# help understanding new law on childrens items



## littlekari (Jul 10, 2008)

I am a bit confused on the law that will take place February 10th. Does it just concern toys or does it go on beyond toys to clothes and anything else a child may use? All of the information I have read concerns toys only. A local news channel did a story on it and said it also includes clothes, shoes, hair clips and anything else you could make for anyone under 12 (quilts, blankets, pillows, bags) I have tried to search the news stations website and nothing. I searched the internet and found only info concerning toys.


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## Wisconsin Ann (Feb 27, 2007)

Was this a state law they talked about or a federal? I haven't been listening to news much lately, so haven't heard anything....


ah.The Consumer act thing they passed last summer. 

Here's a FAQ from the site. It answers a lot of questions...good place to start.
http://www.cpsc.gov/about/cpsia/faq/101faq.html


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## Wisconsin Ann (Feb 27, 2007)

It would appear that the Consumer Protection Safety Improvement is concerned with lead. Lead content of paint and of components of whatever is used/marketed specifically to/for children 12 and under. That does include clothing (zippers/buttons), highchairs, cribs, strollers, etc.

Also with tracking in case of a recall. They want a permanent label or marker tracking label.

so...if making clothing for children (to be sold) I'd use buttons and zippers from companies that are making those items for children. If you're using paint on cribs that you make for sale, it looks like that paint had better state "no lead" or be compliant with the new law. The tracking thing...that's going to be more difficult

All that being said...there's nothing in the law that I can see (it's got a lot of stuff in it) that talks about "craft show" type people who make items for kids without being a company.


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## Wisconsin Ann (Feb 27, 2007)

*Will infantsâ crib bedding, blankets, bath textiles, and apparel fall under the heading of âdurable productâ?*

No. Congress did not define the term âdurable,â 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).​


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## littlekari (Jul 10, 2008)

Thank you for the info. The news was talking about the federal law. We were discussing this last night and I guess if I am making things for kids from materials I bought here they should be safe but look at all of the toy recalls.


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## shepmom (May 29, 2003)

I posted a reply the other day but I see it never made it. LittleKari, items made out of material is not exempt regardless where you purchased it. :/

http://www.etsy.com/storque/craftivism/cpsia-updates-and-calls-to-action-3157/


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## Beaners (Feb 23, 2005)

It doesn't look like anything that I make at home for use for my own family is affected...is it? I have looked through everything and it seems like it is only things manufactured for sale or that is going to be received by a third party.

I'm sure (I hope) that is alright if I am making things for my daughter, and her cousins right now. But I wonder at what point we won't be able to make things for own children without government approval.

Kayleigh


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## shepmom (May 29, 2003)

Kayleigh, you are correct. If you make it for your family, the law doesn't restrict lead and pthalate materials in private homes. Common parental sense still rules, ummm to some degree. grin

If you wanted to donate those items the receiving beneficiary may be obligated to test before distributing the items. It's a mess of a law as written. Many lawmakers that passed it are playing the ole I didn't know it would .... or I just didn't know!


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## Wisconsin Ann (Feb 27, 2007)

Shepmom....items made of material ARE exempt from the lead testing. (the lead testing is for "durable goods", as I mentioned in a previous post). When you read the bill, and the FAQ the lawmakers have published for it, items made from fabric are liable for the recall portion...as in, they need a permanent label of some sort. Preferably printed ON the material. (good god what a nightmare)

Items that are used in the fabric/clothing items that are metal, can be purchased from a retailer/wholesaler, but THAT seller has to have the zippers/etc. tested. Or rather, you need to buy zippers that are from a batch that are tested. (I actually asked my congressman about that. He's one of those who supported this monstrosity and is trying to figure a way out)

They actually mention infant clothing, blankets, etc. as being exempt. Teddybears are "toys" and as such are durable goods and subject to the laws, in the plastics and metal areas. 

They do say in the FAQ that by august 2009? all paints sold in the US will have to be of the 90ppm standard. So.....

Sheesh. All the folks who make toddler's toys..wooden rocking horses, puzzles you see at craft fairs, pull toys....I can see why Etsy people are having a hissyfit. All the plastic that's used in the children's jewelry and beads, blocks and lego like things....


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## shepmom (May 29, 2003)

The apparel industry is also in a hissy. I was told section 104 ? refers to the durable goods, additional info but the law includes "all children items". Lead and eventually ptalate (sp?) testing.

Etsykids team members have called CPSC and asked about items they make requiring testing and were told-yes. Non-toy items, non-durable goods. 

I just don't know what to believe or how on earth they'll be able to enforce it. Of course, those that get fined won't want to find out the hard way. sigh


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## shepmom (May 29, 2003)

I thought I posted this earlier but my brain seems to be elsewhere...
Sources for more Information

http://www.etsy.com/storque/craftivism/cpsia-updates-and-calls-to-action-3157/

http://blog.buyhandmade.org/?p=38
-several links provided

http://www.fashion-incubator.com/blog/
I just read about the New labeling requirements under CPSIA, that nails me for everything I make for kids. I use hang tags currently.


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## shepmom (May 29, 2003)

The section 104 information on durable goods is supposedly just a FAQ relating to durable goods.

CPSC refers over and over that section 101 defines who must comply:
**All childrenâs products (as defined by the CPSIA- "children under 12") subject to the lead limit of the Act will eventually require testing for lead, .... **

As the law stands it needs mucho clarification. The impact on the US economy and consumer costs we will no doubt all see.


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## Wisconsin Ann (Feb 27, 2007)

I had a big long thing typed in here explaining some of the wording and the various sections BUT this law is changing rapidly. The meanings are being hashed out, changed, re-written, it appears. You can even be on an email list for "what's new!". 

So, here is the link to the Consumer Law website, about halfway down is a "summary" of each section. 

Section 101 and 102 are concerned with lead and lead paint and the third party testing. Section 103 is consumer tracking labels (I'm thinking if we have to use them, a stamp of some sort using dye, or a woodburn stamp for mywooden items). Section 104 is about durable nursery goods (furniture, tubs, teething rings, etc. Apparel and textiles, for the most part, are not part of it.). 104 is about the commission studying these goods and developing new safety standards and making them mandatory.

It's a mess, that's for sure. Consider who the people are who made this piece of legislation...either elderly who haven't had kids in decades, or people who have nannies and buy everything in stores. completely forgetting there is a whole cottage industry of crafters and extremely small "mom and pop" businesses out there.

I have to say tho...my local and state congress people are outraged with it  don't know that they can DO anything...but it's good to hear.


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## Wisconsin Ann (Feb 27, 2007)

shepmom said:


> http://www.fashion-incubator.com/blog/
> I just read about the New labeling requirements under CPSIA, that nails me for everything I make for kids. I use hang tags currently.


Somewhere in the pages I read there was a mention of an exemption they're considering for items made by hand of a unique nature.....I'll see if I can find that page again. It was somewhere amongst the "news" I think. 

That leads me to believe crafters have hope.


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## Wisconsin Ann (Feb 27, 2007)

*Shepmom*....about labels and your goods. It's going to be a er...bear....making items for sale now. But I think a reasonable way, if they determine that small business who do unique or singlebatch items need the labeling, for you to go forward with your lovely crochet items (great stuff, btw), might be to use white ribbon (or bias tape), and stamp with your name. Using indelible ink or dye, stamp the ribbon and then stitch it into the object.

(Nasty to do on small baby booties...but there IS a provision in the law that says "where practicable")

anyway. Using this ribbon with your name/address(if necessary) as a base, you could add a date stamp. or a number. yah...a simple number using an indelible marker (sharpie? laundry marker?) 

As far as testing goes, I believe they're going to issue statements about apparel that doesn't HAVE plastic not needing to be tested for phthalates (since there is nothing to test). Same for lead. At least, that's the latest scuttlebutt 

This whole "resale" thing is going to be a problem if it goes through. TheSupreme court has said in the past that laws can't be retroactive...that they can't be made to apply to articles already in use. (manufacturing laws, that is) We'll see.

If everything stays as it is, I'll probably drop any children's items except for the ceramics I make. The law specifically talks about fired ceramics as being exempt.

Lots of folks use the glass/tile paints on mugs, plates, etc. Those are probably NOT exempt from testing.


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## doohap (Feb 23, 2003)

shepmom said:


> Kayleigh, you are correct. If you make it for your family, the law doesn't restrict lead and pthalate materials in private homes. Common parental sense still rules, ummm to some degree. grin
> 
> If you wanted to donate those items the receiving beneficiary may be obligated to test before distributing the items. It's a mess of a law as written. Many lawmakers that passed it are playing the ole I didn't know it would .... or I just didn't know!


Once more case for the Read the Bill Act


Peace,
doohap


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## shepmom (May 29, 2003)

Boy, that bill is waaay past overdue. I bookmarked the site to join later as I'm not feeling so great at the moment.


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## Wisconsin Ann (Feb 27, 2007)

Just wanted to reiterate that the CPSIA law, or at least parts of it, have been put off for a year while they study ways to clarify, adjust, change parts of it.


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## shepmom (May 29, 2003)

It gives me a year to sell my current under 12 items, but I probably won't make anything new for that age group. Yay on the CPSIA halt. Hopefully they'll put more thought into this law which needless to say, they should've taken before the idiotic bill passed. ;-)


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## Wisconsin Ann (Feb 27, 2007)

shepmom said:


> It gives me a year to sell my current under 12 items, but I probably won't make anything new for that age group. Yay on the CPSIA halt. Hopefully they'll put more thought into this law which needless to say, they should've taken before the idiotic bill passed. ;-)


Couldn't agree more. I suspect, after reading what I could find about the proposals, disagreements, findings, and REASONS for/about the law, that they'll redo it with provision for small businesses and crafters. Not totally exempting them, but they seem to be leaning toward a "the manufacturer of THE ITEMS USED to create the object for sale" is what must be tested. That puts the onus on button, zipper, paint manufacturers and on big business, where the price can be absorbed more easily. The bill was meant originally to be pointed at importers...NOT business creating items inside the U.S.

Doesn't look like they'll back off the "made for under 12" JEWELRY makers tho.

In case there's a question about it...the LAW still goes into effect on Feb 10...but they will not enforce parts of it for at least 1 year. Paint manufacturers still have to lower lead content. Plastic makers still have to stop using the 6 phthalates. Jewelry makers still have to test for lead.


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## Jan in CO (May 10, 2002)

I found when I went to the base thrift store last week, there was NOTHING on the shelves for children under 12. Lots of racks full of clothing in the back that said 'not for sale'. They were asking everyone to contact their congressmen/women. The manager felt she couldn't even GIVE the stuff away. Really hurts them, as people keep donating items when they are closed, and they can't sell or give them away. Our daughter works at good will and said they just give you a donation receipt and put the items right into the dumpster. Sad, but maybe eventually we'll stop getting all the crap from China. Sure hurts those who have cottage industries, tho. Jan in Co


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## Wisconsin Ann (Feb 27, 2007)

Interesting. Perhaps they hadn't heard that resellers are exempt from having to test. And that most parts of the law have been suspended until next year at the earliest.

There have been no changes in our local Goodwill, Salvation army, or St. Vincent de Paul stores.


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