new and really lost...

[Former_Member]

hi, everyone this is my first post and i wish it were different one but this is the place to come for help right??
so i am getting ready to open my very first shop :) yay:) ....I think :(
i make clothing from "scratch" and i make upcycled or repurposed clothing items and i have started making items for baby/children recently all NEW materials nothing is recycled (not toys tho). my question is do i have to label everything? i have tags with my shop name i plan on using but none with the materials, mostly "baby/children" fabrics but i have been reading alot about the cpsia and how you can get into trouble for not tagging/testing items(not even sure what testing means and involves). i am afraid to list any of my children items now.
I guess what i really need to know id what items fall under that category?? and how do i go about getting it done??
any help with this would be very much appreciated!
Marti

[Former_Member]

Under the FTC just about all clothing, including ones for adults, pretty much needs to have care and content labels even if your upcycling fabric or recycling fibers. I don't know what the FTC fines or penalties are but have heard of at least one case against DC area seamstress that made theater costumes being shut down for 5 years for investigation for violating The Textile and Wool Acts. You may want to start with http://business.ftc.gov/selected-industries/clothing-and-textiles to see which of the Acts and regulations the FTC oversees that you may need to follow.

Under the CPSIA items even when made with 100 % lead testing exempt materials children under 13 sized clothing will need an aditional a permanant label for tracking purposes. The tracking label must lead back to a GCC kept in your files. This label is governed by the CPSC, a seprerate government agency than the FTC with it's own acts, regulations, and laws to enforce including ones about fabric flammability and burn rates when used on certain types of clothing. Additionally under the CPSIA you need to have lead test results for any non-exempt item included on the kid's clothing like zippers, buttons, snaps, fastner frogs, screen print inks, fabric paints, iron-on transfers, and other non-fabric embellishments. Depending on the sizes of children's clothing your producing additional tests may be required like phthalate, small parts, and strangulation testing.
For the current full list of raw materials offically exempt from CPSIA lead testing please read http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf
An update on the stay of 3rd party & component testing
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10083.html
Tracking labels required on every product for children under 13
http://www.cpsc.gov/about/cpsia/sect103policy.pdf
Overview of what needs to be on a GCC
From http://www.cpsc.gov/about/cpsia/faq/elecertfaq.pdf
A general overview from the CPSIA for Small Bussinesses
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.html
The CPSIA main pages
http://www.cpsc.gov/about/cpsia/cpsia.html
A gateway page for summeries of the law by subsection
http://www.cpsc.gov/about/cpsia/legislation.html#summaries
CPSC page to search for product specific regulations
http://www.cpsc.gov/cgi-bin/regs.aspx
A timeline from the CPSIA http://www.cpsc.gov/about/cpsia/rulemaking.pdf
Also the lead testing and phthalate tesing is retro-active as considered by certain states Attorney Generals' offices
http://www.cpsc.gov/library/foia/advisory/317.pdf

[saburkitty]

Aka don't buy or sell clothes here?

These law are scary as hell. So another dream of mine gets flushed, at this time I don't have the funds.


Thank you jewelrydesignsbyME ^_^ you always have the answers!

and best of luck XANIupcycledThreads ^_^

[Former_Member]

Wow! I wouldn´t have known that! Good luck though! x

[Former_Member]

WOW! so basically I can't make or sell anything now :(
I don't have the money for testing. I was doing this to earn money not lose it...wow...I really love sewing and making things for other people now I kinda feel like i have been doing something illegal :(

[CamannawensCrafts]

With this being an american site but I'm UK based do I still have to comply with these very scary looking regulations?

Not even sure if I can comply with the ones we have when I've been looking at it all,

I'm textile based making bags and accessories and some things are too small for labels and while I was studying (only graduated this june) these were all the types of questions I was asking about what needs to be tested and labelled and how to go about it all, no-one seemed to know, not even the staff! They kept telling me not to worry about it... obviously my worries were warranted!

I find all this very disheartening for people like us who enjoy making things but then have to jump through major loops and still not know whether or not we made it through! xx

[theolivetreeboutique]

I don't know a lot about this but...If the material is already bought and made and you are just re-using it...shouldn't it already have been tested and therefor be covered?

For example someone who uses a Disney Princess fabric to make a new item doesn't have to pay for the copyright on that fabric because it has already been paid for by the seller.

Anyways I could be way off here...but just a thought.

It is always a good idea to send care instructions and disclaimers about your items :)

[FayeMaloneDesigns]

Oliveree
fabric for the most part is exempt from testing. But YOU are the manufacturer of the finished product according to US law, so you are responsible for all testing.

As to Disney fabric, that is another whole subject. You can say, Made from Princess fabric, you can not say, Disney Princess. You are not Disney, By leaving out the made from, you are implying that you are selling a Disney product. Some would say, you can not even use Disney fabric for anything that is for resale.

As to care labels, for many things they are just cool to send they are required by law.

[ByNanasHands]

"Licensed" fabrics cannot be used to create something to sell. The fabric company has purchased a license to SELL the fabric, companies such as WalMart have purchased a license to SELL an item displaying the company logo, name, characters etc. If you purchase Disney Princess fabric and make a crayon apron, a baby blanket, a bib, a one piece jumper outfit you cannot SELL it. You are free to give it away. Unless you physically purchase a license from Disney to SELL something made from Disney fabric you cannot SELL it....this goes for sports teams, Hello Kitty....etc....

[FayeMaloneDesigns]

And that is another whole topic. There is a first sale doctrine. But best you contact an attorney. Since we aren't, let's not go there. Many battles have been fought over this in Business, and they haven't ended pretty.

[Former_Member]

Thank you jewelrydesignsbyME for that comprehensive list - now I know what a Certificate of Compliance is!

[Former_Member]

Labelling everything/testing everthing?!? I think it's absolutely assinine! We're just crafters! People making handmade crafts to help pay some bills. The people buying items here know that. I don't think they expect that our items be sent to NASA for testing. It's a fricking apron, pot holder, etc... it's ridiculous. I guess the government doesn't think there are enough things to fine people over. Gotta fine us for making pot holders now.

[FayeMaloneDesigns]

" It's for the children!!"

Bull pucky, it's for control, scare the crap out of people, and make them dependant on the gov. They know best, ya know? They will all be happy when we are all on food stamps, medicare and medical, unemployment benefits for life, and beg them for a pair of shoes. Welcome to Venezuela!!