Overview of CPSIA Product Testing Requirements

[#1]

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]

Thank you so much Beverly! You are a god send!

[MarKatKnitNCrochet]

Wondering... If I choose to use purchased buttons on children's products (sweaters, hats) I know I need to have them tested for lead content, but do I need to also test for the phthalates?

[FayeMaloneDesigns]

Phalates are used to make plastics pliable, so since buttons are not used for feeding or sleeping, no. Go with the blumenthal lansing company buttons. They have numerous lines. Contact them and ask which buttons have been tested and can be used for children's products. Before you use them, be sure to register so you can use vendor testing certificates of compliance.

[xxWILDANDMExx]

I am so overwhelmed right now. I simply was looking into putting up a disclaimer for my items I sell, and now joining this team and reading through, I am realizing how much more I need to do. I sell blankets, crib sheets, fabric booties for infants, and crinkle loveys out of fabric, crinkle paper and ribbon. These compliance regulations are scaring me and making me want to go out of business... it just seems very confusing and involved. I already hardly break even on my products. Tag printing, sending out samples to be tested... this sounds expensive. The linkage is confusing on regulations and what to do. Please someone put this in black and white for me.

[xxWILDANDMExx]

Also, if I obtain certificates of compliance on say, a fabric i'm using, what do I do with it? Just keep it in case i'm asked about it? Send every customer a copy? What exactly do I need to be sending to each customer with my product? Ugh, whatever happened to the innocence of making your friend a baby blanket, with fabric you buy at the fabric store? They should make this easier to protect everyone.

[FayeMaloneDesigns]

Kristi,

Step 1. Remove your Taggy item. Do no know it's a patented for the style and trademarked for the name?? The company that owns this is vigilant in protecting and you can have a DMCA takedown cease and desist notice. Serves as a strike against you from Etsy.

Step 2. Sign up as a Small Batch Manufacture at Saferproducts.gov. By doing this you will have additional exemptions from testing. Without doing so, you will definitely need more compliance paperwork from your suppliers.

Step 3, You will need to order labels, both CPSIA and FTC labeling. All Children's products need CPSIA and almost all textiles need FTC labels. Please go to the links pinned for the FTC labeling, copy both off and find your products on them. Underline or highlight them and read how you will need to label with country of origin and care (washing instructions). This information can be combined and put on the CPSIA tracking label.

Start with the above 3 things, and then come back and start a new thread (not on this one) down below, and we will go from there. It's really not as bad as you think IF you are registered.

[xxWILDANDMExx]

I just tried to register and this is the email I recieved:
Dear Business Account Requester:

Thank you for your request for a Business Portal account with the U.S. Consumer Product Safety Commission’s (CPSC) Publicly Available Consumer Product Safety Information Database (Database).

Your request for a Business Portal account cannot be completed because CPSC cannot validate that your product is within the CPSC jurisdiction. The CPSC will complete your request if you send the following information on company letterhead:


· Your name, job title, address, telephone number, email address; and
· A signed statement certifying that (a) your company is a manufacturer, importer, or private labeler of a consumer product or other substance over which the CPSC has jurisdiction, and (b) you are authorized to receive and comment on Reports on behalf of the company.[1]

You may direct your response to the U.S Consumer Product Safety Commission, National Injury Information Clearinghouse, Business Account Verification:

By email: clearinghouse@cpsc.gov
By Facsimile: 855-221-6466
By Mail: 4330 East West Hwy., Room 820, ATTN: Business Account Verification, Bethesda, MD 20814.


Regards,

U.S. Consumer Product Safety Commission
Directorate for Epidemiology - Data Systems Division

[xxWILDANDMExx]

Thanks for the info Beverly. WOW. So, you can't make anything with crinkle paper, or just the square design with tags?

[FayeMaloneDesigns]

The patent is on looped ribbon sewn between fabric. Their patent covers animals with loops, and blankets and the like. And they are fierce I know there are still people who list their version, but there are many threads will those who have had their items pulled for infringement.
U.S. Patent No. RE38782, I think they now have several patents. There are many, many things that they make with the looped ribbons. And they use other designers to make toys in their collections.

[MarKatKnitNCrochet]

Thank you Beverly, I am registered already but currently hand make our buttons. I will definitely check into the button company you suggest!

[FayeMaloneDesigns]

Kristi, just follow their directions. You are a manufacturer, not a retailer or importer.

[Former_Member]

I was planning to launch by etsy store in April and just now found out about these requirements. I did the "robot" on the CPSIA website but it's so confusing and I really have no idea what it all means. I am listing below what I am selling, does anyone know if I am safe to sell these items? Please and thank you.

- bamboo rayon baby blanket with wood teething ring (no small parts)
- organic cotton gauze baby blanket
- organic cotton gauze baby romper (it has snaps and buttons)
- bamboo gauze baby romper (it has snaps and buttons)
- solid untreated maple wood shapes, no small parts no moveable parts
- knit wool bonnets and hats (bonnet does have a tie at neck)
- silicone and wood beaded pacifier clip on nylon cord (all materials have tested by my supplier and i have test paperwork), has a metal pacifier/suspender clip at one end
- FOR MOM, not meant to be worn by baby, silicone and wood beaded teething necklace on nylon cord (all materials have tested by my supplier and i have test paperwork)

In general, most of my materials are natural fibers and all of my plastics (nylon cord, plastic clasp and silicone beads) have been tested by my supplier. So am I OK to proceed to selling? I do have fabric lables for my blankets and clothing items however they only have my company name and wash instructions. I suppose I need to add an RN # and content/COO. Please any input would be great! thank you.

[FayeMaloneDesigns]

the first thing to do is register as a small batch manufacturer at Saferproducts.gov. Is you get a letter back saying they can determine if you are eligible, follow their directions. Kristi Bell at the top of this page (4) had the same issue, When you get your number back, keep it in a safe place as you will need it for your Certificates of Compliance. The number does not go on your labels.

You do not need an RN# it is a number for FTC registration, Federal Trade Commission, We are dealing with them for textiles but this law the CPSIA is the Consumer Product Safety Commission a different agency with their own regulations (think the senate and the house same government different body, different rules)

Yes you will need labels with tracking information and the FTC information. You can combine them or use 2 labels. Your tracking labels must have your company name and/or dot com, your city, state, USA and the date of manufacture. Depending on the size of you production, batch and cohort numbers may be needed.

Your wood items will also need to be labeled, it's hard to make suggestions for them as I don't see any in your store, so don't know the sizes or how you plan to sell them, or what they are for. Teething and rattles have their own sets of rules, and must have drop tests. any finishes on the wood must either be on the exemp lists or tested.

Your pacifier clip should be no longer that 22cm in length to prevent strangulation hazards. I have seen some here on Etsy that are definitely unsafe.

Your textile products are pretty straightforward as the textiles are exempt and if you are registered then can use those testing certificates from your suppliers as long as they are current and not over 2 years old. All suppliers and manufacturers are to make regular periodic tests and retests of their products.

[Former_Member]

Thank you for your reply Beverly. Yes, I have registered as a Small Batch Manufacture, waiting for reply. Noted about the RN# and tracking label.

I currently haven't' listed anything because I'm afraid to after reading this thread. I want to be up to par with the regulations. My smallest wood item is about 3"x3" and biggest 6"x6". I plan to sell them as wood teething/ wood gripping toys. How do I go about getting a drop test done? I know it's 3rd party but I don't know who to contact. The wood finish is beeswax and coconut oil.

All paci clips are under 18cm length, I do not carry the scary "stroller clips" over.

What about the snaps/button on my clothing? I do not have supplier testing on them. Will I need to test? If so, who's the 3rd party?

I REALLY appreciate this, more than you know!

[FayeMaloneDesigns]

If you use Kam snaps you can get a testing certificate from them, Any one else, you need to write them and ask. buttons try Blumenthal Lansing. they make tons of button lines. They should be able to have some information on their buttons.

The CPSC has a list of registered testing labs. You can find the link thru the Ombudsman's posts at the beginning of this thread. Or have you done a search on these discussion threads? Go back to the Main discussion topics and the search bar is at the top.

[kikisjewelrybox]

Hi all,

I read some of the threads but I find this all complicated. I make and sell jewelry to adults and children and recently realized a product's warning stating it may cause cancer, may have lead and not for children under 15. The company said there products are fine though. This made me do some research and has led me to this thread.

Now I am wondering how much time and cost its going to be to test all my jewelry or the materials I use. Can I just use what's on the label? I live in a town that has many children to which I would like to sell at events too. Is there an easy way of determining what I can use and what I can not use for children and adults? I'm not understanding the chart that shows exemptions. Also, do I have to have a compliance certificate to sell to children or adults? I have a business license. Is that enough?

Thank you, Karen

[kikisjewelrybox]

Is this a list of what you can or can not use?

https://www.ecfr.gov/cgi-bin/text-idx?SID=455595d1c292784188091ad2af053dca&mc=true&node=se16.2.1500_...

[NatureinThings]

I haven't had luck with getting a response from CPSC for regulations.

For simplicity sake, would a product be within regulations if made from public regulated entities. For instance, using a Onsie and adding something unique to it, embroidery, lace or material from Joann fabrics for example?

[BabyBliss7lbs]

Does anyone know anything about organic lead free wood teething rings?

[kbwonders]

Hello. We are struggling with locating the exact labels and templates for labels required for the current soft baby carriers compliance requirements. Does anyone know a small business consultant that we can work with to help us with determining what permanent labels we need to affix to the soft carriers? As I understand testing goes into affect in January so we just need to figure out the labeling. Thx

[Former_Member]

I just found out about cpsia and am feelIng so lost. From what I am reading I believe all of my materials are compliant without testing. I use cotton, elastic, polyester thread, stretch denim, cotton jersey knit, and buttons. I'm unsure as to testing for buttons??? Also, a great deal of my clothes are reversible so I'm wondering on a cardstock tag pinnned to with a ribbon would be acceptable? I do wonder as well what all I need to have listed on my tag. TIA

[FayeMaloneDesigns]

Tina,

If your garment is reversible, like a dress, or only the top, then a hangtag would be acceptable. If you make bloomers, shorts or pants to go with the top or dress, then the labeling would go on the back waistband of the bottoms.

Buttons, unless they are metal, or phoney pearls, and rhinestones, are made of acrylic plastics and are safe. Old vintage buttons shouldn't be used. Just be sure that they are sewn on securely and can't be pulled off. Sew them on well by hand, machine sewn buttons can come off easily.

You need both the FTC information for fiber content, country of origin, and care. You can combine this with your tracking information or use separate FTC tags. You tracking labels must have information where the customer can contact you, your city, state, USA and have your date of manufacture of the item.

Even if ll your materials are compliant you still need to keep records and make out a COC with all the regulations that cover your product and why you comply with each regulation.

Have you signed up as a Small Batch Manufacture at Saferproducts.com? This covers you for many of your exemptions as the reason from testing

[Former_Member]

My buttons are always hand sewn. What is a COC. Also, I am in the midst of signing up for SBM, and trying to quickly remidy proper labeling/tagging. I just found out about all of this yesterday.

[Former_Member]

Also, jussi so I make sure I'm understanding labeling must have:
Material
Where material/garment were made
Care instructions ???

What is a tracking label as well?

[Former_Member]

I have been trying to do my due diligence in making sure my new shop complies with all of the regulations before I open. I understand I would qualify as a small batch manufacturer given the projected profit amount and number of units made. As suggested, I utilized the Robot and have read a number of these threads. I am in the process of registering with the site so I can apply as a small batch manufacturer. I see that is what is consistently suggested here. My question is this ... in order to meet their requirements (profit and number of units sold), do you not have to show proof from last year? I saw one poster copy and paste a reply from CPSIA advising they could not identify her business as a such. One cannot do that if they have not yet opened and are without numbers for the prior year. If they will not verify you as being a small batch manufacturer, then what do businesses such as mine do in the interim?