news release just in from the CPSC

[#1]

NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207

FOR IMMEDIATE RELEASE
February 6, 2009
Release #09-120 CPSC

Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

CPSC Spells Out Enforcement Policy For New Lead Limits In Children's Products Effective February 10

WASHINGTON, D.C. - Starting on February 10, 2009, consumer products intended for children 12 and under cannot have more than 600 parts per million of lead in any accessible part. This new safety requirement is a key component of the Consumer Product Safety Improvement Act (CPSIA) aimed at further reducing children's exposure to lead.

In an effort to provide clear and reasonable guidance to those impacted by this important law, the U.S. Consumer Product Safety Commission (CPSC) is announcing its enforcement policy on the lead limits established by the CPSIA.

Manufacturers, importers, distributors, and retailers should also be aware that CPSC will:

*Not impose penalties against anyone for making, importing, distributing, or selling

**a children's product to the extent that it is made of certain natural materials, such as wood, cotton, wool, or certain metals and alloys which the Commission has recognized rarely, if ever, contain lead;

**an ordinary children's book printed after 1985; or

**dyed or undyed textiles (not including leather, vinyl or PVC) and non-metallic thread and trim used in children's apparel and other fabric products, such as baby blankets.

(The Commission generally will not prosecute someone for making, selling or distributing items in these categories even if it turns out that such an item actually contains more than 600 ppm lead.)
Sellers will not be immune from prosecution if CPSC's Office of Compliance finds that someone had actual knowledge that one of these children's products contained more than 600 ppm lead or continued to make, import, distribute or sell such a product after being put on notice. Agency staff will seek recalls of violative children's products or other corrective actions, where appropriate.

*Issue an interim final rule effective February 10, 2009, which establishes alternative lead limits for certain electronic devices, in order to prevent unnecessary removal of certain children's products from store shelves.

*Accept a manufacturer's determination that a lead-containing part on their product is inaccessible to a child and not subject to the new lead limits, if it is consistent with the Commission's proposed guidance or is based on a reasonable reading of the inaccessibility requirement. Paint and other coatings or electroplating are not considered barriers that make a component inaccessible.

This enforcement policy will remain in effect until superseded by action of the Commission.

CPSC still expects companies to meet their reporting obligation under federal law and immediately tell the Commission if they learn of a children's product that exceeds the new lead limits starting on February 10, 2009. Companies also should know that the CPSIA generally prohibits the export for sale of children's products that exceed the new lead limits.

As announced on January 30, 2009, the Commission approved a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers. Significant to makers of children's products, the 'stay' provides limited relief from the testing and certification for total lead content limits, phthalates limits for certain products and mandatory toy standards. Manufacturers and importers - large and small - of children's products will not need to test or certify to these new requirements, but will still need to meet the lead and phthalates limits, mandatory toy standards and other requirements. Certification based on testing by an accredited laboratory is still required for painted children's products and soon will be required for children's metal jewelry, as well as certain other products for non-lead issues.

[Former_Member]

The Phlalates in clothing are exempt except for items intended for children under three used for feeding or sleeping. As for toys made from the fabrics you mentioned, I would ask for clarification from the CPSIA.

[Former_Member]

Or I would call the manufacturer and get their MSPS.

[Former_Member]

As I understand the law now, natural materials only fall under the lead portion of the law. Under the Phthalate portion, all toys for children under the age of 12 plus under the age of 3 child care products would be affected, without exemptions. Even natural fabrics! As it is worded it does not suggest that they are making exemptions at all!
That means bibs, baby quilts, because they facilitate feeding and or sleep. My childrens crayon packs are out! They are a toy for kids under 12. The ribbon on the pack is polyester gro-grain ribbon.
Below is the Phathalate Portion of the guidance for Phathalate compliance:
CPSC Issues Guidance For Complying With Phthalates Requirements In New Child Safety Law

WASHINGTON, D.C. - Starting on February 10, 2009, children’s toys and child care articles cannot contain more that 0.1% of six phthalates (DEHP, DBP, BBP, DINP, DIDP, and DnOPA) regardless of when they were manufactured. The CPSC will abide by a court decision (pdf) issued yesterday ruling that the prohibition on phthalates in the Consumer Product Safety Improvement Act of 2008 applies to products in inventory. Phthalates are a group of chemicals (oily, colorless liquids) that are used among other things to make vinyl and other plastics soft and flexible.

A “children’s toy” is defined in the statute as a product intended for a child 12 years of age or younger for use when playing. The Commission has previously stated that it will follow the definition of toy in the mandatory toy standard which exempts such things as bikes, playground equipment, musical instruments, and sporting goods (except for their toy counterparts).

The statute also prohibits phthalates over the limit in “child care articles,” which include products that a child 3 and younger would use for sleeping, feeding, sucking or teething. By way of example, a pacifier/teether would be an item that would help a child with sucking or teething; a sippy cup would facilitate feeding; and a crib mattress would facilitate sleeping.

Companies must meet their reporting obligation under federal law and immediately tell the Commission if they learn of a children’s toy or child care article that exceeds the new phthalates limits starting on February 10, 2009. Companies also should know that the CPSIA generally prohibits the export for sale of children’s products that exceed the new phthalates limits.

The agency will be issuing further guidance information next week.

[Former_Member]

Why is 1985 the year for books? Did something important happen that anyone knows about?

[Former_Member]

phthalates... only applies to plastics, and vinyls... which is also why vinyl and plastic "textiles" are exempt from the exemption, because they fall under both regulations.

they MAY contain lead but they most likely WILL contain phthalates.


labs aren't going to phthalate test textiles and things that aren't known to have phthalates... it's a waste of their time, and your money.

[Former_Member]

the law is certainly flawed... the way it's written. but don't let that stop you from using common sense.

[Former_Member]

and definitely don't let it get you worked up and freaking out trying to test your cotton toy for phthalates, because you're scared they will lock you up.

no one is going to jail for an item that doesn't contain the toxins under the law.

there's a lot of hysteria over this, and it's been intentionally fed to us to make us stress out, and play into whomever's stupid game...

but, remember.... KNOW YOUR SUPPLIES. KNOW YOUR PRODUCT.

bottom line.


and you will be fine.

the main goal of the law, is to strengthen penalties for companies that make toys from the cheapest possible materials and endanger our children.

that's not us.

stay on your A game, and you will be fine.

[TheFairiesNest]

Amen!

[Former_Member]

Hulamoon because inks fell under the 1977 lead in paint law, which means that till 1985 it's possible that ink containing lead may have been in supply stock at printers until that time. (and illegal to use at all after that date.)

However, I don't know IF there is a good case to be made that ink EVER had lead, IF lead from lead type could be transferred to the page by ink, or if kids could possibly ingest lead from touching,reading books.
(don't know about all of you, but I'm pretty protective even of the children's books, and never let the kid chew on or mouth them. )

Please do not eat your books even if they are POST 1985 printings.

BOOKS are FRIENDS not FOOD.

[Former_Member]

Okay. I get my fabric from Jo-Ann Fabrics. Mostly ALL cotton fabrics except for PUL for the cloth diapers.

I make burp clothes, cloth diapers, nursing pads, nursing covers.

All of these are made out of cotton or PUL and thread. No metal or other embellishments are used.

Question 1: Do I have to get these tested myself? What do I need to do to be able to sell these after 2/10?

Question 2: Are nursing pads considered a "baby product" or an adult product? In my eyes, they are adult because the mother uses them not the baby.

Help - i'm just so darn confused on all of this on what can and can't be done or sold or used or what needs to be tested and what exactly is "exempt".

[Former_Member]

So, where does leather baby shoes fall into this tangled web of laws? I make little Nappa suede garment leather baby shoes and am not sure what's required. I saw in one CPSC release that shoes and socks were exempt from, was it lead testing? I am having them XRF tested anyway, but do I need to test them for phthalates? I do use shoe laces and there is a clear tip on the end. I suppose I could find another material to lace them with. Or put Snap Source snaps on them, Ha!

[Former_Member]

at this point, textiles do not have to be tested.

textiles includes all your fabrics, threads, yarns, polyfils, stuff of that nature.


IF YOU ARE USING PLASTICS, or vinyls... those have to be tested for lead and phthalates. no matter where you buy them, they are textiles, but they are not included in the exemption, because the nature of their manufacturing may contain lead or phthalates.

[Former_Member]

socks are exempted form phthalates testing... i knew that a couple months ago... but, i was waiting on a textile exemption for lead.

leather... i have no idea... i don't know about it's process. real leather... pleather, i know would fall under phthalates testing... not sure about lead.

[Former_Member]

Thanks for this.

[RebekahsBowtique]

This is great for fabric hair bows! I have never used the rhinestones or resins simply due to being a choking hazard or for the possibility of lead. Only fabric ribbons...so I am good~ Only part I need to consider to test is my metal clips (supplier has already stated they are safe but I haven't received the certification yet) SIGH! Hair bows do not fall under phthalates ban only lead. I can breathe alittle easier now :)

[TheRusticHome]

FINALLY!!!
This is making sense and can be worked with!

[Former_Member]

Here is greater detail in regards to the Press Release:

http://www.cpsc.gov/library/foia/foia09/brief/101lead.pdf

I believe that leather was not exempt...but maybe shoes are?

The only reason I am not going to sell bibs anymore is the velcro closure and phlalates. Not sure if they have phlalates or not. And it's not worth it to switch to a snap or button. Must be lead tested then...And I consider string ties a BIG no no around the neck...but maybe I am overly cautious.

[RebekahsBowtique]

Poppylarity, I have seen bibs that have fabric all the way around and where the neck opening is the material is just stretchy....my daughter has two of these! Is that doable...? would make it all fabric/textiles that way :)

[Former_Member]

How about poly-fil? (Synthetic stuffing?) I didn't read all the postings so hopefully no one has already answered this.

Thanks!

[Former_Member]

Some one said
"Nylon, rayon, and accrylic are synthetics. So does that mean acrylic yarns are out? Because that would put a serrious crimp on charities like the Linus Project. They perfer acrylic yarns for hand made items."

FYI- Rayon is not a synthetic, it is derived from plant matter thus is a natural fiber.

[Former_Member]

this is great-thanks for the info!!

[Former_Member]

This is wonderful news!
I am hopefully optimistic.

[Former_Member]

Oh, this helps me out in the mean time! I hope the permanent amendments reflect this same hope!

[Former_Member]

happy happy! joy joy!

[Former_Member]

This is GREAT! Thank you!