CPSIA FAQs - Volume 1

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!

Am I really a manufacturer?

When I first mentioned the CPSIA to a couple of my friends who are attorneys and my attorney, their reactions were “But, you’re not a manufacturer”. So my initial reaction to hearing about the CPSIA back in November was, “Naaah, this doesn’t apply to me”. But I “heard” it does. So I started reading and researching and making phone calls to try to get information. Mostly I was looking for information telling me that this law didn't apply to me or that all the people out there talking about this were wrong.

Well, in case you haven’t heard, it does apply to me. And if you are a crafter of handmade children’s products, it applies to you too. My very first question for the Congressional Liaison at the CPSC was, “As an artisan/crafter, am I considered a manufacturer?” His answer was a resounding YES.

Here is how the CPSC defines manufacture: To manufacture, produce, or assemble

So based on that definition, I am most definitely a manufacturer. And I suppose I really always felt that I was, at least in terms of my nursery decor items. But I was surprised to have that label placed on me regarding my line of BuggApparel. After all, I'm just embellishing a pre-made blank garment. How can I be considered the manufacturer of that? But I am. And furthermore, the fact that I put my own label in that garment, makes me a private labeler.

But it's my opinion that there should be a distinct difference made between me and a company who manufactures mass-produced children's products. And as there currently isn't one, that is one of the things I am asking to see changed in any amendment or revision made to the CPSIA. Here are just a few of the changes I am requesting be brought to the attention of the Congressional Committee on Energy and Commerce:

>>>>I am asking for the consideration of reasonable exclusions to the testing and certification requirements for textiles and apparel to the extent that a component presents a risk that it contains lead. As such, proof of component compliance from a supplier should be acceptable for handmade products.

>>>>I would like artisans/crafters to have a different designation by the CPSC from “manufacturer” that will exempt handcrafted products that meet the criteria for reasonable exclusion from testing as stated above.

>>>>I would like to see adjustments for small business such as limits of production under which certification is not required. This could include reduced certification requirements without removal of the liability.

More on product testing soon, specifically, information on XRF testing costs that I’m currently researching. Tomorrow, a discussion on what counts as a children's product.