answering people's phone calls, working with them and also pushing for the Regulatory Robot which is such a helpful tool!
Thank you Neal.

[Former_Member]

Where does one send an item to be tested? It just says a test lab and I cannot find anywhere to send items in to be tested

[FayeMaloneDesigns]

https://www.cpsc.gov/cgi-bin/labsearch/

You can find one on this list that meets your needs and price. You will need to contact them yourself. Many have a website that you can find further information on what they are capable of testing for you.

[IndigoStudioVINTAGE]

Thank you so much for posting this- very helpful.

[Former_Member]

Hello, I am a very small baby bow shop that opened in July and was made aware of the need to be compliant last night. Needless to say I was instantly worried. I did complete my small batch manufacturer enrollment today & already have my registration number. That being said, how do I know if any of my products need actual testing. I see there is a Group A that includes small items that can be considered a choking hazard that does require testing but what do they consider small? A marble? My bows are either attached to a nylon headband or an alligator clip.

Any suggestions? All this info is very overwhelming.

Thanks!

[Former_Member]

I should point out most bows are 3" wide & I have a few small ones at 1 1/2' wide. All bows are made from fabric and the headbands I use are nylon material.

Thanks!

[FayeMaloneDesigns]

Laurel,


Yes, a marble would definitely be considered a small part.
You can find a small parts tube tester at many of the large chain pharmacies. or perhaps at the Dr. office. While you do not have to physically test for small parts under group A, you may not sell anything that has small parts that could come loose and a child could swallow. So, knowing and understanding all the parts of the law that may cover your product is essential. The law allows that buttons and regular barrettes need to be small to work, buttons must be sewn on securely so that they do not come off under normal use. If they do, your dress must be recalled. Glue jewels on a barrette and they come off- recall.

Same with all the other items in group A. You may source from a supplier that gives you a cheap price. But can you be 100% sure that the supplies are truly compliant? Can the supplier show you testing information? Send you a certificate of compliance?

[Former_Member]

So stressful! I was hoping to find a complete list of Exempted materials but i have yet to get so lucky... I work mostly with Yarn but also enjoy to do quilting and sew infant dresses that might include a button, or zipper is there a list?

[FayeMaloneDesigns]

http://www.ecfr.gov/cgi-bin/text-idx?SID=3e7636d98dae34c20e70cc20b4522f76&node=16:2.0.1.3.79.0.1.37&...

[Former_Member]

This sounds so much complicated? I am sewing dresses and bows too. I do not know what exactly to do.

[Former_Member]

Eugenia - I completely agree. I wonder if there's a simple, to the point tutorial or check sheet. I've been asked more than once or twice to sew for other people's children and grandchildren, and the burden of CPSIA compliance keeps me from moving forward. The expense of labels alone for all of it keeps me from setting up an Etsy shop and selling. I use fabrics that I know are compliant, snaps that are compliant, zippers that are from a major manufacturer, and I don't know about buttons. If I embroider with my embroidery machine, I wonder if I'd have to document every bit of stabilizer, every piece of thread, every scrap of appliqué fabric. Now, I'm getting a headache just thinking about it, but I sure would love to sew to sell.

[daisyluckey]

I have registered and have my sbm number. I've looked at the website but am very confused as to what I need to get my items tested for.

I sell baby toys, hat and soon blankets. They are 100% cotton yarn, the toys have polyfil in them, some toys have safety eyes (they have washers that keep them from coming out). The hats and blankets are made of 100% cotton yarn, some hats will have buttons that I fasten on.

[Former_Member]

A checklist would be so helpful. I have researched that fabric ( not painted) is free from testing as well as 100 % animal or veg products.

I make stuffed toys and wonder if anyone has found a company that supplies the safety eyes that will provide a certificate of compliance so that we would not need to do all that testing. ( A group purchase could save us a lot of time and agony !!! )

[daisyluckey]

I still am unsure on what I need to get test for. I use 100% cotton yarn, polyfil, safety eyes and 16mm buttons.

The website is confusing and I have no idea what I'm doing.

[TheWelling]

I make baby bloomers/diaper covers. I use 100% cotton, elastic, and thread. From all my reading and research, I believe these items are exempt from testing. I will be calling Ombudsman Tuesday to confirm. Though I will still have to deal with labeling.

[FayeMaloneDesigns]

Lisa, Are you using snaps on your diaper covers? If you are you need testing certificates from your supplier. Otherwise, yes the other materials you list are exempt from testing. Still do register as a small batch manufacturer, it's free, and if you ever desire to expand your products you would be exempt from testing for most materials. Labeling isn't that hard, I get my FTC labels from NWTag.com. I use their stock woven ribbon labels, and since I use 99% cotton, I only need 1 type. I did get a few that say dry clean only for specialty items. Your tracking labels will also be needed. I had mine printed by Spoonflower on Kona cotton. I paid about $17 for 1 yard which give me 300 labels, that I use pinking shears to cut as needed. I think when I reorder I'll use cotton knit If you need more information about labeling. just ask.

[BewitchinStitchinRVA]

Hi. I actually worked on a major Pharmaceutical core team when this law was first enacted for over-the-counter drugs. I am very familiar with the requirements for ingestible products,however, I fid not realize until a few days ago that most items for children have their own set of CPSIA standards. I totally understand the reasons, but need some help with the safety and labeling requirements as I have only been selling for about 6 months.

My first children's clothing item was pillowcase dresses. I don't sell that many on Etsy, but have sold quite a few at craft shows. If I am reading the guidelines correctly, it appears that the majority of Etsy sellers are out of compliance with the neckline ribbon closures, including me. Does anyone out there know of a workaround that would make these dresses compliant without ruining the asthetics of the dress?

I have registered as a Small Batch Manufacturer and will be updating my products to meet CPSIA and FTC requirements. I would never want to make or sell any product that could injure or kill a child. Plus, CPSIA fines can be very steep.

Thank you so much.

[FayeMaloneDesigns]

Sheila,

You are so very right about compliance with bows. I try to follow the guidelines as enumerated in the following safety compliance manual from Nordstom I found thru a simple search on the internet.

http://www.nordstromsupplier.com/npg/productintegrity.html

Scroll down to the children's section and you will find several PDF's that are good references to children's safety guidelines. Follow these and you should be able to design your pillowcase style dresses to meet a much better safety standard. The long sashes and ribbons are unsafe even though the are cute.

[Former_Member]

Hello,

I just found out that I need to comply with certain regulations the other day and am currently feeling quite overwhelmed. I sell baby booties and hoping to start selling baby bloomers. Everything I sell is made from cotton, fleece, elastic, Velcro and plastic snaps that have been tested to CPSIA standers. From what I've read I need to register as a small batch manufacturer. I don't need to have my products tested but will need to obtain a certificate of compliance from the snap manufacturer. I think I also need to do something with Labeling though I'm not sure what the labels need to say and how to apply them to my booties (most of them are small and a label would be awkward). I believe that's all that is required to be complaint, is that right?

Thank you so much for any help!

[FayeMaloneDesigns]

Jessica, You have a pretty good grasp of what you need to do. Yes, your snaps need a testing certificate of compliance, but you also need one for the non skid fabric used on the soles. Testing for lead and phthalates. Originally, the non skid fabric failed testing for phthalates, which is used in the plasticizers in the dots. If they have been reformulated so that this is not an issue you will need to have that paperwork. if not you will need to have a piece tested.

[Former_Member]

Thank you so much Beverly! I completely forgot about the anti skid fabric! I'll look into that one. As far as labeling goes what exactly am I expected to put on the labels and am I allowed to get it put on stickers and stick it to the interior of the shipping box? I simply wrap my booties in tissue paper and ship them in a cardboard box so there's really no "packaging". Or do I have to figure out a way to attach the label to the bootie?

[FayeMaloneDesigns]

Since your booties are small, you can have your label information on a card, and then attach that to you booties. I attach a hangtag with a hole punched it the top . by a small ribbon and a little gold safety pin. Since I make clothing, I have my FTC and CPSIA labels sewn in to the clothing, My hangtags have my branding information.

You label need s to have "

Littlebootieboutique (URL either you Etsy or personal dot com)
City, state, USA
Handmade of imported
and/or domestic fabric
Date of manufacture

[Former_Member]

Oh! okay thank you!

One more thing, do I have to write up a CPC for each of my items?

[FayeMaloneDesigns]

Not for each, one CPC should cover all your booties of the same style, using the same materials, (not prints)