certificate of compliance

[littlebabybat]

I consign my hats locally to a retailer. She told me I need to come pick everything up or provide a certificate of compliance with CPSIA.

I was under the impression that I don't have to test my textiles, just label them. I already looked up the labeling requirements and on any new hats I make, I'm ready to go.

If I'm not required to test, how can I obtain a certificate for her so she'll sell my hats again?

Thanks for the help!

[Former_Member]

Many retailers, especially the smaller ones, are just hearing about this law now and the effect it could have on them personally or professional if they are found to be selling items out of compliancy. Just like here at ETSY some are very confused and to make sure their backside's covered they want proof that the items that they are caring are compliant even when the government has already exempted all the materials used in the final product. Perhaps sitting down with the store owner with the government issued documents in hand (or on a notebook computer) and discussing the law and it exemptioms and requirement in regards to your products specifically will ease their fears and allow you to keep your products in their shop as long as they know that all you really need is the proper labeling. Even if your able to prove to them that the products you are making are exempt from the lead testing the retailer can still under the CPSIA law can request that you provide them with a GCC as their proof of "due diligence" if they are ever questioned on the subject of your products. This link, http://www.cpsc.gov/about/cpsia/faq/elecertfaq.pdf , will tell you what you need by law on your GCC.
If the retailer willing to read through the documents on items that are exempt from lead testing it will save you a whole lot of wasted money since from a quick look at your products it seem the caps & hats are made of entirerly exempt from testing materials. I suggest that you print this out http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf highlight the passages concerning your raw materials to prove that the government already sees that certain raw components do not have levels of lead above their specifications and do not need further testing as long as they are combined with other exempted or tested below the limit components. If the retailer is unable to accept that as enough proof of the lack of lead in your raw materials then bill them the testing as part of their final invoice and let them go through the hassle of figuring out how much to add to each item.
If it's certifications on other testing like phthalates or durability & small parts or product specific CPSC regulations there are no exemptions from this if your products fall into areas that require these type of tests.

If you decide to have you items tested after completion you would have to contact some of the CPSIA approved labs to see if any of them will do the testing on small batch manufacturing, request quotes, and ask how many samples they need per batch lot. See http://cpsc.gov/cgi-bin/labapplist.aspx for a list of approved labs. Lead testing can cost from $75 to $150 per individual base component used in the final product. So a final product that was made with 4 raw materials (ex. striped fabric, black fabric, red thread, and purple yarn) can run $300 to $600 plus the cost of the samples to get just the lead test results. The phthalate testing runs even higher about $350 to $500 for each part of the final product that needs testing. Testing costs for other types of tests, like use and abuse for small parts, vary widely and would be hard to know exactly what tests each final product would need without contacting the labs themselves.
The testing will only be good for items made from the same dye lot/batch # of raw materials. So say your able to get 10 hat from fabric with dye lot # 101 and 15 more from fabric with dye lot # 102 though you still used only a single spools of each color thread and 1 skien of yarn to complete all 25, samples from each dye lot of material will need to be tested seperately with tha above testing prices applying individually then certification written showing that both have their own set of test results.
Here's a link to the CPSIA's accredited labs http://cpsc.gov/cgi-bin/labapplist.aspx . At the bottom is a way to narrow the search by the country the lab is located in and by what test you need done.

[Former_Member]

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[Former_Member]

I had all of my materials tested by XRF gun. It is an xray gun and scans for lead levels. It was pretty inexpensive. Once you do that, you can make a GCC from the Consumer Product safety Commisions website.

[BlueMitten]

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[Lynnique]

jewelrydesignsbyme, are you a lawyer? you by far have been the most helpful in all of these forums. thank you.

i just wonder... today i was looking up some items from fellow etsians and i wonder what happens to those that are selling things not tested? what happens to these people that are selling items (while i will not name stores, i will say i was looking up children's jewelry - a touchy subject on these forums) and getting sale after sale after sale on items they are not supposed to sell.

::frustration::

[Former_Member]

Sorry not a a lawyer, so that why I advocate reading the government sites directly to form your own opinions. Basically it's a case of knowledge is power..
What can happen to persons making, selling, or marketing children's jewelry or painted items (there is no stay of testing for these types of products) is pretty clear cut if they read the law - fines start at $100,000 per infraction and jail time of upto 5 years can be imposed at the federal level and since they are in part leaving the enforcement & proscution of the law to state level General Attoneys there may also be state fines to deal with as well. Plus if found not compliant if there was ever a civil suit brought about from the harm of a child the prosecuting attorneys can use the government's findings as their proof because in the near future there is supposed to be a publically accessible data base much like the recall notice and product warning pages at the CPSC. Of course it really does depend on if the state GA or the federal government catches them and businesses are willing to take that chance. On the flip side of that is the government will take a report of items in violation from a private citizens or consumer watchdog group with validation an must investigate the claim within, I think, 30 days of the submital of proof of violation. Keep in mind a violation can be as simple as not having the tracking label on the product &/or the packaging for a product made after 8-14-09.

[Former_Member]

I was wondering the same Lynnique!

I wonder if some shops don't care....
I also think some people aren't aware of the laws...
It is frustrating though...I took out all of the items in my shop that weren't on the exempt list. I am only using materials that are either exempt or I have the GCC's for...it is irritating though, because people are still buying that stuff and I feel that it is taking sales away from people who are following the laws.

Some people don't come into the forums so it may be a case of them being unaware of the consequences!

[LeafandYard]

I know of at least one shop that is fully aware but thinks a disclaimer is enough. It worries me because I don't want to see this person or her shop in trouble for it. Her products are as safe as mine are, but just knowing that doesn’t matter to the law.

[FayeMaloneDesigns]

I think everyone should worry about their own products. You can't police other people and what they sell. Some things may have been tested, according to the law, you can't state that you are compliant. Yes, some bling products are not okay, but if the person doesn't know or doesn't care or just likes rolling the dice, then it is not up to us to deal with them.

Can you tell if someone's buttons are compliant? No, you can't, and only if they are selling wholesale do they need to supply paperwork on testing to the retailer. The paperwork does not go to a customer who buys from you or from a retailer.

This law was not publisized, and the media wants nothing to do with it. In only 64 pages the lawmakers who wrote this job killer have put umpteen small businesses out of business, and filled the landfills with perfectly good products. And these fools think they can "create jobs and spur the economy" .

[Former_Member]

So, can anyone tell me if we can still use the origional manufacturers certificate of compliance for the next year? I thought I read somewhere that their was another 1 year extension. Is that right?

[FayeMaloneDesigns]

yes you can, but remember the certificates only apply to the original batch that supplier tested. So you can't use it for every order that you make with them. They may have changed their supplier and the certificate will not apply.

[Former_Member]

Hi littlebabybat -

As I read the law, you are correct. Non-metallic yarn and textiles, dyed or undyed, are exempt from lead testing. Here is a link to some data that was presented to make that argument:
www.cpsc.gov/about/cpsia/crafts.pdf

To see all of the exempt materials, go to page 8 of the "Guide to the Consumer Product Safety Improvement Act for Small Businesses, Resellers, Crafters, and Charities".
www.cpsc.gov/ABOUT/Cpsia/smbus/cpsiasbguide.pdf

Hope this helps!

[Former_Member]

Our government does not seem to care who goes out of business. They seem to want to make it harder on the small businesses and try to put us out of business. I for one agree that we do not need to import the garbage they send over from China. there are no textile factories in the US as far as I know I am not here to bash any one store but if people would of stood up and demanded to keep our factories here we would be in much better shape and we would not have to worry abut the lead in items we are trying to sell. I am willing to bet they never even read this bill before passing it.
here is one link I found on factories here in the USA
http://www.apparelsearch.com/manufacturer_clothing_factory_directory.htm

[Former_Member]

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[Former_Member]

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[Former_Member]

OK I was asking some of my customers today about what they thought about this new little gem the government gave us about everything has to be certified and most of them do not know anything about it. I gave them the papers I copied off the Internet and they were shocked as most of the people on here. some of these customers are also crafters. We decided to get the labels and make sure our stuff is safe since there are 5 of us that make baby items. one person said they might have checks in the bigger craft fairs to see if people are compliant. I don't now if they would but you never know nothing surprises me any more.
I will tell other crafters about all of this tho it may save someone some grief.

[Former_Member]

So if I so with Flannel and Warm and Natural that I buy from a fabric store. Then are these Item exempt. Lets face it all of our fabrics come from China.

I know that we sell kids PJ's at our craft shows made of cotton but clearly tell people what they are getting we hide nothing they make the choice. Clear and Informed.

Do we now have to get a certificate for all the fabric we buy

[FayeMaloneDesigns]

No you don't need a certificate on your fabric, not your batts, they are exempt from testing. But if you use any treated fabrics, vinyl, oilcloth, water repellant, screen printed for example, then those fabrics would have to have either testing certificates of compliance, or would have to be tested by you.

Regarding the PJ's, including "lounge sets". They MUST be made of fire resistant fabric, there is no getting around this, it is reiterated in this law and to include so called "lounge sets" made of flannel bottoms, and t shirts. There is no disclaimer that you can use to cover yourself.

[old2newmemories]

Are Minky fabrics and hand and machine embroidery thread exempt?

[FayeMaloneDesigns]

textiles are mostly exempt. Thread is a textile, yarn is a textile, batting, fiberfill, interfacing are textiles, as is woven and knit fabric, felt.

[Former_Member]

SERIOUS QUESTION: Most of you seem to be working with fabrics, so I may be in the wrong thread to ask a jewelry question. I have a supply shop here and a lot of my items are from my personal closet stash going back over many years. I have no idea where I got them, when or if they are lead or nickle free. It wasn't such a big deal back then when I bought them. Who knew it would come to this? So my question is this: Am I allowed to sell them or not? How would I certify them myself when I can't retrace where they came from or when? I am one person doing this part time when I get a minute, and am not financially prepared to laboratory test all the junk in my closet that I think someone else might like. Does that mean I can't sell my old stuff?

[Former_Member]

It does not mean you can not sell your destash it just means that you can not sell or market the supplies for use by or to be used on a child's item.
Here's how the bigger jewelry suppliers are wording their disclaimers, so it might be a good idea to include something similar in your listings.
Fire Mountain's disclaimer on their supplies :
"Please note that none of our products are intended for children's jewelry designs or for use by children." from near bottom of page at http://www.firemountaingems.com/customerservice/csdocs.asp?docid=CSTMRSRVCLEAD

Ring's N Thing's disclaimer on their supplies :
"Our products are not intended for children's jewelry, or for use by children under age 13. " from near bottom of page at http://www.rings-things.com/index.html

Mosnsterslayer's view on children's jewelry:
"Are items on this site suitable for children's jewelry?
The products on this website are not designed for or intended to be used by children 12 years of age or younger. The Consumer Product Safety Improvement Act of 2008 (CPSIA) sets limits of, and testing requirements for lead in children’s metal jewelry. We have not attempted to test the products on this website for conformance to CPSIA standards. If you manufacture jewelry for children, you are responsible for testing that jewelry for lead and maintaining compliance with the CPSIA. " from near bottom of page at http://www.monsterslayer.com/InfoPages/faq.aspx

[Former_Member]

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[Former_Member]

As far as I know Minky fabrics are exempt and all threads are exempt