So many questions...lol

[Former_Member]

I have been making children's clothing and hair accessories for many years for my own daughter, friends, and g ifts. I custom make all my items from each child's measurements so I am new to Etsy.I have spent hours upon hours reading all the CPSIA rules and regs, FTC rules and regs, and most of the threads here on Etsy...that being said .....aaaahhhhhh. Still so many questions.

I have always purchased fabric, ribbon, embelishments wherever and whenever I could (yard sales, remnants from going out of business stores, etc.) its truly an addiction...lol. I have an entire room filled with fabric and ribbons so there are items that I have had for years so there is no way to know where they came from. So one question of mine is how do I handle these fabrics for clothing and ribbons and embelishments for hair accessories?

Another question is, I embroider on store bought t-shirts, jeans, leggings and what not... can someone clear up how I should label these items as well since the original item is not my original work, but the added design for the finished garment is.

I welcome any and all advice because what has been a passion of mine for most of my life and was never stressful has begun to make my head hurt and it has become "work".
thank you in advance

[monkeyandfriends]

I copied this from a post by FayeMaolnedesigns, she's an amazing source of accurate info! It contains links to required reading. If you are embroidering on a purchased garment, you must add your own tag. Also, don't call it a "onesie" unless it's a gerber brand.

Here's a little reading list for you to study compliments of Jewelrydesignsbyme from an earlier thread. When your head stops spinning, we can try to answer you specific questions about your product. Head spinning and flu like feelings in the pit of your stomach are common after reading, so don't be surprised.

jewelrydesignsbyME says

Many fabrics are exempt from lead testing, except fibers & fabrics that contain metalic looking threads, screen prints, or other chemical treatments like water resistant coating. On the other hand fastners, like buttons, require test results if you can get them from the fastner supplier in the correct format with the component described, lab name listed, and the lead and if needed the phthalate levels listed in PPM that's great or you will have to contact a lab to test your supplies.
There is no exempt list for the tracking labels, if the item is for a child 13 and under then it needs a tracking label and certain durable products need mail in registration cards. Though if the label would affect the function, severly detract from the aesthetics of the product, or would be bigger than the actual product then you can label only the packaging rather than both the package and the product. Other parts of the CPSIA like phthalates testing and small parts have no exempt raw material lists and do depend in part for what ages an item is aimed for.

Here's some reading to get you started on understanding the CPSIA. (the ones with * are most important to read first)

* For the current full list of raw materials offically exempt from lead testing please read http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf

* CPSIA guidance for small businesses/crafters includes a quick look guide Table : B exempt raw material list
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf

* An update on the stay of 3rd party testing
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10083.html

* Tracking labels
http://www.cpsc.gov/about/cpsia/sect103policy.pdf

CPSIA's FAQ page
http://www.cpsc.gov/about/cpsia/sect103.html#103q8

The CPSC also has product specific laws, regulations and standards that must be followed about the way some things must be constructed in addition CPSIA which concerns mostly what components go into the making of a product. Like sleepwear must be flame retardant or form fitting, length of the ties for bibs & smocks, the sizes for blankets to be considered a recieving blanket, and many other things. Do a search using specific product names at the main CPSC website
http://www.cpsc.gov/

The CPSIA main website
http://www.cpsc.gov/about/cpsia/cpsia.html

Webcasts for the 2 day public workshops in Dec 2009
http://www.cpsc.gov/about/cpsia/cpsiatesting.html

The CPSC's age determination guideline http://www.cpsc.gov/BUSINFO/adg.pdf

A timeline from the CPSIA http://www.cpsc.gov/about/cpsia/rulemaking.pdf

Information on how this law is retro-active http://www.cpsc.gov/library/foia/advisory/317.pdf

Standard Operating Procedure for Determining Total Lead (Pb) in
Children’s Metal Products (Including Children’s Metal Jewelry) found at http://www.cpsc.gov/about/cpsia/CPSC-CH-E1001-08.pdf

Even non-metal components must be tested using destructive digestive testing read more here http://www.cpsc.gov/about/cpsia/CPSC-CH-E1002-08.pdf

Small Parts Regulations Summary http://www.cpsc.gov/BUSINFO/regsumsmallparts.pdf
Small Parts labeling
http://www.cpsc.gov/BUSINFO/label.pdf
Maybe some one else has a link to a plain english version of the small parts regulations, but these 2 links are the best I have.

Here's info about small parts warnings 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.


For some product there is dual jurisdiction under the FTC, like for clothing there are regulations regarding care & content labels and yet another type of labeling maybe required for fabric based toys.

The main FTC website
http://www.ftc.gov/index.shtml

For fabric and fiber items
FTC Labeling requirements
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus50.shtm
Examples of FTC labels (about 3/4 of the way down the page)
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm

A few products like diapers may even fall under agencies like the FDA - IF they could be confused with preemie, infant, or adult diapers.

The main FDA website
http://www.fda.gov

[Former_Member]

Thank you so much for all the info. I have visited some of the sites previously. I have always put in my own labels with my business name and washing instructions for clothes and gave bows on a bow card, but now I need to revamp them to add all the other info. I truly appreciate all the info sent my way. Its insane how something so simple went into hyper-overdrive. I was just so unsure because a lot of my fabrics and embellishments came from unknown places and/or manufacturers throughout many many years. And RNs because pretty much all my items were OOAK or custom doubles.
Way to keep costs down for the small business owner (sarcasm). Between testing costs, added tag or recreating tags and labels cost, the time spent researching all this info, and packaging it really starts adding up.
I miss the days of simple gift shop consignment listings and craft show customers. Its hard not to be cinical when everytime you turn around "they" tell you mass produced things (food, clothing companies, etc) are so bad yet when you hurt the little mom and pop shops and farmers and artisans it makes no sense. Sorry just venting.

Thank you again so much I really appreciate it.

[monkeyandfriends]

I too have spent way too much time on it. OOAK items don't need RNs. I keep a list of all fabrics & notions with content and source if I have it. I tend to use 100% cotton primarily. When I make an item, I create a document with all of the required info and a picture of the completed garment. Once you get your stride, it becomes second nature. I am trying to avoid buttons though! Most manufactures will send certificates but I'm finding that in most cases it's just easier to redesign it without! Good luck, hang in there.

[Former_Member]

Again thanks so much. I can see the light at the end of the looooong tunnel...lol.

And as my mom always says...."Crafting...it's God way of keeping the world pretty."

[KittyCatsCupboard]

Thank you so very much for gathering all of this information. I will begin to read it all. However I have a question about wall hangings - little mini quilts or embroidered pieces meant to hang on a wall like art. They are exempt from the FTC Textile and Wool Act. But are they considered 'for a child' just because they have a child's theme to them? These would not be something that a child would play with, only something to decorate a child's room? I am so very confused by this - Help!

[Former_Member]

KittyCatsCupboard,
That a real good question and one probably best answered by someone from the CPSC directly (&often), because conflicting opinions by various CPSC represenatives have been report in the forums over the past 3 years. To check directly with the CPSC's Small Business Ombudsman contact the office at http://www.cpsc.gov/businfo/smbus.html with your questions. That office should be able to inform you about matters directly related to the CPSC and CPSIA concerning your products specifically plus direct you to any other USA federal agencies that maybe involved with the types of products you choose to sell. Also check back with them every couple of months to see if the current "official interpetation" has in anyway changed since the last inquiry.

The reason I say that is in the past we have had ETSYians call the CPSC, before this SBO office was set up, and depending on what department the operator directed the call to changed whatever answer they recieved. There was even one crafter here that call the same office 2 days in a row spoke with 2 different clerks that gave 2 different answers. In fact when we had a virtual lab with a CPSC representative on ETSY stating as long as the wall hanging was placed out of the reach of a child covered by this law (meaning a child under 13) so they could not physically interact with it, then the item did not need testing. Which directly contradicted what was said in the WebCast of the small business workshop, which was held around the same time, which pretty much said any product that has the possibility of producing "lead dust" a child transfer from off of other lower surfaces in their room to their hands and then to their mouth would need testing including wall decorations and wallpaper.

Personally I do believe the confusion sets in because the CPSC employees may not have the same idea as each other as to what constitutes a wall hanging. One may be thinking off glass framed art, another my be thinking of a metal wall decoration, a third maybe thinking of a piece of painted wood, while a fourth maybe thinking of the type of piece you are describing, and a 5th has yet another type wall decoration invisioned, so they answer the question with what they preceive is a wallhanging in mind.

[KittyCatsCupboard]

JewelrydesignsbyME - Thank you so very much for pointing me in the right direction :) I will certainly follow your suggestions. I pretty much understand the FTC Textile and Wool Act by reading it 100 times LOL. However it is pretty straight forward. The CPSIA gives me a headache just thinking about it!
Thanks again ^..^