Natural or synthetic textiles are now exempt from lead testing, therefore the parts of the diaper that need to be tested for lead fall to the snaps and elastic if it is visible, as long as you are not making diapers using fabrics with a waterproof finish or PUL.

While there is no final rule on the definition of a “child care article” it is smart to proceed as though diapers will fall into this category. Phthalate testing would therefore be required due to certain materials used to construct the diaper.

Here is a chart pulled together by Wacky Hermit that details commonly used diaper making materials, and their exemption status. This chart assumes that a diaper will be defined by the CPSC as a “child care article.”

* If these materials are inaccessible (i.e. hidden inside the diaper where no one can touch them), they do not have to be tested for lead.
** Snaps made of certain plastics (polyethylene or polypropylene) do not need to be tested for phthalates.
*** Paints are held to a smaller lead content standard (90 ppm lead) than the underlying metal.

For additional information on diapers and the CPSIA,  refer to the Real Diaper IndustryAssociation which is helping its members take a proactive response to the CPSIA.

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However, an item that is made out of yarn may need some third party testing.  If the yarn undergoes any kind of process that could introduce lead into it, it will need to be tested after that process.  Also, many yarn-based items such as sweaters contain non-yarn components, such as buttons.  If the buttons are not made of an exempt material such as wood or bone, they will need to be tested.

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In addition to this, in 2006 a child died from swallowing a jewelry charm that was almost pure lead.  This unfortunate incident brought to the public’s attention the lack of standards for lead in jewelry.

CPSC was on the verge of issuing a standard on lead content in jewelry when Congress decided to step in.  Transcripts of the hearings show that lobbying groups such as PIRG, Public Citizen, and Consumers Union led the charge and were responsible for some of the law’s most confusing provisions, such as the application of the law to all products, the extension of the age range to 12 years, and the provision that lead content and not absorbable lead is what matters.  During the hearings, representatives of manufacturers and even the CPSC itself testified that the new law would have all the problems it currently has, but Congress went ahead with it anyway, evidently based on the testimony of these lobbying groups.  When CPSIA was passed, these lobbying groups celebrated and took credit for their influence on the law.

Notable in all these hearings is that large toy manufacturers like Hasbro and Mattel, whose toys were included in the recalls of 2007, did not even testify before Congress until after CPSIA was largely a done deal.

For an excellent summary of CPSIA’s legislative history and the lobbying groups’ contributions to CPSIA, with a library of links to actual testimony, go here.

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Some businesses will close or already have, some will stay open and do business as usual, and others will change their product line.  It depends on how each individual business is run and how comfortable its owners are with the risk of litigation.  For example, a crafter who sells only in her hometown might be more comfortable staying in business than someone who sells her products wholesale internationally.  A business that can afford to hire an attorney might be comfortable taking the attorney’s advice, while a business that can’t afford an attorney might not be comfortable taking a risk of litigation.  An apparel manufacturer might figure he’s less at risk than a manufacturer of jewelry.

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• The exemption is voided if the material is processed in a way that introduces lead into the material.
• Materials that have a surface coating such as paint must have the surface coating tested.  For example, wood is exempt from testing, but painted wood must have the paint tested.
• Materials that are adulterated by other substances must be tested.
• If for some reason you use one of the exempt materials and by some freak of nature it happens to have too much lead in it, you’re still liable.
• Some materials that are exempt from lead testing are not exempt from phthalate testing.  Some materials exempt from phthalate testing are not exempt from lead testing.
• While we can reasonably expect that state Attorneys General will abide by the science-based findings of the CPSC in this matter, the possibility remains (however remote) that one might decide to prosecute a manufacturer for not testing one of these materials.

The following materials are considered exempt from third party lead testing by the CPSC:

• Precious metals, including gold, silver, and titanium.
• Precious and semiprecious gemstones that are not associated with lead in nature, e.g. rubies, emeralds, tourmaline, jade, quartz.
• Natural and cultured pearls.
• Wood.
• Amber.
• Minerals and fossils, except for those minerals (like galena) that are associated with lead in nature.
• Plant-based materials such as bark, essential oils, jojoba, and tung oil.
• Animal-based materials such as horn, coral, seashells, bone, shellac, and animal glue.
• Food-grade items such as beeswax, mineral oil, food coloring, herbs, milk, and honey.
• All textiles: dyed and undyed, natural and synthetic.
• Paper, cardboard, and similar wood-pulp products.
• CMYK process printing ink.
• Books, if they are made entirely of exempt materials.  All books printed after 1985 are considered to be made of exempt materials.

The following materials are exempted from third-party testing if they meet certain conditions:

• Adhesives, if they cannot be touched by a child (don’t be sloppy with your glue!).
• Stainless steel, except for 303Pb stainless steel.
• Leather, if it does not have a surface pigment (these pigments are considered in the same category as paints)
• Paper, cardboard, and other paper products, if they do not have a coating on them (such as laminating).
• Any component that is inaccessible, meaning it cannot be touched by a child’s finger.

The following materials are specifically mentioned in the document as not exempted from third-party lead testing:

• Composite wood products, like particle board
• Paints, varnishes, and lacquers
• Ceramic glazes and clay
• Glass, crystals, and rhinestones
• Art supplies
• Inks that do not become part of the paper
• Lamination
• Screen printing inks
• Metal and plastic components, such as nails, screws, zippers, buttons, snaps, hair bands, barrettes, and doll accessories
• Metal or plastic bindings used to hold books together, including staples

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• The stay of enforcement for testing and certification until Feb 2010 has afforded many companies the opportunity to get their plans in place. They are determining how they will proceed if the  requirements do not change. Many of them will go out of business if the third-party testing requirement is not changed but are able to sell their products in the meantime.
• The tracking and labeling provision has not yet gone into effect. There has been any guidance on how to comply with this provision, however, therefore companies are still in limbo as to how they will meet this requirement. As with the testing and certification, many companies are getting their plans in place but have not pulled products from the market.
• Some companies are able to meet CPSIA’s requirements and therefore their products will remain in the market. These companies, however, may have to raise their prices once the labeling provision goes into effect and again once the testing and certification stay is over.
• Many companies and resellers are unaware that this law applies to them.
• Many companies and resellers are choosing to ignore the law.

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• 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 have shared what they have learned. If there are other failures of which you are aware, please let us know and we will add them to the list.

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