wall art and the CPSIA?

[Former_Member]

So does anyone know how this affects wall art intended for children? Or, room decor in general, that is meant to be displayed and not touched or played with?

I make mobiles that hang from the ceiling and are not toys and are meant to be looked at only...I mean, they are made with wire, which is not baby/kid friendly no matter what it is made with. Just wondering how such things will be affected.

any info?

[Former_Member]

The various sections of the CPSIA affect all children's product regardless of if the are meant to be played with or worn. Though certain items are exempt from certain subsections since they are not meant to be handled like you would not have to do the phthalate testing even if your mobiles and wallhangings are geared to decorate a nursery they are still subject to other provisions under the CPSIA since they are marketed as a children's decoration.

Here's some reading to get you started on understanding the CPSIA. You may want to consult a legal professional to help you understand how it applies specifically to your products.
The main CPSC website
http://www.cpsc.gov/

The CPSIA main website
http://www.cpsc.gov/about/cpsia/cpsia.html

CPSIA guidance for small businesses/crafters includes Table : B exempt from lead testing raw material list
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf

Tracking labels
http://www.cpsc.gov/about/cpsia/sect103policy.pdf

CPSIA's FAQ page
http://www.cpsc.gov/about/cpsia/sect103.html#103q8

The CPSC's age determination guideline http://www.cpsc.gov/BUSINFO/adg.pdf

A timeline from the CPSIA http://www.cpsc.gov/about/cpsia/rulemaking.pdf

Standard Operating Procedure for Determining Total Lead (Pb) in
Children’s Metal Products (Including Children’s Metal Jewelry) found at http://www.cpsc.gov/about/cpsia/CPSC-CH-E1001-08.pdf

Even non-metal components must be tested using destructive digestive testing read more here http://www.cpsc.gov/about/cpsia/CPSC-CH-E1002-08.pdf

Small Parts Regulations Summary http://www.cpsc.gov/BUSINFO/regsumsmallparts.pdf

[Former_Member]

What a pain.

[Former_Member]

I'm trying to figure out the same.... It will be affect my items.

[Former_Member]

thewonderlandstudio....very nice mobiles.

[azek2000]

I wonder if you clearly state in your listing not intended for children under the age of 13- and Not a Toy-you would be exempt?

[Former_Member]

Well, I specifically market to kids...i mean, that's my thing! They are for hanging over the crib/changing table, etc., but from the ceiling. They are art, not toys and not to be touch, which I clearly state on every item listing. Never mind lead or phalamites (sp??), who wants their kids playing with wire?

it's funny how its no problem if the materials are glass, metal or other (possibly) dangerous materials, as long as it doesn't have these things in them, then it's okay for babies! An empty glass frame, No Problem! A canvas oil painting of fuzzy ducks, whoa...danger!

crazy...what about common sense? Things that are hung on walls and ceilings are there because they are not meant to be in reach of children. Right?

okay...i'm done ranting!

oh, and thanks VaDaVille!

[azek2000]

Ok- then I wonder if you should market them as artwork. You may have to call the CSPIA phone number and ask cause this is a tricky one and definately a gray area.

[Former_Member]

azek2000 that might be possible for thewonderlandstudio to do if she decides to make simple changes in her Shop Announcemant, tags, and descriptions to drop any mention of directly maketing the mobiles with the entertainment of a child in mind. Change "Thank you for visiting my shop! I specialize in making kinetic mobiles for children...perfect for over the crib or changing table. The constant movement will keep your little one mesmerized!" to perhaps "Thank you for visiting my shop! I specialize in making kinetic art
mobiles were the constant movement will keep anyone mesmerized!" Thus maketing these mobiles as a general use item (something used by adults more than children) rather than something specifically for a nursery.

But this still might not stiffle the argument in the governments' collective mind if they and consumer watchdog groups still feel that these mobiles are still primarily for child. Here's what the government says about mobiles but without directly defining what differentiaes an art mobile from a children's mobile. The same problem jewelry designers are having since there is no clear cut guide or definition of what makes a piece of jewelry appropiate for children, unlike clothing where size is the defining guideline.

"Mirrors and activity gyms should securely attach to the crib or wall, or be well balanced enough to remain standing on the floor as the child interacts with it. Mobiles should be designed for hanging directly above the infant so the suspended elements are oriented towards the infant—rather than being angled so their profiles are directed towards the infant—and so each element will fit within the infant’s visual field. Mobiles should remain outside an infant’s reach since they are meant to be watched, not manipulated by the child. Mobiles that have sensory elements other than movement, such as soft sounds or music, are especially appealing." page 30 http://www.cpsc.gov/BUSINFO/adg.pdf

"However, starting at about 5 months of age, when children begin to push up onto their hands and knees or begin to sit up, mobiles, suspended crib gyms, and similar toys are no longer appropriate since they can pose a strangulation hazard." page 31 http://www.cpsc.gov/BUSINFO/adg.pdf

[Former_Member]

Thank you for bringing this topic up. I've wondered myself - since I make wall hanging that seem to get bought for nurseries more than any other time. But since I don't specifically mention that in my shop announcement...

[Former_Member]

ya...i'm not going to change my shop announcement. I mean, that would be simple, but this is what I do...I make mobiles for kids and I don't want to pretend otherwise. I do make these for adults as well....I mean the mobiles themselves are for anybody, but my marketing strategy is geared toward children and that is what I love about making these....I love exposing kids to art on a regular basis...I'm also an illustrator and I specialize in children's media, so when I sell a children's print or painting, I will run into the same problem, I guess.

I usually use Art as my first category tag here on Etsy...because I consider them to be art first and for children second. I'm hoping that because they are not intended to be in the reach of a child, mobiles and wall art will fall into some CPSIA loophole. Common sense would think so, but we will see, I guess.

...also, my mobiles are made to hang from a hook directly screwed into the ceiling, so unless you have really low ceilings or very, very tall toddlers, then they are definitely out of reach. ;)

[Former_Member]

cute wall hangings theflashbulb! i just hearted you...

[SkyviewClay]

Isn't is nuts??

[Former_Member]

thewonderlandstudio, I'm not saying that your mobiles are not art but by you stating that they are marketed towards children as you primary audience then you do have to follow the CPSIA regardless of if the child are never meant to touch your products. The way you are stating your point is a bit confusing, to me you are saying you want to continue marketing your items to as a child's decoration but not have to test under the CPSIA. So to avoid the catch-22 you can either comply with the lead levels now by having the GCCs from you non-exempt material suppliers and 3rd party testing come Feb 2010 or change your marketing statement to make your items more of a general art home decor item.

In this http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf they (the clerks and commissioners of the CPSC) discuss what they are and are not exempting for raw materials. The repeatedly refer back to several exemples of products that are not intend to be used directly by the children themselves but continuely point out that items that exceed the lead limits will introduce lead into a child's environment and that's why they want all children's product to follow the universal lead limits. Even though the ground that a house is built on may contain even more lead than the CPSIA allows they feel that they are protecting children by restricting the amount of lead in items introduced into that house has even less lead than the yard the children play in.

[Former_Member]

Thanks jewelrrydesignsbyME...I agree with you...didn't mean to sound snippy in my response! I'm just saying I want to operate in the legit way and not pretend that my mobiles aren't intended for children. ...yes they are art, yes they are for children and everyone.

I have no problem with testing...just no sure how to go about it...wading through all this info is crazy. I only use two materials....Craft foam which is sold and marketed to kids to begin with and aluminum wire. The wire I buy comes with a complete material spec sheet and lead is not listed in any way....so, I'm hoping that this will end up not being a big deal for me. But it would be easier if such items were in a kind of loophole, of course!

I was also bringing this up, not just for myself but for all artists who make paintings/prints/art that is hung way out of reach of children, with statements saying they are to be kept out of reach of children. Artists paints are full of yucky things...cadmium, cobalt, lead to name a few. You don't use these kinds of paints to paint cribs, but you might if you were create a painting that was intended to hang in a child's room. You know?
It's just crazy...It just seems like at some point, there should be some common sense involved too....here's hoping!

and thanks for all the input everyone....hopefully some more sellers who make paintings/prints/etc. will chime in as well.

[Former_Member]

this is NOT legal advice, but what I've found out from the folks in Hong Kong that specialize in testing for the company I work for, our resin and ceramic photo frames (which may or may not have had suspicious paint) that say "Sweet Baby" etc. don't have to pass testing for 12 & under, as long as we have a "not a toy, not for children under 12" sticker on the product.

It does matter whether it's something that a child is meant to handle. A decoration that sits on a shelf or hangs on a wall out of reach, no. But- a resin or ceramic bank, for example, is in the child category because it's normally expected that the child will touch it when they put coins in it.

just labeling "not a toy" as a cop out, ...not okay. But some common sense is allowed!

one "funny" thing- A couple years ago we sold "coins" celebrating a new baby (like for baby shower party favors, or to hand out in lieu of cigars, or hang on a chain as a pendant) one of our savvy customers called & asked if they were lead-free pewter (and therefore safe for babies.) Well, yes they're lead-free, but HELLO they're a major choking hazard! WHY would you hand something like that to a baby!
(Never assume people will use common sense- always label!)
:-)

[Former_Member]

Because we all hold our infants up to the wall and ceiling to suck on various surfaces for no reason at all.

[Former_Member]

ha ha BitchenKitchen!!!