Please explain this CPSIA to me please and if It will affect my products

[CrazyCraftFrog]

I understand that this is only if you make products that will be used by those 12 and under so these are the only things I would consider making:
Baby Quilts, Hairbows, and I also make decorative bathrrom towels which would often be used in Children's bathrooms but are not a toy... they would be for decorative use only. Would this CPSIA affect me and what do I need to do?

[Former_Member]

Yes, the CPSIA will affect you for ANY product made for kids 12 and under. You will have to use products that are on the exempt list or supplies that you have actual test results for.

You will also have to follow the CPSIA guidelines for proper labeling as well as the FTC (if applicable).

There are many, many threads in this CPSIA forum that you can read including:

"Let's compile a list of suppliers who test"
"CPSIA and FTC labels"
"Everything you need to know about the CPSIA"

I would start by reading those....
You can also check out the CPSIA website...

[Former_Member]

As long as it could be construed by anyone to be child-related, CPSIA will affect you. The thread mentioned above "Everything you need to know about CPSIA" is a GREAT way to start.

[CrazyCraftFrog]

I read it but am still confused. I saw someone suggest that if you make only one copy of an item, there were exemptions? Is this true? I can't afford legal advice right now... I've not even sold 15 items....My quilts would be one of a kind.. I would never make the same exact one twice. Also, are wall hangings exempt? I read somewhere that they might be exempt. My decorative towels are wall hangings for the bathroom. Please please help!!! I can't understand all the legal terminology.

[Former_Member]

If the products you plan to make are for the use of children under 13 or are marketed towards attracting an adult to buy the product for a child under 13 then the CPSIA will effect your bussiness. The CPSIA effects all products for children (not just toys but clothing, furinture, decor, books, educational materials, non-automotive safety equipement and accessories, etc.) and any product, even adult products, that contain paint, varnishes, or inks.
The biggest part of the CPSIA is knowing what the lead levels are for either your components parts or the whole finished product or knowing your using exempt from lead testing materials, and keeping paperwork tied to specific finished products to back up this knowledge. The next largest part is the permanant tracking labels on products and developing a GCC to be kept in your files, even if your raw supplies are exempt from lead testing. Another part of the CPSIA is knowing if your products are under the scope of needing phthalate testing and if so what the level is of 6 certain phthalates are for your raw materials or final product, again keeping the testing paperwork as proof of these levels. The CPSIA also strengthens the fines and penalties for product specific regulations under the CPSC like the statutes about choking on small parts or stragulation hazards.
After doing some reading on your own about the CPSIA you may want to consult a legal professional to see what government laws and regulations specificaly apply to your products. Currently the CPSC is NOT answering product specific questions unless they are submitted by an attorney or an nationally recognized industry based or consumer based organization. Many states / local governments, artist -craft guilds, local SBA and mentor programs like SCORE mantain a list of low cost (sometimes free) legal professionals that you may want to contact about drafting a letter to the CPSIA or about other product liability and other regulatory issues.

Here's some essential reading about the CPSIA, if at all possible read all the additional links provided and all subsections as well.
For the current full list of raw materials offically exempt from CPSIA lead testing please read http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf
An update on the stay of 3rd party & component testing
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10083.html
Tracking labels required on every product for children under 13
http://www.cpsc.gov/about/cpsia/sect103policy.pdf
A general overview from the CPSIA for Small Bussinesses
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.html
The CPSIA main pages
http://www.cpsc.gov/about/cpsia/cpsia.html
A gateway page for summeries of the law by subsection
http://www.cpsc.gov/about/cpsia/legislation.html#summaries


Here's links to other government pages that may apply to your products
FTC main
http://www.ftc.gov
Clothing, accessories and home furnishings care and content labeling
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm#covered
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus50.shtm#Complying

Here's info about small parts warnings
Small Parts Regulations Summary http://www.cpsc.gov/BUSINFO/regsumsmallparts.pdf
Small Parts labeling
http://www.cpsc.gov/BUSINFO/label.pdf
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.

[CrazyCraftFrog]

Okay I found this on their website and I quote:
16 C.F.R. § 1303.1 provides that the lead paint limits apply to toys and other articles intended for use by children, as well as furniture articles for consumer use that bear lead-containing paint. Furniture articles include, but are not limited to beds, bookcases, chairs, chests, tables, dressers, desks, pianos, console televisions, and sofas. However, they do not include appliances such as ranges, refrigerators, dishwashers, clothes washers and dryers, air conditioners, humidifiers and dehumidifiers; fixtures such as bathroom fixtures, built-in cabinets, chandeliers, windows, and doors; or household items such as window shades, venetian blinds, or wall hangings and draperies."

So does that mean decorative wall hangings? I make decorative towels for the bathrooms... some may be used in kid's bathrooms...

[CrazyCraftFrog]

Also dyed or undyed textiles are exempt? Am I right? So does that mean a finished item made from them would be exempt?

[Former_Member]

You have to read the FAQs very carefully because they do sound like they are contradicting themselves when they refer to certain subsections within the law and do not apply to the whole law in parts. Elsewhere in those same facts they are asked specifically if posters need testing for lead content and the CPSC answers yes they do need the testing, posters could be considered another form of wallhanging. Subsection 16 C.F.R. § 1303.1 refers strictly to the even lower lead limitations & additional chemical testing on items containing paint, ink, or surface coating. Paints & the like must be below 90PPM for lead and have like 12 other elements and compounds that must be tested for, like cadmium and arsenic, that must meet specified "safe levels". That one portion of the law laws refers to paints on all consumer products not just a child under 13 items, that's why the state things like appliances are exempt from the testing and certifications. So that answer to that question about that specific subsection only refers exemptions within that subsection not the overall law.
Those same product categories when made for children, even when made without painted, still need to meet the current CPSIA lead level of 300PPM on children's products. The exemption list is strictly about having to have CPSC pre-approved lab testing done to prove a product meets the lead limit section of the CPSIA. There is currently no exemption list of materials for the phthalate testing, nor for other CPSC based regulations like durability testing, small parts, or strangultion hazards. Also there is no exemptions for the labeling protion of the law if the item is for the use of children under 13 or marketed to an adult as being more for a child then the product needs tracking labels on both the finished product and it's packaging. Ther is one caveat to the labeling that if the product is too small or that the tracking informantion would significantly interfer with the function of the product then the tracking information may appear only on the packaging but if the consumer throws away the tracking info then they can not legally donated or provide for second hand sale that product.
Now if the towels you are making are not marketed as a child's product, but as a more general use home decor item that has equal or more use by an adult then you do not need to be concerned with the CPSIA. That means you can not advertise or market the item as being more useful to a child than to adults, so you would have to be careful about using words like child, kid, nursery, etc. within your description, pictures, and tags.

[CrazyCraftFrog]

Oh they are marketed as bathroom decor. It's just sometimes bathroom decor themes are child like like rubber ducky theme or ladybug or princess, etc... What about the textiles? The fabric and thread and batting for a baby quilt?

[Former_Member]

The themes can be a detremining factor if the government or the general public sees the theme as more child like than general appeal. Yes there are adults that like those themes but are there more adults that those characterizations appeal to for their own use as compared to adults buying that same theme for a child? My favorite example once used in a discussion with an CPSC represenative was about pens with cats on them, a pen with a picture of a Pursian cat will be bought by any Pursian cat lover, a Felix the cat pen will be more likely to be bought by an adult collector of Americanna items, while a pen with the a comical style cat is more likely to be bought by an adult but given to a child for use, while the lastess animataed movie cat character is more like to have children begging adults to buythat pen for them. The first 2 escape CPSIA testing because of a more general use audience or a very specific demographic that would buy those while the last 2 will need the CPSIA testing because the common buying public sees them as more directed towards children tastes.

Fabric thread and batting are considered textiles, thus exempt from lead testing unless they have metalic looking threads or a treatment to them like wrinkle free or water resistant formulations. Just because the finish product that you make is of exempt from lead testing components does not need to go to a lab for lead testing, that does not mean it is exempt from any other portion of the CPSIA or from any other government required testing based on what the finial product is. Even when the whole product is made of exempt from lead testing components there maybe other tests like phthalates testing that the product or the components need to go through. Many labs want proof that the product or components are lead exempt or lead compliant status before doing other tests on a product they feel is for children even if all your doing is submitting the piece for durability / small parts testing.

Uber confusing right?

[CrazyCraftFrog]

I found this too and I quote" CPSC is currently working to determine exemptions to the lead content limits and the requirement to test. In the interim, until the Commission issues final rules in these areas, certain materials can be used in making products or be sold as children’s products without risk of sanction or penalties by the Commission provided the manufacturer, distributor or seller does not have actual knowledge that the products have more than the acceptable lead limit. The Commission generally will not prosecute someone for making, selling or distributing items in these categories (see Table B) even if it turns out that such an item actually contains more than 600 ppm lead." Can someone put this in terms of what I understand? Does this mean that if I use exempt items such as textile items like thread and fabric, I would not currently be under this law requirement? Also, so the labeling would still be applicable? How would you label a baby quilt?

[CrazyCraftFrog]

And as for my bathroom towel decor... I found this and I quote"If a product is intended for adults or for general use by consumers of all ages, then it is not intended primarily for children. Products marketed and priced in a manner that would not make them appropriate for use by a child would also not be intended primarily for children. An example would be an expensive telescope ‐‐ because it is sold for general use by all ages, it is not a children’s product even though it can be used by a child on occasion." Well... my towels are for consumers of all ages for the same use... as decor only.... PLEASE HELP ME>>>>> I am so confused

[CrazyCraftFrog]

I found this too for my wall hangings::::
"The Commission has provided limited exclusions for products containing component parts that contain lead in excess of the 600ppm limit; specifically:
•
Components that are not accessible, that is cannot be reached by a small child’s finger or tongue. Paint and other coatings or electroplating are not considered barriers that make a component inaccessible." My towel decor would be for walls not anything low to the ground. What do you think?

[Former_Member]

600PPM refers to the amount of lead contained in the whole product it's another way of representing a percentage it equals 0.06%, it's is also no longer the allowable lead level is. The current allowable limit as of Aug 14th 2009 is now down to 300PPM or 0.03% of the total weight of the finished product, but if the item contains paint, screen printing, varish, or ink the allowable limit for those areas where the surface coating is applied is 90PPM or 0.009% by weight. Come Aug 14th 2011 the allowable level can still drop down lower to 100PPM or 0.01% total lead by weight, unless the industries affected by the CPSIA can show the government on a product by product basis that scientifically that limit is not feasable.
Being a decor only item does not exempt an item from the CPSIA if the general buying public or a government offfivical as seeing an item as being primarilary a child's product either through adevertising, marketing, representation, or characterization.
So again the question is will more of the American buying public see the theme as a general use by adult's or will the majority look and see it as a child's theme? If more will see the item as being used by more adults or at least as many adults as children then the government could deem the item a general use product and not subject to the CPSIA, but the item still may have to be tested or labeled under another government agency like the FTC. If the general buying public looks at the theme and goes that item is more for a child the you need to follow the CPSIA plus any other government requirements for the product.
Remember there are many definitions of use, a TV is used by simply sitting and watching it, a child does not neccessarily have to have hands on interaction with the item. It's been said recently by a CPSC represenative that if an item is seen as being a child's item and within reach of a child under 13 that is enough to count as interacting with the item to consider the item for the item to be in use by a child. (BTW my son was 5 ft 1in, in the 65th percentile by age, on his 12th birthday so it's hard to know what height the government considers above the reach of a child under the CPSIA until they issue an official statement.)

[Former_Member]

Crazyfrog, I don't think anyone has a great idea about the wall hangings. We had a thread going and most advice was to label wall hangings as "not a toy, keep out of reach of children", or similar. But it seems hard to tell if these things need testing if they are not designed to be handled by a child.

But for your towels and quilts, you may be able to make them without anything that has to be tested. Fabric, thread, batting and ribbon are exempt as long as they do not have metallic threads and/or other coatings. You will still have to label, though. There are some good label tutorials in the CPSIA section of the forums. It is not as busy as some others, so you can find older threads easily.

Something that might make all of this easier is to start with things that just have to be labeled, not tested, such as your towels and quilts. Then once you have some of those things going (and designs altered if necessary) move on to your hair bows. They will be trickier because you will have to deal with metal or plastic parts that need test results , small parts choking labels, and labels or hang tags. It might be easier to master the label part first. Many sellers are grappling with this, so you're not alone. Good luck!

[CrazyCraftFrog]

Okay so mark my towels as not being a toy and for them to keep out of the reach of children..... and to label my quilts... and to forget about the hairbows right now... OKay so what do I include on my quilt labels? Do I have to put a speciific date such as 07/08/10 or can I just put a year on there so I can order a bunch of labels up. I keep a record of my productions. Do I just sew the label on the back edge of the quilt? It seems to me a label on a quilt my be dangerous because babies like to play with them and put them in their mouth? About my towels... I do as many adult bathroom themed towels to match regular bathrooms as I do kiddie towels... so like I do more western, log cabin, theme than I do say rubber ducky or monkey themed. Also, do any of you know anything about a one of a kind exemption? I read something that suggested there may be an exemption to a one time item. My items are always somewhat different. Also, when is the enforcement date for all of this?

[CrazyCraftFrog]

Oh and THANK YOU to everyone helping me with this.... it is soo confusing, but I want to do what is right.

[Former_Member]

marking

[FayeMaloneDesigns]

crazycraftfrog says:
Okay so mark my towels as not being a toy and for them to keep out of the reach of children.....

*****

Are the towels in what the majority of people would think of as children's designs? Are they to be used as towels, rather than to hang on the wall and never be touched? Toy really has nothing to do with it. I couldn't think towels would ever be toys, but could definately be considered children's towels. If you can answer yes to them as intended for children's bathrooms, then it's a childs items. it's no big deal to label your item. Labeling is the least of your worries. Besides the fact that you have to have FTC labels anyway.

As for a date, you can label things monthly, quarterly, daily, seasonly. Whatever works for you. Be happy, as you won't be making 40,000 you don't have to work up a coding for date, batch, cohort info etc. Go to the threads for labeling and you will find information on how to label.

As for making ooak, sorry, you still have to follow all of the rules for exemptions, testing, labeling for both FTC and CPSIA. This was a myth, that was started in the beginning.

You might want to read some of the threads from the back to the front. And be sure to check the dates. Since these threads go back to 10/08 to the present, you may be reading something that is a year old. Much has changed.

The law has been in effect since 2/09, some parts before that. Many changes 2/10. Some parts are in sorta limbo until 2/11. This is a law in total flux. You have to be on your toes.

[Former_Member]

Marking for later....thanks!

[CrazyCraftFrog]

FayeMaloneDesigns , please check out my set I have up for sale right now. I call them potty people. They are to hang on the wall and never be touched as they are not washable. They are strictly decor. I intend to do them for all the different themes you can do your bathroom in: like jungle, safari, leopard, nautical, ladybug, floral, butterflies, etc so some would appeal as decor for children's bathrooms although I would not be advertising them as such. So do you all think I still need testing on these? Or just label that says something to the effect of "Not a Toy, Not for children, for decor only" on them. If you think I should have them tested then I will probably just not do the ones that lean towards children's themes.

Next up... as I would make baby quilts from exempt materials... it is my understanding that they would only have to be labeled? Is that correct?

What do the children's labels require?

What do the FTC require? This is the first I have heard of them requiring something.

Even if I do only adult themed bathroom towels (wall hangings) do I still need to label them and if so, what do I need to put on the label? or What all info is required on the label?

I am sorry you guys that you are having to hold my hand thru this but it is utterly confusing for me...Thank you in advance for your help.

[FayeMaloneDesigns]

The set you show would be strictly wall decor. So, according to some at the CPSC you won't need a CPSIA label. But this is a gray area. There has been no official written statement, and there always seems to be a difference in interpretations from one person to another at the CPSC. If everything on your wall decor basically towelling, ribbons, lace? If so you are okay anyway under the CPSIA, all those are exempt for the most part.

As for the FTC, your towels already should have FTC labels on them. You should leave them on, and just sew a little label with your company name on the hem by the other label. You should always have your own label on things so that people remember your company name.

There are several current threads with the links to the FTC labeling requirements. I would go to the FTC site and print them out for future reference.

Your baby quilts will require both FTC and CPSIA labels. Some people have been combining them. We don't have a definative answer if this is okay. It's a lot of info to put on one label. I already have FTC labels that I purchased from NWTag.com. They have the correct washing instructions, which you must have on them, the correct type style and size, and are woven ribbons. Currently I make my own CPSIA labels and attach them with the FTC labels sewn on to the bottom of them.

[Former_Member]

This is very useful. Do these regulations also apply to foreign shops. I am based in Switzerland and have lots of booties listed. (see avatar)

[CrazyCraftFrog]

I found this on one of the links to the FTC: and I quote"Labeling is not required for other products not specifically mentioned in the statute or rules, or for non-textile products or components, including:
xxxxxxxxxxxxxxx
Wall decorations"

So does this mean my hanging towel wall decorations do not have to have an FTC label? But I just need to sew my company name on there in case anyone ever needs to know? And make sure I leave the FTC labels that the manufacturer already placed on there? And I understanding this correctly?

And we have come to the conclusions that since it's wall decor I should not have to have the CPSIA label on them either?

[CrazyCraftFrog]

And the baby quilts would require the FTC label and the CPSIA label right?

Simply put what goes on each label?