What is the CPSIA?

If you already keep records of your materials and sources and you can tell where each material came from, you do not need to start using a system of batch numbers.

“Permanent” means reasonably expected to “remain on the product during the useful life of the product.”

While it is known in the screen printing industry that some inks do contain phthalates, a product must be tested for phthalates only if it falls into one of the two categories cited by the CPSIA: a toy intended for a child 12 or younger, or a “child care article” intended for children 3 and [...]

No, if your product is still intended for use primarily for children under 12 your product still falls under the CPSIA. In addition, by marketing and selling the clothes as a toy, what once may have only needed lead testing would now need phthalate testing as well.
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Some items that have failed the lead limit in XRF testing are the following:

Rhinestones
Some pewter buttons and other objects with pewter
Some pearlized buttons
Some buttons
Some types of orange felt
Some zippers
Some snaps on baby bodysuits/onesies
Some vinyl products

Please note: This is not a comprehensive list but one that has been gathered from those in the CPSIA community who [...]

Starting August 14, 2009 every item produced for children under 12 on or after that date must adhere to the tracking and labeling provision of the CPSIA.
And for those who are wondering, under the current version of the law, even a child’s socks will need to have the required label.
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