Selling directly to schools...

[starb37]

I've started looking into advertising my products in person directly to local preschools for use in their pretend play areas... what kind of legal things should I have set in place if I start selling them in large quantities as sets? Do I need to issue a GCC or a CPC? Since my products are usually one offs and for home use, I haven't ever worried about either of those. Just making sure I have everything I need ready before moving forward.

[FayeMaloneDesigns]

If you aren't registered as a small batch manufacturer. you should do this. You are going to have to follow what guidelines the particular school requires. Some my ask for copies of testing, some may accept a completed Certificate of Compliance. Be prepared to talk about how your products meet all safety regulations. In all cases, have a COC with you covering the product so you can explain all the regulations that you have covered by either testing, testing by your suppliers or where you are exempt

[starb37]

I am registered as a SBM already, and all my material is exempt, and I don't plan to add any extra adornments to them. Thanks for the info!

[FayeMaloneDesigns]

Don't forget that your COC needs to list every regulation that applies, even if you are exempt because of the exempt materials list and your SBM. You need to follow the format, and the reason for your exemption is listed further down the certificate.

[starb37]

So, finally getting ready to start promoting, and doublechecking my CPC. I have in my Section #2:

16 CFR §1500.91 (Lead in textiles) No third party testing required
16 CFR §1610.1(d)(1) (Flammability of textiles) Exempt

Do articles of clothing require 15 U.S.C. § 1278a (Total Lead Content in Children's Products)?

Section 7 is where I would put my SBM #, correct?

I also wanted to know if I'll need a CPC for all the different types of aprons I will be directly selling or if just one will do, seeing as how they will all be made with either broadcloth or cotton fabric.

I also have COC's from my fabric retailers, but don't know where I would put that info in my CPC, just have a copy along with it in case they ask?

Thanks so much for all your wealth of information!

[FayeMaloneDesigns]

In section 2 you list the regulations. In section 7 repeat the regulation and you state your reason for compliance. See samples below for what to put in #7

15 U.S.C. § 1278a (Total Lead Content in Children's Products)
Exemption for Small Batch Manufacturer # (list your number here)

16 CFR part 1501 (Small Parts)
Exemption for Children's clothing and accessories, such as shoe lace
holders and buttons; (This is for buttons )

16 CFR Part 1500 (Lead in textiles)
Exemption due to composition of certain natural fibers: 16 CFR Part
1500.91(7)(i) Cotton
Exemption due to composition of certain manufactured fibers: 16 CFR Part 1500.91(7)(ii) (for any synthetic fibers on the exempt list)

16 CFR Part 1610 (Flammability of textiles)
Exemption due to being plain surfaced and over 2.6oz/sq yard: 16 CFR Part 1610.1(d)(1)
Exemption due to size under 2” in width in any direction: 16 CFR Part
1610.6(a)(1)(vi) This is for any trim, binding ribbons etc.

15 U.S.C Part 2057 (Permanent and Interim Ban on Phthalates in Toys
and Child Care Articles Used to Facilitate Sleeping or Eating
Exemption for Small Batch Manufacturer # (your number goes here)
The above is used on cotton bibs and burp cloths

Don't forget you also need FTC labeling in addition to your CPSIA tracking labels.

[starb37]

I have both my FTC and CPSIA tracking on one label. Thank you for the clarifications. I feel like I'm ready to go now! One last question, since I will be selling things that will be made in the future, what do I put for Section 5?

[FayeMaloneDesigns]

I goofed in the above. The information is for Section 6, & 7 is where you would put any actual testing information. Since what you are using is all Group B and doesn't need for you to test under the SBM rules. You woould simply list Small Batch Manufactuer and your number Any actual resting by outside labs would be enumerated.

As for Section 5 you need to issue a new COC with a changed date for each shipment. I would assume that a school would place an order, (let's say July) and you would make merchandise to fill the order. A COC with the date of manufacture (July) would cover that shipment. They order again in Dec. You would make a new COC with the Dec date.

[starb37]

Okay, great. Thanks so much!!