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...

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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.

[FayeMaloneDesigns]

Kelli,

When the gov made the SBM registry in 2011, they had no idea how many cottage businesses existed. Some of the gov definitions of small business are those that have 500 employees. SOOO, I called them and explained, and they worked out a system for us micro businesses. Also. the $1mil is not profit, its gross sales, before expenses.

Just follow their directions. DO not use your Etsy convo system email as you contact email. Either use your personal email or set up an email with your business name. They need to have a real contact person they can get ahold of if needed. You are a manufacturer, not a retailer or importer, You are the owner of the company FurBabyFrouFrou. Almost everyone gets this letter. just follow the directions and give them the information they ask for. print it out, sign and then either scan and send back with signature or mail

[Former_Member]

Thank you, Beverly! I have a separate email set up for my new business. As an aside, FurbabyFrouFrou is a separate entity (pet boutique). I'm making my way through the various threads and making notes where appropriate.

[Former_Member]

I FINALLY found something.
"Flammable Fabrics Act
Title 15, United States Code, Chapter 25, Sections 1191-1204
The Flammable Fabric Act prohibits the manufacture for sale, the sale, or the offering for sale,
in commerce, or the importation into the United States, or the introduction, delivery for
introduction, transportation or causing to be transported, in commerce, or the sale or delivery
after a sale or shipment in commerce of any product, fabric, or related material which fails to
conform to flammability standards or regulations issued under this Act. Standards have been
established for the flammability of clothing textiles, vinyl plastic film (used in clothing), carpets
and rugs, children's sleepwear, and mattresses and mattress pads.
This Act is applicable to all fabric, which is defined in the Act as “any material (except fiber,
filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from
or in combination with any natural or synthetic fiber, film, or substitute thereof which is
intended for use or which may reasonably be expected to be used, in any article of wearing
apparel or interior furnishing.”
For more detailed information,"

Does that mean that all of the fabrics being sold in the US by a US retailer have been tested for the flammability?

[Former_Member]

I would like to know about the flammanility issue that Shannon asked above.

[FayeMaloneDesigns]

Are you asking if all fabrics have been tested for flammability sold in the USA? Or did you have another question about flammability?

[RaggedyMenagerie]

I am so overwhelmed. I checked out the websites and the safety commission. But I feel like I'm just so out of my head about it, I don't know where to start.

The problem is I don't mass produce anything. Even if I paid to have the commission certify my product, the next one would be 100% different. They are all hand made, all one of a kind.

I make baby rattles out of Padauk, cherry, walnut or maple wood (which I saw in the original post does not need to be tested for lead. I treat it with a professional food grade (wood butcher block/cutting board conditioner) mix of mineral oil and bees wax (and nothing else. No stain, no paint, nothing. The mixture I use is already a legitimate company certified for safety, and sold in stores.

It says that I need to be compliant on small parts. Now, NOT ONE of my rattles are small enough for a baby to swallow. They put them in their mouths, obviously, but as a whole the aren't small enough. They DO contain captive rings. There is literally NO RISK of the rings slipping off. If that were the case, they would slip off the minute they came off the lathe. However, if a child were to drop it from a high distance (for example, like a high chair, or while being held by a standing adult, etc.) and the ring broke (which in my experience has never happened, and no one has ever told me about this happening with my rattles , but the possibility is there still) It COULD potentially be a choking hazard. I have done hours and hours and hours (ad nauseam) to make sure I'm using woods that are safe, hard, and very unlikely to break and be brittle, and that the finish I use is 100% safe for a baby when they put the toy in their mouth. So I'm dead certain that the ONLY question there may be is the safety of the rings.

I am not sure what to do or where to go from here. Does every new rattle need to be inspected and certified? How would that even work? I sell like one rattle a week right now. (30.00) how in the world would I even pay for it?

Also, all my listings suggest parental supervision when using the rattles, and do talk about the safety of my products. Where do I go from here?

[BewitchinStitchinRVA]

I am thinking of adding bow ties for children to my shop. I have not been able to find anything specific to bow ties on the CPSIA website or thru web searches. I am looking for specific guidance on construction and how to safely attach to the child’s shirt. I have noticed in department stores that some use clip-on hardware and some use straps secured in the back of the shirt collar with Velcro or bow tie fasteners. Since these are at a child’s neck area, I want to make sure I make these safely. Thank you for any guidance.