Need to Register?

fdsales · July 26th, 2009

I'm not offering legal advise, and this is my best judgment of how I see the new law:

The item (in this case, t/shirt) must be designed primarily for use by a child 12 & under to be fully impacted by the new law. (Really, it means any child that is 12 years & 11.99 months old & under, so I'll say 13 & under for now)
If the item's intended use is for 13 & over, and a youth 13 & under happens to use (wear) the item, then there SHOULD be NO issue here. Any size of a YOUTH t/shirt from YOUTH XL down to a 6 month size would be included in this new law, since those sizes are YOUTH sizes, and would fall into that age range quite easily. An adult sized shirt from adult small & larger should not be a problem, provided that the design on the shirt was primarily intended for 13 & over. However, here's a gray area to consider: In some cases youths who may be 13 & under may wear an adult small or medium size shirt (I have seen 11-12 Y/O wearing adult large), so once again, you have to be aware of what is the primary intended user of the shirt. For example, if you print shirts for a summer camp, or youth church group, and they request sizes youth XS thru adult medium, and the age range is 13 & under, then most likely, the adult size shirts would fall under the new restriction, since the primary intended age group is 13 & under. On the other side, if you print shirts for a church group of adults, and a youth happens to wear one of the smaller sizes, then there should be NO problem, as your primary intended age range was adults. For a family reunion, where all size range shirts would be needed from youth XS thru adult XXXL, that's going to be the biggest headache, as the youth shirts would definitely fall into the new law category, so best bet would be to print all the shirts with the proper type of ink. If you don't currently sell youth shirts, then best to just stay away from that category, but as a garment decorator, you must be, at the very least, aware of the law, and it's restrictions, because you never know when that type of order may hit your door.

Dan K · August 19th, 2009

I have a question for the CPSIA pros... We're doing our best to comply and understand this thing. Right now we're only printing water based inks on childrens garments, we have GCC's on the inks, and for most of the garments we print on. I have a customer who wants foil on kids garments. My first thought was to tell her no, sorry we can't do that (foil adheres to plastisol inks and foil adhesive which is plastisol). But this customer is not in the US. I am not sure what to do. Any advice???

On that, I have been looking at this website/blog when I can. It is pretty darn helpful. Check it out:

What is the CPSIA?

Brian-R · August 20th, 2009

Quote:

Originally Posted by Dan K


	I have a question for the CPSIA pros... We're doing our best to comply and understand this thing. Right now we're only printing water based inks on childrens garments, we have GCC's on the inks, and for most of the garments we print on. I have a customer who wants foil on kids garments. My first thought was to tell her no, sorry we can't do that (foil adheres to plastisol inks and foil adhesive which is plastisol). But this customer is not in the US. I am not sure what to do. Any advice??? On that, I have been looking at this website/blog when I can. It is pretty darn helpful. Check it out: What is the CPSIA?

Hmmm... Good question. This is only my guess so take it for what it's worth. (Which may be nothing.)
I really don't think that the CPSIA law applies to goods sold outside the U.S. It is likely that your sale would be considered being transacted in the U.S. however since this is where your business is located.
But, I doubt if the CPSC would want to go to the time and expense to worry about export items.

Reading back over that it really isn't worth much because you are right back at the same place everyone else is. Everyone has to decide if they want to abandon the 12 and under market or comply with the regs (which now include labeling) or operate outside the regs and hope that they never get randomly inspected.
Actually all it would take is for an activist parent to ask for your certificate and if you can't produce it then they file a complaint and you are toast. (Obviously your international customer won't be filing any complaints with the CPSC.)

JeridHill · August 28th, 2009

Not sure, but I think, I'm about to go postal on the government and the CPSIA:

(Linked from Hot Air Blog Archive Mattel gets a CPSIA waiver)

Mattel gets a CPSIA waiver
POSTED AT 9:30 AM ON AUGUST 28, 2009 BY ED MORRISSEY

After consumers discovered an influx of lead-tainted toys imported by Mattel and other companies, Congress acted to strengthen protections through the Consumer Protection Safety Improvement Act (CPSIA). The legislation created almost impossible hurdles for small manufacturers and resellers for testing products, while earlier this month the CPSC announced it would send inspectors fanning out across the USA to enforce the laws in thrift shops. Now one of the companies that created the problem in the first place has gotten a waiver from the CPSIA’s requirements for third-party testing:

Toy-makers, clothing manufacturers and other companies selling products for young children are submitting samples to independent laboratories for safety tests. But the nation’s largest toy maker, Mattel, isn’t being required to do the same.

The Consumer Product Safety Commission recently, and quietly, granted Mattel’s request to use its own labs for testing that is required under a law Congress passed last summer in the wake of a rash of recalls of toys contaminated by lead. Six of those toys were produced by Mattel Inc., and its subsidiary Fisher-Price. …

Mattel is getting a competitive advantage, Green said, because smaller companies must pay independent labs to do the tests. Testing costs can run from several hundred dollars to many thousands, depending on the test and the toy or product.

Mattel had to recall more than 2 million toys from the market after inspectors discovered lead in the imported products. Now they claim that their “firewalled” labs will protect consumers and block out “corporate influence”. Where are the labs that Mattel will use? Mexico, Malaysia, Indonesia, and China — and China is where the dangerous toys originated.

Mattel gets to test its own products. People like Suzi Lang have to pay laboratories to certify their hand-made products contain no lead or phthalates, which she already knows because she handpicks her materials. Thrift stores have to either test products for resale or confirm that they have not been recalled, on an individual basis. But the company that caused the biggest problem that led to the CPSIA gets a waiver. How convenient … and unjust.

PMK · August 28th, 2009

Quote:

Originally Posted by Dan K


	I have a question for the CPSIA pros... We're doing our best to comply and understand this thing. Right now we're only printing water based inks on childrens garments, we have GCC's on the inks, and for most of the garments we print on. I have a customer who wants foil on kids garments. My first thought was to tell her no, sorry we can't do that (foil adheres to plastisol inks and foil adhesive which is plastisol). But this customer is not in the US. I am not sure what to do. Any advice??? On that, I have been looking at this website/blog when I can. It is pretty darn helpful. Check it out: What is the CPSIA?

My understanding is that if your product is made for 12 and under in the U.S whether you import or export it must be tested, period. The web site that you linked to is great and there are many more. There are lots of magazine articles that are popping up within the screen printing industry. Another issue I have come across is the phthalate levels being used within the inks that screen printers use. I'm told that MSDS is not enough because the required lead level is not low enough for cpsia to accept it.

Dan K · August 28th, 2009

Quote:

Originally Posted by PMK


	My understanding is that if your product is made for 12 and under in the U.S whether you import or export it must be tested, period.

Thanks for that info.

Quote:

Originally Posted by PMK


	Another issue I have come across is the phthalate levels being used within the inks that screen printers use. I'm told that MSDS is not enough because the required lead level is not low enough for cpsia to accept it.

This particular issue is not usually an issue for us. We're not printing any plastisol (which is what contains the phthalates) on any childrens garments at this time, we're only printing water base, which has no phthalates or lead, and we have the GCC's required by CPSIA for this for all the WB inks in the shop.

We just got this letter from Alstyle yesterday. It's the first like it from any of our vendors, and I wish more of them would communicate like this:

August 27, 2009

Re: New Guidelines for Tracking Labels in Alstyle Apparel® Youth Products

Dear Customers:

The Consumer Product Safety Improvement Act (CPSIA) signed into law in August 2008, amended the Consumer Product Safety Act. It requires that manufacturers of children's products primarily intended for children 12 years of age or younger must have permanently attached labels on all products manufactured on or after August 14, 2009. In addition, according to Section 103 of the CPSIA, the tracking label must contain the location and date of production of the product and related information such as lot number or other identifying characteristic. The information must be on the product and packaging. This will allow the consumer to identify the manufacturer of the product.

While Alstyle Apparel is in full compliance with these new guidelines, there are youth products in our warehouses that were manufactured before August 14, 2009. The products are not required to carry the tracking label and most do not. However, they are easily identified by the date of manufacture on the bottom right of the
box label.

If you find the need for a tracking label in all garments, regardless of
manufacture date, or if you need a customized label, we are able to produce
them at our manufacturing facility or add your label to products already in
stock. Contact us for details.

Alstyle Apparel® is committed to complying with all CPSIA requirements. The
new tracking label will appear in all Alstyle Apparel® Youth Styles (Style nos.
3710, 3362, 3382, 3384, 3382, 3308, 3383, 3387, 3380, 3573 and 1ZEE) manufactured on or after August 14, 2009. The tracking label will be sewn
inside the shoulder seam.

Please contact your sales rep or your local customer services rep at 1-800-225-1364 for any additional information or you may access the
Consumer Product Safety Commission's website located at:
Consumer Product Safety Improvement Act of 2008 (CPSIA) Information.

Thank you for your business.

Best regards,

Alstyle Apparel

PMK · August 28th, 2009

That is great! The supplier that I use sends me heat transfers. This is an issue for me. We started out using a water based printer but that didn't work out so we changed to something that was more doable on an as needed basis.

The problem is that come 02/20/2010 - We have to prove that the design does not contain either. That is where the 3rd party testing comes in and there is no decision as to whether it will be digestive or if the xrf will do. I'm floored that Mattel is allowed to do their own testing while everyone else has to pay a 3rd party lab.

I have no idea how any of us will be able to afford the testing. Each color will have to be tested. The only think that is except is the product without design or zippers, buttons or anything like that. Once you apply any of those things there has to be a test completed on the finished product. Unless, they get a clue and allow us to have component testing. It doesn't make sense for a button to be tested over an over. Each manufacturer is responsible for the finished product that is sold.

PMK · August 28th, 2009

Dan - Just wanted to let you know that I was checking out your site. Very cool to know there are other businesses providing the WB method. I wish they could be turned into heat transfers. Can they?

Dan K · August 28th, 2009

Hey PMK. Thanks for all the info. We're printing 90% of our work water base these days (just by demand, not necessarily by choice). It's great stuff, and great to work with once you transition out of plastisol, and people want it. Unfortunately, we can't print water base transfers...

Check out the blog link I posted a few posts above to whatisthecpsia... I asked some pointed questions to the woman who writes that blog based on some stuff I read on there, and she told me that we as screenprinters are in fact contractors (which makes sense to me since this is how we're registered in our state as well for the California Garment Manufacturing License), the wholesaler purchasing the printed childrens garments from us is the manufacturer contracting the work to us, therefore they (the manufacturer) are the ones responsible for the third party testing. Apparently, we as the screen printers, if we have the GCC's for the ink and our customer is drop shipping us the kids garments for contract printing, we the printers are covered.

Now, I have had a hard time deciphering all of this CPSIA info, and have heard different things, and I am not professing to be correct. I am just stating what I was told by someone who I have come to trust who knows way more about this than me. If others understand differently, I would be very interested to hear, or read as the case may be...

Brian-R · August 28th, 2009

Quote:

Originally Posted by Dan K


	Hey PMK. Check out the blog link I posted a few posts above to whatisthecpsia... I asked some pointed questions to the woman who writes that blog based on some stuff I read on there, and she told me that we as screenprinters are in fact contractors (which makes sense to me since this is how we're registered in our state as well for the California Garment Manufacturing License), the wholesaler purchasing the printed childrens garments from us is the manufacturer contracting the work to us, therefore they (the manufacturer) are the ones responsible for the third party testing. Apparently, we as the screen printers, if we have the GCC's for the ink and our customer is drop shipping us the kids garments for contract printing, we the printers are covered.

She may be correct in her statement that if you are printing wholesale under contract that you are not legally the manufacturer but I doubt if that would apply to the rest of us who are selling retail.

Brian

TshirtGuru · August 28th, 2009

Quote:

Originally Posted by Dan K


	Hey PMK. Thanks for all the info. We're printing 90% of our work water base these days (just by demand, not necessarily by choice). It's great stuff, and great to work with once you transition out of plastisol, and people want it. Unfortunately, we can't print water base transfers... Check out the blog link I posted a few posts above to whatisthecpsia... I asked some pointed questions to the woman who writes that blog based on some stuff I read on there, and she told me that we as screenprinters are in fact contractors (which makes sense to me since this is how we're registered in our state as well for the California Garment Manufacturing License), the wholesaler purchasing the printed childrens garments from us is the manufacturer contracting the work to us, therefore they (the manufacturer) are the ones responsible for the third party testing. Apparently, we as the screen printers, if we have the GCC's for the ink and our customer is drop shipping us the kids garments for contract printing, we the printers are covered. Now, I have had a hard time deciphering all of this CPSIA info, and have heard different things, and I am not professing to be correct. I am just stating what I was told by someone who I have come to trust who knows way more about this than me. If others understand differently, I would be very interested to hear, or read as the case may be...

So as printers, we do not have to get it tested? The customer has to?

wcatembroidery · August 29th, 2009

I am also confused by these new laws so maybe someone can either reinforce my idea or shoot it down to deal with this law. I was thinking, why would a person not be able to produce the items deemed "for children 12 and under" and market these as "novelty" items. There could be a disclaimer stating that items are not intended for use by children 12 and under. The customer is going to do with the product what they want anyways. Also, does this law apply to embroidery and vinyl or only to methods using ink and chemicals? I am under the assumption it applies to any form of decoration to any garment.

Gioclone · August 29th, 2009

You know we are probably trying to redefine something that needs an attorney for interpretation.

I would ask the MANUFACTURERS to give a hand in interpreting. Conde, Stahls, UniSub, and everyone else in this industry should be able to answer these questions since they are the people selling US the supplies.

So I dare ask our suppliers to get involve in answering some of this critical questions.

puertopass · August 30th, 2009

Please, help? Does anyone know in what part of the CPSIA site they indicate that we should request certificate of compliance from the manufacturer of our product? (e.g. from the screen printer about the inks for the t-shirts printed?)
And any suggestions on what to do if the printer does not want to supply a copy of the ink certificate for phthalate free inks, after the t-shirts are already printed? Thanks.

Brian-R · August 31st, 2009

Quote:

Originally Posted by puertopass


	Please, help? Does anyone know in what part of the CPSIA site they indicate that we should request certificate of compliance from the manufacturer of our product? (e.g. from the screen printer about the inks for the t-shirts printed?) And any suggestions on what to do if the printer does not want to supply a copy of the ink certificate for phthalate free inks, after the t-shirts are already printed? Thanks.

I am concerned that you may be thinking that if you get certificates from your suppliers that this relieves you from testing your final product. Once you modify a shirt by printing on it or adding sequins, heat transfer etc it is a newly manufactured garment. YOU are the manufacturer! You are unable to rely on the tests that have been run on the components. The law is concerned with the total lead or Pthalate content in the finished garment. The finished product must have it's own certificate. You can't combine certificates of components and still be in compliance with the law. And now you need to comply with the labeling requirements too.
That is why you can't find what you are looking for on the CPSC web site. It doesn't exist.
They have made it virtually impossible for small manufacturers to produce anything for children.
The big boys can produce a million toys and send one off to be tested at $400 and it doesn't hurt them at all. They add 1 cent to the cost of the product and they come out ahead.

Need to Register?

Resources

T-Shirt Sites

Confused by new CPSIA laws? I am! Do you sell anything to kids ages 12 and under?