This is a call for questions: Please leave your question about CPSIA in the comments or send them via email to me at buggalove@gmail.com. I will be researching the answers and devoting posts to them. Some questions will be easier to answer than others. And for certain questions, I won’t be able to answer them at all becuase I'm not a lawyer, legislator, or compliance officer with the CPSC. But many people have been looking for a place to direct family and friends with simple language and answers to common questions. I hope to provide that.
What is the CPSIA?
CPSIA stands for the Consumer Product Safety Improvement Act. It lowers lead limits and details restrictions and bans on phthalates for children’s products. It was passed by Congress in August 2008 and signed into law by the President.
Who does the CPSIA affect?
Everyone. If you buy or sell any child’s product. This includes thrift stores, libraries, donations, small crafters, large businesses, etc. It is broad, sweeping legislation.
Who’s going to enforce this?
The Consumer Product Safety Commission (CPSC) is responsible for enforcement of the law.
How does this affect resale (Good Will, consignment shops, etc.)?
All items sold retail OR resale for children are mandated to comply with the new lead limits. So, children’s items at thrift stores and consignment shops are included.
Why does Snopes say this is an urban legend?
Because the CPSC released a statement detailing the following: “The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.”
Read that closely, they are not required to CERTIFY those products meet the lead limits. However, the statement a little further down reads: “… resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.”
So a seller of used goods doesn’t have to have a GCC (general conformity certificate) and they don’t’ need to do the lead testing, but they still have to comply with the new lead limits. Here is more on this subject.
http://buggalove.blogspot.com/2009/01/im-mommy-blogger.html
Source: http://cpsc.gov/cpscpub/prerel/prhtml09/09086.html
Who is a manufacturer?
Anyone who manufactures, produces, or assembles a children’s product is a manufacturer. That is a definition from the CPSC. Please see my blog post for more detail: http://buggalove.blogspot.com/2009/01/am-i-really-manufacturer.html
What is considered a children’s product?
I’m going to give you the short answer here: A consumer product designed or intended primarily for children 12 years of age or younger. But there are many things that are questionable in terms of whether or not they fall into the cateogry of children's product.
Please see my blog post for more detail:
http://buggalove.blogspot.com/2009/01/what-are-childrens-products.html
Please submit other questions! And look back in the BuggaBlog Archives for other important topics related to the CPSIA!
Showing posts with label childrens products. Show all posts
Showing posts with label childrens products. Show all posts
Monday, January 26, 2009
Thursday, January 15, 2009
What are children's products?
I know it sounds like a crazy question. But with the stroke of the CPSIA pen being so broad it’s an important one to ask. Do the collectibles meant for adults that are plush or dolls fall under the law? What about miniatures? How about jewelry, what’s keeping a child from wearing it? Keep in mind the following is my interpretation of various resources and I’m not a lawyer.
Children’s products defined: A consumer product designed or intended primarily for children 12 years of age or younger.
“Ok, so my item isn’t primarily intended for children. So, I’m good, right?” Well, sort of. Because you see it’s the CPSC deciding what is and what is not a children’s product, not you as the manufacturer. So you can’t just blindly stick a “Not intended for children under 12” disclaimer on your item and call it a day.
Here are the criteria by which the CPSC will determine if a product is a children’s product:
#1 - A statement by the manufacturer about the intended use of the product, if such a statement is reasonable
#2 - Is the product represented in it’s packaging, display, promotion, or advertising as appropriate for use by children 12 years old or younger
#3 - Is the product commonly recognized by consumers as being intended for use by a child 12 or younger
#4 - The Age Determination Guidelines issued by the commission staff in September 2002
Translation:
#1...means to me that you can say your products isn’t for kids, but if that statement isn’t reasonable, your disclaimer doesn’t matter.
#2...makes sense and should be relatively easy to determine.
#3... seems very subjective to me. Especially relative to miniatures, plush, collectors dolls, etc.
#4... well you can read that fun little 300 pg document here http://www.cpsc.gov/BUSINFO/adg.pdf, if you’re so inclined. I was not able to read it before posting about this topic, so I can’t comment on it at this time.
What about art and wall accessories? Their “use” is to look at it, not touch it. And that brings us to the question of “play value”. Well, in terms of children’s products themselves, play value doesn’t matter. It still needs to be tested for lead (Section 101). Where play value DOES matter, is in determining whether it needs to be tested for phthalates (Section 108). So your wall art and decorative accessories are children’s products, but since they have no play value they don’t need to be tested for phthalates.
By the way, the question of art and wall accessories is an interesting one to me because what it written is in direct contradiction with what I was told verbally by the CPSC. Obviously, I have to go with what’s written. Saying “Mr. X told me over the phone this is ok” isn’t going to cut it.
I’m not sure if this information is complete enough to help you determine for yourself whether or not your item will be considered a children’s product. For some of us, it’s obvious. All my products are children’s products and subject to lead testing. And for some of you phthalate testing may also be required, which I didn’t really discuss, but is an important part of the law.
Here’s my sources for this blog post so that you can determine for yourself if your products are “children’s products”: http://www.cpsc.gov/ABOUT/Cpsia/childprodtest.pdf
http://www.cpsc.gov/ABOUT/Cpsia/cpsialead.pdf
Tomorrow is my meeting with Congressman Dent. Stay tuned, I'll be discussing that meeting and the XRF testing information I've gathered in some upcoming posts.
Children’s products defined: A consumer product designed or intended primarily for children 12 years of age or younger.
“Ok, so my item isn’t primarily intended for children. So, I’m good, right?” Well, sort of. Because you see it’s the CPSC deciding what is and what is not a children’s product, not you as the manufacturer. So you can’t just blindly stick a “Not intended for children under 12” disclaimer on your item and call it a day.
Here are the criteria by which the CPSC will determine if a product is a children’s product:
#1 - A statement by the manufacturer about the intended use of the product, if such a statement is reasonable
#2 - Is the product represented in it’s packaging, display, promotion, or advertising as appropriate for use by children 12 years old or younger
#3 - Is the product commonly recognized by consumers as being intended for use by a child 12 or younger
#4 - The Age Determination Guidelines issued by the commission staff in September 2002
Translation:
#1...means to me that you can say your products isn’t for kids, but if that statement isn’t reasonable, your disclaimer doesn’t matter.
#2...makes sense and should be relatively easy to determine.
#3... seems very subjective to me. Especially relative to miniatures, plush, collectors dolls, etc.
#4... well you can read that fun little 300 pg document here http://www.cpsc.gov/BUSINFO/adg.pdf, if you’re so inclined. I was not able to read it before posting about this topic, so I can’t comment on it at this time.
What about art and wall accessories? Their “use” is to look at it, not touch it. And that brings us to the question of “play value”. Well, in terms of children’s products themselves, play value doesn’t matter. It still needs to be tested for lead (Section 101). Where play value DOES matter, is in determining whether it needs to be tested for phthalates (Section 108). So your wall art and decorative accessories are children’s products, but since they have no play value they don’t need to be tested for phthalates.
By the way, the question of art and wall accessories is an interesting one to me because what it written is in direct contradiction with what I was told verbally by the CPSC. Obviously, I have to go with what’s written. Saying “Mr. X told me over the phone this is ok” isn’t going to cut it.
I’m not sure if this information is complete enough to help you determine for yourself whether or not your item will be considered a children’s product. For some of us, it’s obvious. All my products are children’s products and subject to lead testing. And for some of you phthalate testing may also be required, which I didn’t really discuss, but is an important part of the law.
Here’s my sources for this blog post so that you can determine for yourself if your products are “children’s products”: http://www.cpsc.gov/ABOUT/Cpsia/childprodtest.pdf
http://www.cpsc.gov/ABOUT/Cpsia/cpsialead.pdf
Tomorrow is my meeting with Congressman Dent. Stay tuned, I'll be discussing that meeting and the XRF testing information I've gathered in some upcoming posts.
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