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

150K views 692 replies 154 participants last post by  fdsales 
#1 ·
Hello,
I have been a lurker for a long time. This is my first post. I hope it is in the right place and that I haven't overlooked a topic that has already been started elsewhere.

I recently heard about the Consumer Product Safety Improvement Act and though I am waiting to hear back from my attorney and the CPSC I was wondering if anyone else had information about this new law and how it will affect our businesses.

Thanks!
 
#2 ·
Re: Consumer Product Safety Improvement Act

Excellent. I'm encouraged that the near hysteria I'm seeing on other forums regarding this issue isn't here. That probably indicates that my fears about what I'm reading are not warranted.

In the interest of gathering as much information as possible. I wanted to see if people here were concerned.
 
#3 ·
Re: Consumer Product Safety Improvement Act

Sorry, but that info is incorrect. This applies to anyone who manufactures any product or sells a product intended for children 12 and under.

Even if you get your kids' t-shirts, hats, or whatever from a manufacturer that's paid to get their batch materials certified (um...expect the prices to go up, folks), you're now in the business of getting your transfer materials or ink batches tested.

Not only that, but you will be required to label your products and keep track of those ink batch and transfer batch numbers. I believe the labels have to be of a permanent nature, but don't quote me on that one.

If you print items for other people, like a kids sports team, I'm not sure where the responsibility ultimately falls, but I assume it is with you.

The "great" news is that tests can run from $100 to $4000. If you have inventory, too bad - it will have to be tested, too.

February 10, 2009, which is the effective date is being called National Bankruptcy Day, and you can find more information at National Bankruptcy Day.

This not only affects your output products, but due to the increase in prices, you will find fewer customers because the prices of everything will go up and price many smaller businesses out of the market; make no mistake, though, bigger businesses will suffer as well with higher costs and fewer buyers. You have to organize and fight congress to the gates of he** if you don't want to end up losing your business.
 
#4 ·
Re: Consumer Product Safety Improvement Act

so asides from applying to me (as a manufacturer) it applies to everyone we sell to also?
well thats just peachy :|
jerico is currently in the process of getting the remainder of the necessary certifications done.. but all our products (child, youth, adult, BIG. etc..) are all being tested.. as i understand it all products need to be tested/certified not just ones for children 12 and under
 
#5 ·
Confused by new CPSIA laws? I am! Do you sell anything to kids under 12?

I recently started reading about the new CPSIA laws and I'm getting more confused the more I read...

Has anyone researched it? Basically, as far as I understand, if you sell anything (clothing, toys, whatever) to kids under 12, you will have to have third party testing done for lead. After Feb you need some certifications, but after next August it is third party testing. This will cost lots of $$$, which is ok for big retailers, but for small businesses (like me) it totally doesn't make sense.

There are links from here:
Fashion Incubator
- you can sign petitions, send letters to your representatives, etc.

From the fashion incubator:
First of all, the law is clear with respect to three pivotal matters regardless of company size:

  1. As of February 10, 2009, no more than 600 ppm lead can be present in products intended for children aged 12 and younger, as determined by a “reasonable testing program”.
  2. Third party testing, is not required until August 16, 2009.
  3. General Conformity Certificates (GCC) are required as of February 10, 2009.
I know I read somewhere that the information needed on the tags of clothing is also changing, but I'm not sure if it is just for kids clothing or for all clothing.

Has anyone else done some reading on this? Any other information sources that you can tell us about?

Thanks!
Michelle
 
#6 ·
I read your post twice. Thought about it twice. I came up with this Idea. You should be able to get a CPSIA cert easy. All you would have to do is send in your products list?? I mean your really not makeing any thing. Every thing you use is already made. Your just putting bits and pices of some one eles stuff togethere.Right? I realy dont know I don't sell so I maybe way off base. Just a thought
 
#57 ·
Thanks for the thought. Makes sense.

I read your post twice. Thought about it twice. I came up with this Idea. You should be able to get a CPSIA cert easy. All you would have to do is send in your products list?? I mean your really not makeing any thing. Every thing you use is already made. Your just putting bits and pices of some one eles stuff togethere.Right? I realy dont know I don't sell so I maybe way off base. Just a thought
 
#7 ·
Well, from what I read, legally you'll have to get it tested because I added screenprinting. I can easily stop selling any kids clothing, but there are a lot of people who sell only kids clothing, and one-of-a-kind stuff (like on etsy) that will be greatly impacted, if I understand this correctly. Sounds to me that the people who signed this new law, didn't quite think of its consequences.
 
#8 ·
My thoughts are that no you would not have to but as in your example of screenprinting you did not make the ink so the company that did make the ink would have to and so on for the screen, shirts, etc.


just my thoughts on it as it would seem that the maker of the product would have to have it certified.

Veedub3
 
#10 ·
From what my wife and I have been reading you will have to certify ANY product that is intended for children. So any youth size clothing will have to be certified and labeled including anything you now have in stock. Also since you are adding the screen printing the final product has to be certified, it doesn't count that all the products you use are certified. I added a couple of links below.

National Bankruptcy Day

Fashion-Incubator User Forum :: View Forum - CPSIA & Consumer Safety

:mad:
 
#11 ·
From what my wife and I have been reading you will have to certify ANY product that is intended for children. So any youth size clothing will have to be certified and labeled including anything you now have in stock. Also since you are adding the screen printing the final product has to be certified, it doesn't count that all the products you use are certified. I added a couple of links below.

National Bankruptcy Day

Fashion-Incubator User Forum :: View Forum - CPSIA & Consumer Safety

:mad:
Yes, that is the same thing I was thinking after reading those sites. I think a lot of people here don't know about this new law. Etsy is launching a big campaign for people who make one-of-a-kind products, but that won't help small businesses that sell a few (or few hundred) of one thing.
 
#13 ·
As far as I can tell, it's for everyone, not only kids.

Look what I found on Fashion Incubators

Well, on August 14th, 2008, Congress passed the Consumer Products Safety Improvement Act into law. All through the legislative debate, the act appeared to significantly strengthen the safety regulations specifically for children’s products. Nothing was said regarding general consumer products targeted at adults. But when the act was passed, tucked away in section 102 was a regulatory certification requirement that applies to ANY manufacturer, importer or private labeler of ANY consumer product. The act specified that the new regulations take effect in 90 days. Since nobody mentioned this during the debates, it took a lot of people by surprise. And since the section of the act that contains the new regulations is misleadingly named, this has added to the confusion. The Consumer Product Safety Commission (hereafter CPSC) has been scrambling to create an operational framework amid the chaos that currently reigns.
 
#239 ·
As far as I can tell, it's for everyone, not only kids.

Look what I found on Fashion Incubators

Well, on August 14th, 2008, Congress passed the Consumer Products Safety Improvement Act into law. All through the legislative debate, the act appeared to significantly strengthen the safety regulations specifically for children’s products. Nothing was said regarding general consumer products targeted at adults. But when the act was passed, tucked away in section 102 was a regulatory certification requirement that applies to ANY manufacturer, importer or private labeler of ANY consumer product. The act specified that the new regulations take effect in 90 days. Since nobody mentioned this during the debates, it took a lot of people by surprise. And since the section of the act that contains the new regulations is misleadingly named, this has added to the confusion. The Consumer Product Safety Commission (hereafter CPSC) has been scrambling to create an operational framework amid the chaos that currently reigns.
If there was any follow up here on this I missed it. So I looked into it and finally found a pdf of the actual law http://www.cpsc.gov/cpsia.pdf see page 8 for Section 102. Would someone who understands legalese :confused: read through it and let us know if this then includes everything (mugs, caps, mousepads, ornaments, etc.) no matter who it is targeted to agewise?

Ernie
 
#15 ·
No-one knows what's going on with this thing. My understanding from other groups is that anytime we change an object, we are the manufacturer and are responsible for testing. We can't accept others certifications for the garments , inks, or threads we use. It will be interesting to see what happens because you know the Chinese stuff will be exempt.
 
#17 ·
I found this blog to be helpful. This vendor screen prints her tees:

Happy Panda Baby

I am just confused...If I have a tee tested...do I need to have each design with a different color tested??? I use Epson Durabright Inks and print my design on transfer paper....so do you think it is okay if I only have 1 shirt tested??? This is where I am soooooo confused!!!! AUGHHHHH

Michelle
Luna B. Tee
 
#18 ·
There is so much to this new law that the full scope of it isn't even realized. It's my understanding that February 10, 2009, you must have certification of the products you carry. The certification states the lead content, etc. From then until August, they are laying groundwork for 3rd party testing. You are supposed to be able to test the products yourself up until August. The problem with that is how do you do that? How much is the equipment? Do you have to go through training? Etc. Etc.

We already have a local consignment shop going out of business because the cost to test their inventory would be extremely high. Look for Ebay to stop allowing used clothing, toys, books, and many other items that could be designated for 12 and under.

The way I read things in their order of events, it appears as if they are supposed to be doing studies all of this time to determine the overall cause of lead exposure to children. The problem I'm seeing though, is they are moving right to the implementation of the law. I have heard of no studies whatsoever and that may have been a way to allow for the passage of such a moronic law.

There are too many questions unanswered mainly because I don't believe they even know what they are doing. It's almost as if they are making it up as they go. It's no wonder this is the lowest approval ratings of a sitting congress in recorded history..... Yet so many people voted them right back in.
 
#19 ·
I found this today....am I considered a "Private labeler"?

CPSC Clarifies Certification Requirements
Agency Staff to Focus on Compliance with Safety Rules


WASHINGTON, D. C. – On Monday, November 10, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule (pdf) by unanimous vote, addressing the conformity certification required for consumer products subject to safety rules under CPSC jurisdiction.
The Commission addressed three major issues: 1) who should supply the certificate; 2) how the certificate can be filed; and 3) CPSC enforcement of general certification.
First, the certification process will now be streamlined, by limiting the number of parties who must issue conformity certifications unless a preexisting Commission product standard requires otherwise. The Commission determined that for imported products, only the importer needs to issue the conformity certificate.
Foreign manufacturers and private labelers of imported products do not need to issue certificates, and they do not need to be listed as parties on certificates. For products manufactured in the United States, only the domestic manufacturer needs to issue the certificate. Private labelers do not need to issue certificates, and do not need to be listed as parties on certificates.
Second, the rule confirms that electronic means can be used to meet the certification requirement in the Consumer Product Safety Improvements Act of 2008 (CPSIA) and that conformity certifications can accompany the product and be furnished to distributors and retailers by a variety of electronic means. Electronic certificates can also be posted on a website for inspection or included with other electronic documents accompanying shipments through Customs, so long as the certificates can be produced immediately for inspection.
Finally, the agency intends to focus its enforcement efforts on a product’s compliance with our safety requirements. While the Commission recognizes that every company is expected to make its best efforts to comply promptly with the new certificate requirements, the agency intends initially to focus more on compliance with the safety rules underlying the certificate, rather than on the certificate or form of the certificate itself. For addition information and a copy of the rule, go to www.cpsc.gov
 
#20 ·
I found this today....am I considered a "Private labeler"?
I guess that all depends on what it is that you do. Do you import or purchase products domestically and do nothing to them except relabel them? If so, then you haven't altered the product with the exception of the label. Do you relabel products and then embellish them? If so, then you are considered a manufacturer.
 
#22 ·
It looks like certain items will be exempt from test. Check out this article.
Looks more and more like the law was passed without anyone seriously thinking of the implications. And it is getting more complicated as they pass exemptions...

Saying that the toy police won't crack down (in the article above), doesn't really help: why make a law and then say you won't enforce it? What's the use?
 
#25 ·
I use cotton tees....but I also use transfer paper to heat press my design on my tees. I read that some transfer papers have lead in them...I am not sure if this is correct??? I have contacted my transfer paper supply company to see if they can help answer my questions regarding lead in transfer paper!

Michelle
 
#27 ·
Technically, the way it should work, is the company that produces the paper would test for lead and give a report. The company that produces the ink would test the lead and give a report. And of course the shirt manufacturer, unless it's 100% cotton (apparently). You as the person or company "assembling" everything would have documentation of individual elements and when compiled would have a good idea of how much lead is in the product.

If any of the elements would have lead in them, then testing could be needed depending on how much lead content is used overall. Let's say the paper and the blended shirt would have lead in them. If you added all the lead content in a full sheet of paper and all in the fabric, if the total was over the allowable limit, then I can see why testing would be needed. No you wouldn't use the full sheet all the time and that would cause a variance of the amount of lead content.

But if you added the lead content in all the individual elements and they didn't total more than the allowable amount, then they should be exempt from testing. Lead doesn't appear out of thin air.

These are all the little things that I believe will eventually be taken into consideration. The problem is, they were hush hush about it until now.

I've heard more about converting your TV signal to digital in the past 6 months than I care to talk about, yet something that has an actual impact on the economy, we hear nothing. This is why people are at arms, there was no information flowing and the law is so broad, no one has a full grasp of what's going on.

I have an idea, but that's another discussion altogether.....
 
#33 ·
Here is the company that I am going to use to do XRF testing for me:

Eastern Applied Research Inc.
6614 Lincoln Avenue
Lockport NY 14094
Attn: Bob Moll
716-625-8311
bob@easternapplied.com


web site: http://www.easternapplied.com/xrf.php

I also have a call/email in to the 3 large companies that I use to make up my "product". I have asked each one to provide me with a "cert of compliance"....I think this along with the testing of each of my 5 styles of tees should be "reasonable testing" . The CPSIA is very "unclear" on "reasonable testing" but I feel that this should do for the time being until we learn more....or they change this law!

Michelle
Luna B. Tee
 
#34 ·
I found this on another site. I went to the CPSC website but could not track it down. Maybe someone else will have some luck.

Katrina


I've been doing some reading and did find this. I think it might give some relief to those who embellish fabrics as it is from the government website in the FAQ. The new law says all DURABLE PRODUCTS will require testing and certification.
This information is subject to change and review, as is any new law.

Question:"Will infants' crib bedding, blankets, bath textiles, and apparel fall under the heading of "durable product"?

Answer: No. Congress did not define the term "durable," but it is commonly understood to mean able to exist for a long time without significant deterioration. Cloth/textile items are generally not considered to be durable goods. None of the items Congress specified in section 104 as examples of durable products are items made entirely of cloth, rather they are primarily made from rigid materials (e.g., cribs, toddler beds, high chairs, strollers, bath seats)."
http://www.cpsc. gov/about/ cpsia/faq/ 104faq.html# 104q1
 
#36 ·
I think this along with the testing of each of my 5 styles of tees should be "reasonable testing" . The CPSIA is very "unclear" on "reasonable testing" but I feel that this should do for the time being until we learn more....or they change this law!

That sounds a lot like trying to tell the IRS "but I paid a reasonable amount of taxes" :D
 
#38 ·
Hi. This is my first post here as I am very new to the t-shirt business, yet to start actually :) I am highly concerned about this insane new law. I had heard about it and thought it applied only to certain toys, I had no clue until yesterday that the EPA had announced that clothing, books, and media, are included in "children's toys", and that the law was all inclusive.

If you want to take action here are some things you can do (there's not much time left before the deadline):

1) Email or call the CPSIA - the office of the CPSC ombudsman at
888-531-9070. http://www.cpsc. gov/cgibin/ newleg.aspx

Comments on Component Parts Testing accepted through January 30,
2009. Or email: Sec102ComponentPart sTesting@ cpsc.gov

2) Contact your local representatives. For their contact informa-
tion, just enter your zip code.
http://capwiz. com/americanappa rel/dbq/official s/

3) Make your voice heard by voting on this issue! The top 3 in
each category will be presented to President-elect Obama.
http://change. org/ideas/ view/save_ handmade_ toys_from_ the_cpsia

4) Sign the petition.
http://ipetitions. com/petition/ economicimpactso fCPSIA/index. html


Thanks.
 
#42 ·
Hi. This is my first post here as I am very new to the t-shirt business, yet to start actually :) I am highly concerned about this insane new law. I had heard about it and thought it applied only to certain toys, I had no clue until yesterday that the EPA had announced that clothing, books, and media, are included in "children's toys", and that the law was all inclusive.

If you want to take action here are some things you can do (there's not much time left before the deadline):

1) Email or call the CPSIA - the office of the CPSC ombudsman at
888-531-9070. http://www.cpsc. gov/cgibin/ newleg.aspx

Comments on Component Parts Testing accepted through January 30,
2009. Or email: Sec102ComponentPart sTesting@ cpsc.gov

2) Contact your local representatives. For their contact informa-
tion, just enter your zip code.
http://capwiz. com/americanappa rel/dbq/official s/

3) Make your voice heard by voting on this issue! The top 3 in
each category will be presented to President-elect Obama.
http://change. org/ideas/ view/save_ handmade_ toys_from_ the_cpsia

4) Sign the petition.
http://ipetitions. com/petition/ economicimpactso fCPSIA/index. html


Thanks.
Thank you for all that info! The easier the better and the more people will get involved. I just signed up at Change.org and it says 10 votes left. Not sure if that means they need 10 more votes to look into this or what. Either way, I am going to get involved.
This is not a great way to start my business in 2009..with worries : (

Thanks again
 
#39 ·
Good new if you use JetPro softStretch transfer paper....I received this email today:

See below for more information on CPSIA and what it means. I think the best information we can supply right now is the notes you’ve sent from our 07 and 08 launch guides on lead and phthalates which shows they are not in our products based on raw materials analysis. Since this new requirement is for product testing we will obtain the certification testing. We expect to have it by February 10, 2009.

End users and sellers of decorated garments for children will need the analytical results from the suppliers of their inks and fabrics as well as from the transfer. Since this calls for detailed record keeping and reporting this looks cumbersome for the small business owner. Our understanding is that with certified analytical reports on each of the components they can calculate the total to verify they meet the requirement.

Gerry


Consumer Product Safety Improvement Act (CPSIA)

This Act is a major overhaul of the consumer product regulation and enforcement. The important changes are outlined below. These will require additional certifications and analytical test results to support the use of our products into these markets.
Ban on Phthalates in Toys and Child Care Articles

· Prohibits the sale of children's toys and child care articles with concentrations of more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP). Effective February 10, 2009.
· Establishes an interim ban on the sale of children's toys that can be placed in a child's mouth and all child care articles that contain more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP). Toys that can be put in the mouth are defined to include toys or parts smaller than five centimeters in dimension, and exclude toys that can only be licked. The interim ban is effective February 10, 2009; further studies and product safety rules regarding phthalates and phthalate alternatives are mandated.
· Provides only limited preemption of state laws regulating phthalates and phthalate alternatives — several states have adopted similar (but not always identical) laws banning or regulating various phthalates in the past year.
Ban on Lead in Toys and Children's Products

· Mandates a phased-in ban on lead in all children's products, requiring that lead levels be reduced to 600 parts per million by February 10, 2009; 300 parts per million by August 14, 2009; and 100 parts per million by August 14, 2011. Electronic devices and inaccessible component parts will be subject to rules to be issued by August 14, 2009.
· Reduces permissible lead paint content from 0.06 percent to 0.009 percent (effective August 14, 2009) and possibly lower after further studies are conducted. Also mandates changes in how lead content in paint is tested and calculated.
Mandatory Testing and Certification

· Restates and expands requirements for self-certification and testing for all products that are subject to any rule, ban, standard or regulation that is enforced by the CPSC. Effective November 12, 2008.
· Requires third party testing and certification of all children's products for compliance with safety standards, with detailed requirements for laboratory accreditation, firewalling rules for labs owned or controlled by the manufacturer and priorities for testing certain products. The testing and certification provisions take effect 90 days after the CPSC has published its requirements for accreditation of third party testing bodies. The CPSC must publish these requirements by September 13, 2008, for lead paint; October 13, 2008, for cribs and pacifiers; November 12, 2008, for small parts; December 12, 2008, for metal jewelry; March 13, 2009, for baby bouncers, walkers and jumpers; and June 14, 2009, for all other children's products.
Additional Safety Rules Affecting Toys and Children's Products

· Adopts ASTM F963-07 standard as a mandatory consumer product safety rule, effective February 10, 2009, and directs studies that may result in additional rules. ASTM F963-07 is a comprehensive safety specification applying to most toys and many child care articles. It does not cover sporting goods, camping goods, athletic equipment, musical instruments or furniture, but does apply to "toy counterparts" of such items.
We can refer further questions to Gregg Ublacker, Director of Product Safety and Regulatory Affairs at 920-721-1088 or gublacker@neenahpaper.com

 
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