Very confused...please help!!

[HowellsProducts]

I make solid wood toy building blocks from all natural wood with no paint, stain or varnish. JUST PLAIN WOOD. I've been told by one person that I need to have my product tested. I've been told by two retailers who have taken my products in on consignment that my product does not need to be tested.

Can someone give me straight answer before I find myself in trouble if I am in fact in violation.

thanks,

Chris
Portland, OR

[Former_Member]

Your product is actually exempt from testing. You still need to have a CPSIA compliant label on your packaging though.

[HowellsProducts]

I package my blocks in a plastic bucket that has a label on it. Would both the bucket and label need testing? How much does testing cost?

Thanks,

I'll research out the rest because I am sure it is all on the CPSIA website.

[Former_Member]

Hmmm... you might want to rethink the plastic bucket. I know there are some regulations about packaging that is not intended to be thrown away. It sounds like the bucket is an important part of the function of the toy, and thus, would need to be tested at some point. Have you considered a fabric bag instead? Textiles are exempt.

[Former_Member]

Got me thinking here! Is it a plastic bucket that is intended for use by children (before you purchased it? Like a kid's sandpail?) The manufacturer of the bucket would be responsible for the testing of that, and you should be able to get ahold of the GCC. If the label you use is paper and inkjet ink, it won't need testing either.

[HowellsProducts]

Actually, I have considered a cotton bag. I've already picked one out, and will be ordering a 200 next week. I actually already have 3 retailers currently waiting for the blocks in fabric bags as it drops the the retail price a bit. Perhaps that would be a way to go. Either that or just have the bucket tested. It's amazing how much more money a retailer will charge just because of the bucket.

If a product is not tested, who is liable if it is in violation, the manufacturer or the retailer selling it? I've heard that it would be the retailer. In the case of Etsy, it would also be me!

[HowellsProducts]

label is paper and ink jet...I believe. Bucket is not a toy bucket. Imagine a 5 gallon bucket, but miniature in size, 1 gallon. What about plastic buckets designated for food usage? I've been looking at those as well.

thanks again

[Former_Member]

If the bucket is in the commerce stream, intended for children, then it HAS to be tested. A plastic bucket isn't going to fall under any exemptions. The actual manufacturer needs to have done that and can provide you with the general certificate of conformity (GCC). If the product passed the testing and has a GCC, I can't see how the retailer could be held responsible.

[HowellsProducts]

Great information! Thank you so much.

[Former_Member]

Gotcha. It sounds like you WOULD be responsible for having the bucket tested, since you are taking an item not intended for kids (with inherent testing), and making it intended for kids. Testing is steep, and has to be done for every lot and color, by a certified lab. Could be in the hundreds for each lot the manufacturer sends to you.

As for food grade buckets, it seems like that could be an option. The FDA would have strict regulations that may actually be STRICTER than CPSIA regulations. It would take some research to find out the specifics.

[Former_Member]

Just to clarify a point or two.
If the retailer does not have GCC for an item, which btw needs to be in the retailer's possession as an actual hard copy or in electronic form, and they are found to be selling a non-compliant item both the retailer and the manufacture of the item can be fined and investigated equally under the CPSIA. Now if the retailer has a GCC that says the item is compliant, but then the item is later found to not be compliant then it's all on the manufacturer as long as the reatiler can prove they had "good faith" because they have a certificate.
Also if you read the full exempting list of raw materials they are grudgingly allowing the use of certain edible items for use, ex. pigments & dyes (like berry stains) & sealants (like beeswax). This because the testing that the FDA does is for how much lead or phthalates is leached into the body when the item is ingested or leaves on an item to be ingested rather than what the total lead and phthalates by weight that are in a product which is the test method the CPSIA wants.