"Not Intented for Children"

A question for you folks: If I were to make (say) a cute ornament for the holidays and write in the description: "Not intended as a Toy for Children" would this be sufficient for CPSIA? Even if the ornament is cute and childlike?

Thanks for your help!
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Former_Member
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Re: "Not Intented for Children"

I have read that putting a "not intended for children" disclaimer on an item that is clearly intended for children does not protect you. It is up to the CPSIA to determine whether or not an item would reasonably considered to be intended for children. However, I would say that anything that is an ornament and is clearly described as being intended for ornamental purposes only would not be considered to be a child's item.
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Former_Member
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Re: "Not Intented for Children"

I agree with FuzzyLumpkin. I don't consider an ornament to be "intended for children", regardless of how appealing it might be to a child. In general I think we have to be careful about what we label as "not intended for children" (for example, I obviously couldn't label my baby slippers that way :) ), but you should be in the clear.
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Re: "Not Intented for Children"

If it's an ornament, it's not supposed to be a toy anyway. I read in the guidelines for UK sellers that Christmas ornaments are exempt from testing (I am only assuming the CPSIA is the same.)
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Former_Member
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Re: "Not Intented for Children"

You might want to add the small parts warning to your 'not intended as a toy for children'

Too bad that we have to label obvious items as not intended as a toy but parents today seem to let the child play with anything they want.
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Former_Member
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Re: "Not Intented for Children"

I'm not worried about the CPSIA, but I do pin a disclaimer on the bottom of my ornaments saying this ornament is made with many straight pins and is not intended as a toy for pets or children. I didn't do this until a friends dog got a hold of one and started to chew it up. The dog wasn't hurt but my husband said he'd feel a lot better if I put a disclaimer on. A lady at a craft show saw it and asked if I really needed to do it so I explained what happened.
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Former_Member
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Re: "Not Intented for Children"

please for your piece of mind when in dought use warnings.
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Re: "Not Intented for Children"

I would not consider an ornament a toy....but agree with DelilahsDesignCorner, do what will give you peace of mind...
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Former_Member
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Re: "Not Intented for Children"

Interesting question. I know that if I'm shopping for small children and I see "not intended for children" I don't buy it for them. Even if they're baby shoes. I'd probably just think the seller was crazy to make non-wearable baby shoes :)
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bobbinalong
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Re: "Not Intented for Children"

And then there are those of us making toys for kids and we can't get by with that either.

I am a grandmother of a 9-year old girl. I walked into her toy room this morning and saw, sitting on her shelf of toys, a ragdoll I had made her when she was about two or three. Well-used, well-loved, well-played with. I have been selling ragdolls in my shop until about six months ago. Don't feel I can anymore. They are made with remnants, with felt and snaps and embroidery floss and safe items but items I don't have a certification for. Can't afford testing. So just stopped.

But when I saw that doll, the anger just built up in me. There is no earthly reason that I can't make these for kids who don't have so much, or kids who are ill, or just kids period! What Congress doesn't seem to realize is the fact that women have an emotion built in - called mothering. Called nurturing. Called loving. Called caring. There is an emotion within us women that causes us to want to create for kids. Why can't they hear us?!! Is it ignorance? Do we as women need to vote all men out of Congress?!!! Because we can do that!!!! Perhaps that is what it would take to make them understand, to learn what women are about.
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Re: "Not Intented for Children"

With a whole lot of hugs to you bobbinalong, I'm gonna have to say it probably won't help to vote out the men. My congressional rep is a woman who, every time I write to complain about this law, tells me how proud she is to have voted for it. Just as clueless as her male colleagues.
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bobbinalong
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Re: "Not Intented for Children"

Okay, sewfundollclothes, we'll vote out all men and one woman!!!

The ignorant part of this law is that even if all of us making handmade stopped this very instant, what about all the mothers and grandmothers who will go to the same fabric shops we shopped at and buy the very same materials and keep going. How is the child any safer???!!! Ask your women rep that one!!
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Re: "Not Intented for Children"

bobbin, I know what you mean. If this law ends up (after the 'stay' on testing is lifted in Feb. 2010) making it so I can't sell my doll clothes ... my granddaughter will get all of them. And would I ever give my granddaughter something that might hurt her? Not a chance!

And by the way, she just lost her first tooth, and was soooo sad you didn't have any tooth fairy pillows listed. My daughter ended up getting granddaughter some cheap thing at WalMart. Ugh.
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bobbinalong
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Re: "Not Intented for Children"

SewFundollclothes, and how safe do you think the one from WalMart will be? I just feel we have lost our creative freedom. It breaks my heart to think of a little kid somewhere in this country without a toy at Christmas, or when they are sick or just having a hard time in their life.

Thanks for the interest in my tooth fairy pillows. That's another item that I have lost. We are robbing the kids of a little sparkle and fun in their lives all in the name of "safety".
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Former_Member
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Re: "Not Intented for Children"

I've wondered the same thing about ornaments; I noticed the Hallmark ornaments I got as gifts last year said Not for children under 8. (Or maybe it was 8 and under.) My first thought was that ornaments aren't for kids, but if you look on the CPSC recall webpage, the reasons for most of the recalls are for unsafe levels of lead and choking hazards.

My non-legal opinion is that it's "child appealing" and so needs the age warning, but shouldn't have to pass testing. I have some leaded glass ornaments that would NEVER pass!
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Former_Member
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Re: "Not Intented for Children"

We've also been wondering about the rules about ornaments as well as art dolls. Where it applies to us Canadians too. We have put "not suitable for children" on our shop, but is that enough?
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Former_Member
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Re: "Not Intented for Children"

I put those disclaimers on my critters which are ornaments, although they are cute and cuddley. How would I go about getting my stuff tested if I do want to make things for children? I live in New Zealand and use wool roving for felting.
Thanx
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Former_Member
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Re: "Not Intented for Children"

Sounds like something for failblog!
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Former_Member
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Re: "Not Intented for Children"

nightmare - so many sensible posts here.
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Re: "Not Intented for Children"

It is a terribly sad situation. I think I won't tag my ornaments--it would look terrible on an ornament anyway--they couldn't be hidden.

ALTTCreations--if it is all wool felt, I believe your materials are exempt and don't need to be tested. Though you are still supposed to put a tag (I think you are actually supposed to put 2 tags, another one for content and care--I am new to this) on things intended for children. I don't think you need testing, though.

I have bought many children's toys unmarked with tags here. I gave these things to my children after seeing that they were beautifully made with simple materials. Hope I won't be struck down! (I feel like this is a confession!)

Bobbin--your dolls sound beautiful. I wonder if the materials are on the exempt list and you may be able to still sell them with a simple tag and not need testing.

Hopefully this crazy rule will be turned around for small businesses and craftspeople--it is killing the handmade toy tradition.
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Former_Member
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Re: "Not Intented for Children"

Is it really, though? I mean, there are so many small business types out there making things. Isn't this really just a kind of "if someone reports you" situation? I just posted my "pocket art" which is a collectible statue of a cute cloud. It's not meant as a toy, but more along the lines of collector's edition vinyl (even though mine are resin) but I'm sure someone might give one to their kid someday. If you go into a vinyl toy store, the people in there are likely to be between 18 and 35 for the most part.

I just can't see that they're going to be policing this all that effectively. Even if I were making things for kids specifically, I don't know that I'd be all that worried. Maybe I'm not reading it right though.
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Re: "Not Intented for Children"

I put a disclaimer on the descriptions of my items, but should I also put one with the item when I ship it? The matryoshas' smallest piece could be a potential choking hazard for babies. My tomcat played with them when I was working on them but he didn't try to chew on them just batted them around. Matryoshkas are really better for older children who don't mouth things. I actually had someone tell me that her baby doesn't mouth things. A little hard to believe.
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Re: "Not Intented for Children"

You're probably fine as far as the choking hazard warning goes, but do you know if the paint and laquer you use are CPSIA compliant? I don't use those products so I'm not sure if they need to be tested or not ... maybe someone else knows?

And by the way, your matryoshas' are darling!!
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