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. 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 the www.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 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,
Neal

Neal S. Cohen
Small Business Ombudsman
U.S. Consumer Product Safety Commission

Here is the link for common testing exceptions for lead content, 16 CFR 1500.91:
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=fe793e5c557c5389ff11646309ec2445&rgn=div8&view=text&...

Connect With Us On:

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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.

[TangledUpLife]

Thank you, Neal, for taking the time to post this.

[aclhandweaver]

Thank you Neal! I'm sure many small business people, artisans and crafters are not aware of all the ins and outs of the issues surrounding making and selling their work. Many may claim to make their art because they love it. Sometimes it seems there is a gray area between making art and being creative, and manufacturing and production. I'm sure most people in our situations, here on Etsy, and at small market craft fairs, are trying our best to do what is best. Those in the cottage industries do not always have the resources that corporations may, nor the knowledge. We need each other's help to be made aware of and to conform with the diverse needs in our greater community.

[TerraExperience]

Thanks Neal! At some point could you also do a brief explanation of the component parts testing rule and how it might benefit home crafters if they can find suppliers that that test and certify their products for lead, phthalates and some of the other heavy metals? Appreciate your information!

[Former_Member]

I have been trying to get into the websites listed above and keep getting a runtime error. Is there something wrong with the system. I have no way of contacting Neal to say this, because not one link to the website works.

[FayeMaloneDesigns]

Sarah, I just tried the links, and had no problem, and I use Aol, and they usually have trouble with everything. I did a google search on Runtime error, and microsoft has links to fix them for both internet explorer and vista. You might try that. It might be a glitch within in your computor, that can be a quick fix.

[MamaJamaQuilts]

Thanks! This information has given me the direction and confidence I need to move ahead with my next product line. Tons of great info.

[Former_Member]

You're very welcome! I'm glad we could point you in the right direction.

[Former_Member]

Awesome information! Have there been changes made, or is it still most fabrics etc are exempt from testing meaning plush toys normally just need registration and proper labeling? Or has something changed?

[Former_Member]

Hello, I am looking to add some children's hair products to my etsy shop. As of right now I only carry home decor and natural products (wood, cotton). All of which are exempt from CPSIA testing.

I have been researching CPSIA all afternoon to try to wrap my brain around what I need to do. So far this is what I have come up with:

I want to add hair clips (bows, flowers, etc) and also baby/child headbands. As of right now I would only be making a few a week probably less than 10 as I don't have a lot of time. Most all items will be unique and one or two of a kind.

1) Make an Excel Spreadsheet with items made and materials used. (Check)

2) Print Business cards at home and include materials used and a place to put in the batch # and date of manufacturer. I plan to use these as "clip" cards and will also include them with my headbands.

3) Obtain COC from suppliers. I have contacted my supplier (Shabby Rose Trim (https://www.etsy.com/shop/shabbyrosetrim) to get COCs on their FOE and embellishments. I ordered a grab bag so I hope they can give me what I need. :/

4)Register with CPSC as a Small Batch Manufacturer.

Is there anything else I need to do?

[FayeMaloneDesigns]

I think you've got it. Looks good to me.

[Former_Member]

I agree with Beverly- you've got a good process in place! Keeping good records about where your materials came from, and where your finished goods end up, is key to protecting your business.

[Former_Member]

I want to weave my own fabric (most likely using all natural materials like cotton, linen, hemp, etc.) to use for clothing and/or cloth diapers. Since they're made from natural materials, I'm good right because natural materials are exempt?

[Former_Member]

HELP PLEASE! I have my SBM# but am unsure what to do. I know that it needs to be attached to General Certificates of Compliance. I didn't see a place on the website to put specific products that need the number and I'm hazy as to which of my products actually do. I know wetbags and teeth pads for baby carriers do. But...
- Sheets are plain woven textiles. The fabric doesn't require testing, nor does the elastic, 100% cotton - trim (elastic) exclusive
- Blankets use plain woven textiles and organic cotton sherpa (which has met all flammability requirements), 100% cotton
- Bucket hats - no considered clothing and made with plain woven textiles, 100% cotton
- Totes - plain woven textile, 100% cotton fabric and straps

[FayeMaloneDesigns]

Carolyn,

You don't publically post your SBM #. It's given only to wholesale places where you may be selling your items, on the GCC you give to them, and to the GCC's if the government asks you for them. Think Social Secutity #, and potential misuse by fraudulant people. I deleted the post where you had it listed. I don't know what you mean by where it goes on the website. what website?

[FayeMaloneDesigns]

Please start a new thread with your questions. If will be much more visible than on these pinned informational threads. Thanks, Beverly