The answer must be out there somewhere ... but WHERE?

[Former_Member]

I am going to apologize up front. I know there are a ton of CPSIA posts already - and there is a chance the answer to my specific question is buried in one of them, but I can't find it as of yet.

I just printed off and read through the CPSIA Guidelines (http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.html).

Here is my question: I make felt hairclips and through my advertising and statements, obviously intend them for children 12 and under, although older girls and women could wear them as well. They are very simple in regards to materials used. Most use felt, embroidery thread, and a metal snap clip. Some include buttons, others include iron-on letters.

From what I've read, I understand that the only part of my materials that I would need to test is the metal snap clip, correct? What if I buy it from a manufacturer who has already done their own testing? Must I re-test? Does my entire finished product need tested? I know there is reading material out there and I am trying to educate myself as best I can, but I just can't find any straight forward answers.

And I assume testing is expensive and frankly, I don't bring in nearly enough sales right now to justify that - so my best bet would be to close shop. Maybe I am regretting the $125 I just dropped in the mail for my LLC ...

Hoping someone can help me come out of my funk and worry!

[Former_Member]

Megan-

Currently component testing is not allowed, so yes- you would have to have the entire finished product tested.

The metal would need to be tested, and also the ink used in the iron on- both for lead. If the buttons are plastic, they will need to be tested for phthalates. If they are metal, tested for lead, if they are unfinished wood, they are OK.

These tests must be repeated each time you make a new "batch", and the test is destructive.

These tests will be required by the CPSC as of Feb 10th, 2010 but you are still responsible for the content...you just don't need a certificate proving it until then.

-John

[Former_Member]

John - thank you for the breakdown. So to clarify - the stock items that I already have made are okay to sell up until Feb 10, 2010?

I know I'll just stop using buttons altogether to decrease my testing need by one.

What constitutes a new "batch"? Meaning each time I go out and restock on felt or clips and make more?

And I assume that all of this *could* still change ... for better or for worse ... right?

[Former_Member]

"So to clarify - the stock items that I already have made are okay to sell up until Feb 10, 2010? "

Right- those do not need to be tested, BUT they do still need to meet the lead and phthalate level requirements in the meantime.

"What constitutes a new "batch"? Meaning each time I go out and restock on felt or clips and make more?"

Exactly.

The Handmade Toy Alliance is working hard to get have changes made. Don't forget, as of August 14th 2009 each item will be required to have a permanently affixed tracking label. The label must show Name of manufacturer (you), country of origin, location of manufacture (such as State, USA), date of manufacture, and batch number. You will need to devise your own method of labeling and tracking batches.

-John

[LaurieRyan]

http://www.etsy.com/forums_thread.php?thread_id=6203479


another reason why we must continue to fight this stupid law. why should megan have to spend good money to retest something that has already passed said tests? it is unreasonable of that new law to demand that. fight people we can still win this

BTW I have written my share of letters and will continue to fight even though I do not make stuff for kids

[Former_Member]

John - Thanks again for further clarification.

The label thing concerns me. Some of my clips are just 2" wide - where in the world will I affix a label? If I am unable to then am I not allowed to sell? No one is going to want a hairclip in their hair with a label hanging off the side.

What are others doing out there who make small items that a label would not fit on?

LaurieRyan - I applaud you for fighting the fight you have even though you don't even make stuff for kids. I am going to have to start acting fast, further educating myself, and write letters as well.

[Former_Member]

I totally understand- there are a lot of people who just don't have any efficient means of labeling. The HTA recently reached out to Inez Tenenbaum to see if she will step in and break the previous 1-1 deadlock vote on staying tracking labels. Now word on her response yet.

It's not too late to start contacting the staff of your Congressmen and tell your story.

[Former_Member]

I really, really appreciate your willingness to bring me up to speed on all of this. I am sure that some people are tired of repeating the same information over and over. I just went to the downsizedc.org site and submitted my letter and obtained the addresses of my congressmen so that I can send personal letters as well. Thanks again -