Testing Vs. Labeling

[Former_Member]

Ok...... I am confused... When I first opened shop a few months ago the CPSIA had a list of materials that were deemed acceptible such as fabric and thread (the only materials I use for children's items) and they were thus exempt from testing as long as I did not treat them with anything or go outside of that list. So now there is this labeling issue, do I still have to label a product made from the materials they have stated are ok to combine and sell without testing. If so (and I apologize for the repetition with other threads) does anyone have a link to what the label must contain?
AGH a cotton pillow for kids should not be this complicated!

[Deba822]

I'd like to know too.

[knitwit4ever]

Here are two links I found helpful regarding labelling requirements for textile products:
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm#covered
http://www.ftc.gov/bcp/edu/pubs/business/textile/bus50.shtm

[Former_Member]

Those are the labels already required by the ftc, which are different than what CPSIA is requiring. I am still trying to figure out what CPSIA will require and whether these can be combined, should be separate, etc.

[bobbinalong]

I think we are all confused, and rightly so. I have been reading, looking, etc. this past week. As an example, I make baby booties from one long piece of yarn. They have no seams for comfort. Now they want a permanent label.

I think where we get confused between testing and labeling is that the testing is to discover the dangers that lie within an item, lead, etc. Labeling is so that if an item has a problem and they need to track it, recall it, they can come find where it began, who made it. They will know who manufactured it, when, where, etc. This is how I see it in my mind.

After checking the information from the CPSC in their Guidelines, etc., they say they may or may not make the labeling requirements clearer. They have been asked by manufacturers, small business people to make it clearer. They have also written to every Attorney General of every state asking them to enforce the law. Cart before the horse, so to speak. The lady stepping into the position held temporarily by Nancy Nord says she will work with the CPSC staff and may make some labeling changes - I can't tell if she means only on imports. That isn't even clear. Our problem is that August 14 - the day that labels must be on - is right around the corner.

I don't know if I am confused. But this is how I see this situation. Go online and look up the CPSC and start reading.

[Former_Member]

The exemptions are solely in regards to LEAD testing they do not exempt you from any other part of the law under CPSIA. So all children's item will require a tracking label see http://www.cpsc.gov/about/cpsia/sect103.html for the most current information direct from the CPSC. Plus you must follow any other labeling requirements inaddition to the CPSIA ones for your products.
The exemptions do not absolve you from any other testing that might be required for your particular product's type or use classification, so there are no exemptions from the phthalate, small parts / breakability / choking hazard, flamability, or any other testing that the federal, state, or local governmnet requires.




"Are there exemptions/exclusions to meeting the lead content limits?
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." exerpt from http://cpsc.gov/about/cpsia/smbus/cpsiasbguide.html

[bobbinalong]

Okay! Lots of reading! Lots of figuring out! Lots of questions! If the CPSC really wants this law to work, why can't they in one place, at one time, say what they expect a handmade business person to include on their one-of-a-kind item! They have written to every Attorney General in the Land to enforce it. Wouldn't it be nice to spell it out first!

[knitwit4ever]

lauraslefthook, aren't we ALL trying to figure out how to comply with all the various requirements! It shouldn't be this hard... :-(

The textile labelling requirements are preexisting and seem to apply to the OP's products and question. Exactly what the CPSIA will add is unclear, though some product ID info seems likely, whatever the final form. The basic label info requirements will be a good starting point, if the OP is wondering if/what is needed.

[Former_Member]

What could they do if we didn't do as they requested? Are they going to go after the seller who has made one sale? Or are they going to go after the sellers who make numerous sales?

[Former_Member]

wow everyone thanks for all the helpful info! I've been reading all morning and on a link from knitwit4ever I found this under "not covered by the new law" : Textiles used in: handbags or luggage10, brushes, lampshades, toys, feminine hygiene products, adhesive tapes and adhesive sheets, cleaning cloths impregnated with chemicals, or diapers.
That leads me to believe stuffed toys are not required to have this labeling... which confuses me. Everything seems to be talking about clothes and not other fabric products.

[FayeMaloneDesigns]

animalquackers

Would you post the link please that you are referring to?

[Former_Member]

http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm#covered

[Former_Member]

Those are ftc requirements that are totally separate from this new law (CPSIA).

I am not sure that you are reading the ftc requirements correctly, as I have not gone over it to see exactly what you are talking about. I will go over and look to see if I can figure out where you found that information.

[Former_Member]

Oh, I now see. The ftc is saying that their labels are not required on the textiles (aka supply) used to make those items. That is not to say that the items made from those textiles do not need to be labeled (aka the finished product.)

[Former_Member]

At least that is how I read it.

[TheWrapScrapPony]

Are the labels only required on items made as of 8/14, or do we have to go back and label stuff already produced?

I'm asking because, I plan on closing down shop October-February due to the birth of my daughter and wonder if I just sew up a lot of carriers this month I can avoid the labeling fiasco at this time. Hopefully by February we will all know where we stand with this law and I can do what I need to do to re-open.

[TheWrapScrapPony]

Nevermind. Found the answer to my own question CSPS website.

The law requires manufacturers to start labeling product and packaging one year after enactment. Does that mean it would affect products manufactured for the 2010 retail season or that items in retail stores would already have to have tracking labels as of August 2009?

The law requires that one year after enactment, or August 14, 2009, manufacturers of children’s products must place permanent marks on their product providing the information specified. Thus, the Commission staff believes that the tracking label requirement applies to children’s products manufactured on or after August 14, 2009.

Guess I better get sewing!

[Former_Member]

Too bad my items are custom and cannot be made ahead of time.....

[bobbinalong]

I think it is so amazing to think that I can go to Jo Ann's and purchase a couple of yards of fabric and make my granddaughter a dress. The fabric is deemed okay to make a child a dress from - safe to use and wear. However, if I make a second dress, cut from the same material, and put it up for sale, I must test it, label it. Does the government and the CPSC think we are that ignorant?

[Former_Member]

Ok I'm finally all clear on the differencces between the cpsia and ftc, thanks lauraslefthook.

bobbinalong, I agree!

[Former_Member]

I may have confused myself trying to help you out....ugh....

[bobbinalong]

I am just wondering if we won't see a change in what is needed for our labeling. With the new person stepping in, and I did see on a website that she will be making some changes, perhaps the requirements will be different. I think it would be wise to hold off at least until August to see what they will require. No need to spend money on senseless labeling materials as we know them and then have them changed.

[Former_Member]

marking

[Former_Member]

good point bobbinalong! Im thinking to wait until the very last minute and then go for a little break and work on other projects until they have more to say after Aug 14th. I too am afraid of investing in labels when they might come up with a certain standard very soon that make my labels the wrong kind of labels.. if that makes sense.

[Former_Member]

I'd like Etsy to post 'easy to understand' requirements for US and international sellers.

You are all right - it shouldn't be this hard, but since it is I'd like Etsy, to interperate for us. Especially for us internationals who seem to have walked into the middle of it all - ugh!