[CaddoRose]

New clarifications from the government about the Consumer Product Safety Improvement Act (CPSIA)


CPSC Clarifies Requirements of New Children’s Product Safety Laws Taking Effect in February

So we can happily buy at our favorite thrift stores without fear of government reprisals.

[potentialsinglemom]

That is great

[JGarrick]

Some may still be effected if they're selling liquidated goods in addition to used, but for most thrift stores this is good news.

That said, it also means shoppers need to be more vigilant about looking for lead buttons and other whatnots that might be sewn onto children's clothes.

[waited2long]

But what about homemade items? Bedding, clothing, handcrafted toys??

[CaddoRose]

We're still waiting on a response on that one. Because I sew, and make all kinds of other stuff, I'm hoping that something will be done to help out all of us who make things at home as a business. I can always find ways around those silly laws by the way my things are labeled or titled, but not everyone can. I have friends who make cloth diapers and diaper covers. It will run them out of business.

[waited2long]

I've made toys and children's items in the past and planned on doing more in the future.

I'm hoping they say things assembled from 'safe' materials will be exempt from the law.

[JGarrick]

Originally Posted by waited2long

I'm hoping they say things assembled from 'safe' materials will be exempt from the law.

I'm not sure about that one. With any luck there will be a rule clarification to that effect, but one of the main complaints about the original rulemaking was the unit testing requirement. That was going to be difficult for some manufacturers who make a lot of different products in small volumes from multiple combinations of the same materials. The rules would require each combination of materials to be tested as a unit.

It would make a lot more sense to just verify that each component individually meets the requirements. If they do, then the resulting product must also. That would make it a lot easier for small manufacturers, and also make it possible for home-based businesses to comply fully.

[waited2long]

They could write it so that any materials that when combined do not create a new material, would be okay as long as the original materials were 'safe'... In other words, if you make a rag doll out of cloth, yarn, thread and filler that has all passed testing, the resulting rag doll is automatically legal, as none of the original materials were changed. But, if you make modelling clay out of a mixture of safe clays and plastics, the mixing created a new material, so it would need testing.

[JGarrick]

Originally Posted by waited2long

But, if you make modelling clay out of a mixture of safe clays and plastics, the mixing created a new material, so it would need testing.

I'm not sure about the phthalates, but lead is an element and no amount of mixing is going to introduce it if it wasn't there in one of the initial ingredients.

However, it might be possible that you could start with an ingredient that falls below the lead PPM threshold, but through some chemical process end up with a result that concentrates lead in the final product to result in something that doesn't pass. The same could be possible for phthalates.

In any case, I was thinking more of a very small or home based manufacturer that's just cutting and sewing clothes or doing simple assembly of components, not a larger operation mixing chemicals into new compounds.

However, even a home based business would have to consider everything they use. If, for example, you were cutting and sewing coats, you'd need to consider not just the fabrics, buttons, and zippers, but also any adhesives you used, any cleaning agents you use if you washed the fabrics, inks and dyes used if you printed anything on the clothes, etc. Thinking about the possibilities, I could see how someone writing the rules might want to require a unit test on any finished products.

[fredalina]

This doesn't seem to solve the problem to me. Forget homemade stuff, though it's a huge problem (i sew and craft so i have an interest in this too). This says that resellers don't have to *certify* that the products are free from lead and pthalates, but they still cannot sell these items. If they do sell them, there are very strict penalties.

Which means thrift and second hand stores still can't sell the stuff without having huge liability.

[waited2long]

I've actually seen homemade play dough, dyed fabric's etc... So, yeah, the multiplying of lead levels and/or creating a hazzardous compound from safe compounds is what I meant.

I also paint... If I buy fabric paint at my local craft store and paint a little flag on a 2T jacket I bought at a local clothing store... I don't think I should have to test the finished jacket as long as the paint I used and the jacket I painted it on, were already 'legal'.

We can go around on this for hours

As for used items... I think it said something about checking the recall lists before offering used items for sale... But, that may have just been a recommendation somebody added to the info.

I am all for not allowing dangerous toys, clothing, furniture, bedding, etc... But the laws have to be reasonable for everybody, not just big companies. And they need to make sense.

[CaddoRose]

The new clarifications say they can resell an item and they are not required to certify it is free of lead. Here is the quote from the posted article:

"The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, 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 the issue is that if an item has been tested and found to exceed the levels, then a reseller can't sell that item. They can however sell items that are likely to not have lead.

I'm wondering if the CPA will begin a website that list items that have not met the certification similar to the one for items that have been recalled. How else do they expect a thrift store to know about these things. It is still too broad and very convoluted. I imagine we are in for many , many changes to this law in the future. It is the equivalent to throwing the baby out with the bath water.