Question about labeling

[Former_Member]

I think I understand most of what I need to do. I sell small accessories so I am labeling the packaging with the necessary info.

As I was packaging up an order last night I ran into a dilema. After wrapping up the item I sometimes put my business card and a note on top of the item and secure it with a simple ribbon lined hair clip. This clip is like a "bonus" and isn't part of the order therefor isn't packaged like the rest of it. I'm not sure what to do about the labeling part. For now, the clips I'm using were made before Aug 14, but eventually I'll need to make more. Do I need to label them somehow? They are too small to label directly. Can they be considered part of the packaging? I'm stumped on this one.

Perhaps I'll need to eliminate this part of my packaging, but I'd rather not if I can figure it out.

Any thoughts?

[Former_Member]

That's a sticky question. Is the "bonus" clip hair meant to be used by the person that ordered the item (technically that person's needs to be over 13 to order off the internet) or is it meant to be like a happy meal promotional toy and given to a child. If the "bonus" item is for an adult then the CPSIA does not apply but if it is meant for a child I would make sure it follows all of the CPSIA's laws including the tracking labeling but have that information as part of the larger purchase's packaging.
Think of it this way if you were doing a craft show with handmade bite-sized brownies, with some ultra fine chopped nuts in it, with a "free with purchase" sign on the table as a give away to entice potential customers to buy. If someone with an allergy to nuts ate one, you are still liable to any lawsuit that person may decide on even if they never asked you what went into the brownie mix before accepting it.

[Former_Member]

The hair clip, as well as the items I sell, can be worn by people of any age, if that helps. They are most often worn by children, but adults have been known to wear them too, I know I do :).

So I should put the info for that clip on the same card that I package the regular items on?

I'm so confused how to go about this one.

[Former_Member]

If you answer yes to any 1 of these questions than following the CPSIA regulations for your products at the very least would cover your backside if there are any question down the line.
*Is my product intend to be used primarily by someone under 13 years old?
*Is my product intend to be used to decorate a room used primarily by someone under 13 years old?
*Is my product preceived by the general purchasing public to be used primarily by someone under 13 years old?
*Is my product preceived by the government to be used primarily by someone under 13 years old?
*Is my product's picture/description/tags geared to attracting children to ask an adult to purchase the product for them?
*Is my product's description geared to attracting adults to purchase the product for a child under 13 years old?
*Is my product's tags geared to easing a search by adults to purchase the product for a child under 13 years old?
Primarily = used by more children 12 & under than those 13 & up or adults.

[Former_Member]

I had just a thought that perhaps it could be considered part of the packaging, but since it can be used once received, I'm thinking that is not going to fly.

So Yes, I know it needs to be labeled, but "how" is the question. If I put the info on the card that the regular puchased items are on, would that be ok? Or perhaps I need to not include the bonus anymore :(

[Former_Member]

Ultimately the choice to include a freebie with your orders is upto you' but don't put yourself in a position where the government may take issue with it. Perhaps a seperate tracking label for the bonus item included on the same packaging of the item order might do the trick. I know when I make promo items to be included with a purchase I ussualy make up a batch of 20 at a time, I plan on making the tracking labels for all 20 at one time. Since jewelry has now been exempted for having a permanent label on the item itself I'm thinking I'll do a return address labels that can be adhered to a jewelry box with 1 for the primary item and a 2nd for the bonus item.

[MamaFamilias]

perhaps just a tiny sticker, like the kind used for return address labels? Since no ruling ever came out bout font size, you easily put all the info on in a size 4 font.

[MamaFamilias]

btw, I love your shop. Very simple and still very girly. Might have to get something for me since I have all boys.

[Former_Member]

thanks mamafamilias! I'm still trying to figure out what to do, I'm not even sure where to put the sticker on the clip! I'm probably going to stop including the clip when I run out of what I have in stock that were made before August.

Oh and thanks for the compliment on my shop! I wear the small bows and headbands myself all the time!!!!

[Former_Member]

from the cpsia website "when can the packaging be marked and not the product"

(5) If a product surface would be impossible to mark permanently such as those made of
elastics, beads, small pieces of fabric (such as jewelry, hair ornaments, etc.), or craft
items like pipe stems, or natural rocks.
(6) If the aesthetics of the product would be ruined by a mark and a mark cannot be
placed in an accessible but inconspicuous location.

theres a thread her about it too: http://www.etsy.com/forums_thread.php?thread_id=6282316

[McCoyToys]

sugarseams, we also read what you referenced and chose to attach a product card to each item...and we are keeping our records of where each item is sold, date, etc.

[Former_Member]

sugarseams says:
from the cpsia website "when can the packaging be marked and not the product"

(5) If a product surface would be impossible to mark permanently such as those made of
elastics, beads, small pieces of fabric (such as jewelry, hair ornaments, etc.), or craft
items like pipe stems, or natural rocks.
(6) If the aesthetics of the product would be ruined by a mark and a mark cannot be
placed in an accessible but inconspicuous location.

theres a thread her about it too: http://www.etsy.com/forums_thread.php?thread_id=6282316
___________________

Thank you sugarseams, I have read that and that is how I am labeling the items that I am selling that are too small to label.

HOWEVER, my question is about a clip that does NOT have it's own packaging, does anyone have any specific thoughts about that? Should I just not include it at all? Can I label the package that the items that were actually purchased are on?

This clip is usually clipped to the package itself (inside the shipping box) as decoration and can then be used as a hairclip if the buyer would like.

[FayeMaloneDesigns]

Print out a tiny 1x1" card on cardstock on your printer. Write Enjoy this gift clippie! Made by Punkynmunky in blah blah, usa Fall 2009. (or whatever season/month you want to say. Slip it under the clippie. It is okay to use a temporary tag, unattached, if it's okay to attach an adhesive tag that stays on long enough to get it to the consumer. It's in the explanation of the tagging rules that the CPSIA sent out.

You are doing the best you can to adhere to the law. I don't think the storm troopers are going to break down your door because you don't have it glued to the clippie. I think we all need to do our best, but don't let technicalities kill us, they have given the handcrafters much leeway.

I think it is very nice that you give them a little gifty!

[Former_Member]

FaryeMaloneDesigns, I could kiss you! I never thought about doing that! Probably because it is such a simple solution LOL! I just couldn't think outside my little box on this one!!! That will totally work! THank you!!!!

[BoundbyInspiration]

If the clip is attached to your business card just label the back of your business card print out separate labels and you can peel and stick as needed!

[Former_Member]

If the item is too small to be labeled, you can attach a hangtag or put the information on the packaging. This is the only exemption to the permanent labeling requirement.