Wall art?

[BurlapBlossomPattern]

I'm thinking about creating art for baby's rooms that can be framed. Would that need any testing, labels, etc.?

[Former_Member]

Yes and yes....

You will need to use paint that comes in under the lead levels of 90ppm...and you will also have to attach a permanent label with the required CPSIA information...

There are a few other threads in this section about wall hangings....or check out the CPSIA website for more details.

[BurlapBlossomPattern]

The kind of art I would be doing would kind of like a collage. There would be some yarn, paper, glue, thread, etc. No paint. Does it still need tested if there's no paint?

[Former_Member]

All of your items would need to be on the exempt list OR you will need test results from the manufacturer of each item you use...

You will stil need to follow the labeling guidelines...

[NotMyTreeStore]

This link provides further clarification from the CPSC regarding what constitutes a children's product:

http://www.cpsc.gov/library/foia/foia10/brief/childproducts.pdf

Since they define a children's product as something that a child is likely to physically interact with (and they use that phrase more than once in that document), I would not define nursery wall art as a child's product. While not impossible that a child *could* physically interact with wall art framed in glass, it doesn't seem likely, either.

[GracefullyGirly]

The link provided by jakboutique is really great at clarifying some questions that keep cropping up about wall art. It comes right from the source.

[Former_Member]

Right--I'm under the impression wall art is exempt. In truth, you can't really ever know what room a buyer is going to hang a piece in, so this exemption only seems logical to me.

[Former_Member]

So if i am in australia the rules dont apply to me right?

[Former_Member]

jakboutique:

Since they define a children's product as something that a child is likely to physically interact with (and they use that phrase more than once in that document), I would not define nursery wall art as a child's product. While not impossible that a child *could* physically interact with wall art framed in glass, it doesn't seem likely, either.

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I agree with jakboutique :)

[GracefullyGirly]

Kathy, They only apply to you if you want to sell to/in the US.

[Former_Member]

I've read the information in the link, but where do I find verbage for warning labels?? I've looked on the website and can't seem to find it??

[BurlapBlossomPattern]

That's such a relief! :) Thanks everyone!

[WallCakes]

I wonder if switch plates are exempt. Seems to me if a child 'interacts' with a switch plate in one part of the house, they would in another.

[Former_Member]

Keep in mind that the link, http://www.cpsc.gov/library/foia/foia10/brief/childproducts.pdf , jakboutique provides is currently a proposal. At the bottom of the document is instructions on how to contact the CPSC with any comments that you wish to make about it. Until the CPSIA commission votes to accept this proposal and publish it in the Federal Register it has no weight as a guideline. To keep upto date on what the CPSC has to say about the CPISA please sign up at the CPSIA website for e-mail updates.

[Former_Member]

im pretty sure artist materials are exempt, as art it would be well out of the reach of a child

[GracefullyGirly]

It is a proposal, simply to clarify the existing legislation. It's not a new thing, but a further detail of what we already know we need to follow. So, whether it's a proposal or not, we can go to the original and read the same basic thing. Anything is a children's item if it is to be USED by children. There's no need to read anything into it or worry that it won't pass. The original is enough to understand that children's items are those that are used by children.

[Former_Member]

GracefullyGirly,
Here's the original law please direct me to the section where it says that the item must be USED by a child http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ314.110.p...

Until that propsal is entered into the Federal Register the current registered & published guideline that the CPSIA committee is using includes items marketed towards children without defining what use is.
"What is a children's product?
A children’s product is one designed or intended primarily for children 12 years of age or younger. Toys, clothes, furniture, books, jewelry, blankets, games, CDs/DVDs, strollers, and footwear may all be considered children’s products.

In determining whether a consumer product is “intended primarily” for a child 12 years of age or younger, the following factors will be considered:

A statement by the manufacturer about the intended use of the product, including a label on the product, if such statement is reasonable.

Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.

Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

The Age Determination Guidelines (pdf) issued by Commission staff.
If a product is intended for adults or for general use by consumers of all ages, then it is not intended primarily for children. Products marketed and priced in a manner that would not make them appropriate for use by a child would also not be intended primarily for children. An example would be an expensive telescope -- because it is sold for general use by all ages, it is not a children’s product even though it can be used by a child on occasion." from http://www.cpsc.gov/about/cpsia/smbus/manufacturers.html#q3

So without reading into this statement about how to determine if your products are for children you can come to the conclusion that if you describe something to be suitable for a child's room then it's a child's product. Because use can be deemed as just viewing the item as an object of interest, even when there is no physical use by the child. It's the same as a newborn using a mobile - an adult starts the product but it's for the amusment or pacification of the baby.
If you do not infer either by the decription, tags, or visuals (ie photos of the item with children or other child related objects) that the product is for children and would be more appropriate for a general use by more adults than children you may not the testing results. But you still have to deal with the "what if" of is the product perceived by the general consumer population as being for children or if it falls into the
The Age Determination Guidelines, http://www.cpsc.gov/businfo/adg.pdf , then it still may viewed as a child's product requiring testing.
Since the law defines a child upto & including 12 years old it could impact any room decoration, even ones that are not meant to be used primarily by the child.
A child that is able to walk and climb is capable of "using" even a picture / wallhanging to whatever extent their imagination allows. For some that may mean they will only look at and never touch the picture / wallhanging where their parents place it. For other children they may take the item down from the wall and use it as a prop in some game or land of imagination they have concocted.

The use of a similar arguement could be used by a consumer watchdog group or other lobbists to shoot down these propsosed definitions, simply because they want the law to stand as is. Many of these corporations that fund lobbists would be more than happy to see small & mirco businesses fail because they can't afford to follow the legislation where as they can, just because it's 1 less competitor. That's why it's so IMPORTANT for us little guys to register on comments for these propsals that the CPSC can see there is another side to the the situation.

Also the current list of exemptions from lead testing does not include artistic paints if they used on a child's product, see http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf . Unfortunately the comment time has passed on this & the rule has been registed so any additons or ammendments would require a the process to start anew with applications for exemptions.

[GracefullyGirly]

I'm not really interested in arguing. You're entitled to you lengthy explanations but I choose to use my common sense and good judgement. You need only look a the example they gave in the link you just offered (original legislation) as well as the examples you listed. It makes it very clear. If you choose to read something else into it it's your prerogative. I just wish you would stop making extremist remarks and scaring the etsy folks into a tizzy. It's really not productive, in fact it's counterproductive.

[Former_Member]

GracefullyGirly,
I'm not looking to argue I'm just asking you to cite which part of the Public Law 110-314 or the federally registered interpetations by the CPSIA that you used to reach your determination that as of today that paintings and wallhangings are exepmt for the CPSIA if they are geared to entice adults to by them for a child's room. A simply link with the page or paragraph number would do.

[Former_Member]

GracefullyGirly says:
Kathy, They only apply to you if you want to sell to/in the US.

GracefullyGirly, I'm sorry but that's not true. KathyPanton has to abide by the laws of the country that she is in... Australia. Kathy will not be importing into another country, her buyer will.

Australia already has had strict laws such as what the US is now dealing with for many years.

[GracefullyGirly]

Original, This thread is for the US laws. It seems to me she's asking if these rules apply to her if she's in Australia. If she doesn't import to the US then these laws do not apply to her. If you want to address other laws, then feel free, but a different thread might be more appropriate so you don't confuse anyone about the laws in this discussion.

[GracefullyGirly]

jewelry, please feel free to read the law again. It is pretty clear to me. The original legislation offers an example for packaging which clarifies that it's not something typically played with so it doesn't fall under the children's category. Laws generally aren't made by those of us in the field. I think you may be reading more into it than was originally intended. If you don't agree, that's perfectly ok. I just think you're remarks are scaring people unnecessarily and that's very unfortunate. I can't help but wonder why. You don't have anything for sale in your shop and it wasn't child related to begin with as far as I can tell.

[Former_Member]

GracefullyGirly, I understand completely what KathyPanton was asking and I will state again...

The CPSIA laws are laws for the US... sellers from other countries, ie., Australia ARE NOT importing to the US - the buyer is. Ergo, other countries do not have to abide by the CPSIA laws. They need to abide by their own countries laws.

[Former_Member]

OriginalMischief
OriginalMischief says:
GracefullyGirly says:
Kathy, They only apply to you if you want to sell to/in the US.

GracefullyGirly, I'm sorry but that's not true. KathyPanton has to abide by the laws of the country that she is in... Australia. Kathy will not be importing into another country, her buyer will.

Australia already has had strict laws such as what the US is now dealing with for many years.

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EXACTLY. I do sell to the USA and there are none of these ridiculous laws here. I will only abide to the laws of australia

[Former_Member]

I imagine you can just frame it behind glass--especially in light of what jakboutique said about what qualifies as a product children would interact with.