Totally Confused... Help, please

[Former_Member]

So I am new to Etsy and just started going through the different forums about CPSIA. I have read many of the links, but I am still completely confused. My products are intended for decor, not toys. I am advertising them in the children category, but they are not exclusive to children. I can't find anything in the links I read on the CPSIA site that references decor, wallhanging, or items not intended to be touched or played with by children. Can anyone help? The more I read, the more confused I am getting. Also do I need to have tags on these items. And is it true that tags don't have to be used till 2011?

[Former_Member]

I wouldn't worry about it, honestly...I think people make a bigger deal about it on here than necessary. But that's my opinion...

[Former_Member]

It seems it is always good to use all the tags, there you can put in all the categories and preferences you like, I hope this works when people search for stuff.

[Former_Member]

I would err on the side of caution. If in doubt, use the tags.

[Former_Member]

Room decor and accessories are covered by the lead testing and tracking labeling portions of the CPSIA if you describe or market your items for the use in the rooms of children under 13. The only questionalable part of your floral creations that I see could cause a problem with the CPSIA is the stems that you use, since the covering on the wood dowels looks like paint which you must prove is below 90 PPM of lead even if it is home made milk paint you still need to prove the lead levels. Fabric and thread, as long as they are non-metalic looking or vinyl coated, are exempted as well as untreated wood. So if all your raw materials are exempt then all you would need is the tracking label permanantly attached to the final product.
If you don'thave test results showing the lead levels in PPM for your non-exempt raw materials than you may want to avoid using descriptions & tags that directly link your products as a child's room decoration and use a broader terms that don't put the direct idea of children in the mind of the purchaser.

[Former_Member]

Thanks jewelrydesignsbyME. The stems of my flowers are actually wrapped in floral tape, so there is no paint. Is that an exempt item? Also where exactly did you find this information?

[Former_Member]

As far as I know floral tape is not mentioned on the exempt material list. Since it's basically considered a general use item you may have problems getting a GCC or test results from the manufacturer of the tape to prove compliance. Perhaps you can develop a fabric cover for the stem, that way all of your basic raw materials are lead testing exempt.

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

Here's some reading to get you started on understanding the CPSIA.

The main CPSC website
http://www.cpsc.gov/

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

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

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

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.
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.

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

[Former_Member]

marking, thanks

[Former_Member]

Wow! jewelrydesignsbyME you ROCK. Thanks for the information. I think your suggestion on using fabric for the stem is a good one. I'll have to play around with it to see what works.

[Former_Member]

Marking. Thanks for all the links Jewelry!

[Former_Member]

marking

[Former_Member]

A lot of scare tactics have been used in the forums as well as in the media. There is so much other hazardous stuff out there that the CPSIA would have to govern everything that comes in contact with children. I think the reality of the CPSIA law is that it has to be revised considerably before it will ever be enforceable. If the CPSIA could have it's way and if the gov't representatives allow this law to stand in its present form, the law will never stop there...it will continue to be expanded to everything that is touched, comes in contact with or is of interest to children, no matter what it is. So much for your freedoms of choice!

[Former_Member]

The CPSIA law was intended for big business manufacturers & not for the crafters, & small business types but because of the wording of the law it has been interpreted as covering anyone & everyone who makes a child's product. Therein lies the error of this law..it is not enforceable in its current state & until revisions are made, there need not be panic & mayhem within the crafting community. As long as crafters do not knowingly use hazardous products in the process of making their crafted items & take all the necessary precautions to make products as safe as possible I doubt that anyone need to fear for their life.