Please read CPSIA in frequentyl asked questions#11- wall hangins are exempt

[Former_Member]

What furniture articles are exempt under CPSC regulations? Do the lead paint limits apply to furniture whether or not the furniture is intended for children?
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.

Here is the link http://www.cpsc.gov/about/cpsia/faq/101faq.html and
please read my other topic "CPSC-fabric/thread are art materials, artist paints & materials excluded"

[Former_Member]

marking

[Former_Member]

Nursery Decor Items are NOT exempt.

http://www.cpsc.gov/LIBRARY/FOIA/advisory/318.pdf

[Former_Member]

BuggaLove,
Yes, they are. The link you gave is to a presentation made to the Commission(CPSC) addressing their concerns. It is not a statement made by the CPSC regarding the regulations in the CPSIA. And it states as such on pages 2, 3 and 4 in fine print "This presentation has not been reviewed or approved by the Commission and may not reflect its views."

[Former_Member]

Please forgive my misspelling of the word "hangings" in the topic. I have been reading and typing alot. And it also exempts draperies.

[chichiboulie]

what concerns me is that my automatic instinct to describe a wall hanging would be something made out of a textile. Like the ones you see in castles. I'd love to think my paintings fall into the wall hanging category, but I'm pretty sure they don't

[LaurieRyan]

While that helps me it doesn't help a lot of my friends so am still pushing trying to get the law repealed

[LittleElephantCo]

Chichi - according to my State Attorney General's office, if the item is intended for an adult to use (like my quilt clips are for an adult to use, even though they are in a nursery), then they do not fall under the CPSIA. So, logically speaking (even though the whole CPSIA is not very logical), other items hung on a wall of a nursery by an adult would not be intended for children to use and not fall under the CPSIA.

Yes, the SAG's office told me directly that my quilt clips are not under the CPISA becuase they consider them an item for adults and not children (as do I).

BTW - your paintings are beautiful!

[NotMyTreeStore]

My personal definition of "wall hanging" is "something that is hung on a wall." I think that's a reasonable interpretation. That interpretation would include mini quilts, paintings, etc.

[LaurieRyan]

Nothing about this new law makes sense Littleelephantco

[Former_Member]

The link I provided was the advisory opinion of Cheryl Falvey. General Counsel of the CPSC. If you see pg 4, it is taken from a slide show, yes. But it states "Decorative Room Accessories" are a children's product.

[Former_Member]

If you take your art work to a framing shop to get framed. When they finish with it, you will find that they always put something(such as,picture wire, saw tooth hangers) on the back of it so it can be hung on a wall.

[chichiboulie]

*SCREAMS*

Did you all hear me from over here across the ocean???

There are so many ways to interpret this. Personally, I wouldn't classify my items (at least paintings and prints) as children's items as they are not used by children. Yes, they are nursery decor, but I want to assume by that they are speaking of things like bookends and tox boxes etc.

To be honest, I can't make heads or tails of it because they are talking out of both sides of their mouth (or maybe some other orifices) and have made this absolutely impossible to understand.

[Former_Member]

Beleive me, I would love for this to be true. In fact, the person at the CPSC who I spoke with specifically told me that my wall letters were not children's products even though they went into a child's room. So I have heard directly from the CPSC on this issue.

HOWEVER, there are other types of wall hangings that are children's products, my growth charts for example. So, wall hangings as a WHOLE are not exempted and there is contradicotry information from the CPSC (as I showed you) regarding items that are considered decorative room accessories.

[LaurieRyan]

Personally I think CPSC is getting totally sick of the whole mess and wants nothing to do with this new law

[chichiboulie]

If you've heard specifically about wall letters, can we not hear about paintings and prints? I should think they fall into the same category.

Growth charts would actually be USED by children and hung within their reach whereas painting should not be.

[NotMyTreeStore]

>LaurieRyan says:
Personally I think CPSC is getting totally sick of the whole mess and wants nothing to do with this new law.

I think this as well. They don't know what to enforce, how to enforce, what interpretation is correct...and who can blame them? I think most of it will be moot in the end, anyway. If no one can interpret it, how can it be applied? Even calls directly to the CPSC yield different results and answers, depending on what agent a caller gets on the phone and how well-versed the agent is. I've even read e-mails from politicians that directly contradict what we've heard from people supposedly in the know regarding the law. So...

if they can't get it straight, *how are they going to enforce it*?

[Former_Member]

The FAQs page regarding the CPSIA are prepared by the CPSC staff and I'm thinking maybe they(a group) put a "little" thought into the answers. Where as, when you call you are turned over to the most unimportant person in the office.

[Former_Member]

chichiboulie says:
If you've heard specifically about wall letters, can we not hear about paintings and prints? I should think they fall into the same category.

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You could make that assuption, personally, I feel they are in the same category. However since it's not in writing and it's just "hearsay" from me, and can't measure my credibility beyond what you've see on the forums (and perhaps in my blog), you'll have to determine for yourself if that's a risk you're willing to take if I'm wrong.

And btw, I had my wall letters XRF tested (including the metal hanging piece I attach to each one), so regardless of what I heard from the CPSC, I still worked to ensure that they were compliant with the lead levels. Which, of course, they are.

[Former_Member]

Well, if at the end of this dark and dreary tunnel, wall hangings, including paitings or textiles are exempt, I will be switching gears and freshen up on my paiting skills, lol!

[Former_Member]

herrondipity says:
The FAQs page regarding the CPSIA are prepared by the CPSC staff and I'm thinking maybe they(a group) put a "little" thought into the answers. Where as, when you call you are turned over to the most unimportant person in the office.
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How interesting. By that logic, when a person gets an answer they don't want to hear from the CPSC, it is considered to be from an "unimportant person" within the Commission?

So in this case, my contact helps to SUPPORT the idea of exempted wall hangings and art, so does that inherantly make them important and therefore knowledgable?

[SkyviewClay]

Based on this info, this is what I have decided to do:

1)Continue selling my artwork. (section 16 C.F.R. 1303 exempts Artists' Paints and related material...makes sense considering they are non-toxic.)

2)Make MSDS sheets available for buyers.

3)Have XRF testing on the ribbons and hangers or discontinue using them.

4)Add a disclaimer to my shop announcement, listings and in each package.

I believe this is perfectly reasonable and I am very comfortable with my decision.

[Former_Member]

It is unfortunate, but it is probably the case. I did't mean to insult your opinion on this matter.
But the next time I call my US Senator or US Reps office, I'm asking who they are and what is there position in the office and if I think I need to voice my concerns to a different person in a different dept.(such as, commerce, trade and consumer protection) of their office I will ask to be put through to someone else. As you know many of our elected officials had no idea that this law they passed was so far reaching. And read in the etsy forums that they are getting lots of calls.

[chichiboulie]

Well I don't even know where I'd begin to get tested here in France.

I'm tempted to write to the European Community offices about this as obviously some of their companies are now going to be having difficulties from not being able to export to the US, one of the biggest markets. Of course, that would only mean that the CE in turn would just banish all US goods. That would be fun and productive wouldn't it.

For the moment, I'm sitting tight and happy that I at least have other markets I can sell to. Unfortunately for you in the US, you can't even sell them overseas even if they meet the requirements. How is it that the US can make such a law?? Anyone?

[meredithdillman]

All I know is from threretrees who spoke to someone in Rush's office who said prints were not included. I suppose you can wait until it's in writing from CPSC but I am assuming any art not specifically for children's rooms is fine.

Personally I think CPSC itself is confused becuase they are getting so many questions about whether this product or that is included (many of which they probably had never thought of until someone asked)