What is the CPSIA? » I need info for thrift stores

Do I Have To Test And Comply With The CPSIA?

whimsicalwalney — Fri, 23 Oct 2009 02:19:00 +0000

Due to the complexity of the CPSIA, many people are still wondering which parts of the testing and certification, if any, apply to them.

The Handmade Toy Alliance has therefore pulled together the flow chart below in order to provide businesses with straightforward information on what does or does not have to be tested under the law.

CPSIA Testing Requirements Flowchart

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What components have had some failures when tested?

whimsicalwalney — Wed, 10 Jun 2009 17:05:07 +0000

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 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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Thrift stores and non-profits like soup kitchens are exempt, right?

whimsicalwalney — Sun, 31 May 2009 18:30:41 +0000

CPSIA does not currently provide exemptions for either specific products or for specific organizations. Non-for-profits are required to comply with the law and many have already stopped accepting donations due to the associated liability.

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I heard that if I think a business violates the law I can anonymously report them

whimsicalwalney — Fri, 29 May 2009 02:23:15 +0000

Reporting a product that you know is in violation of the CPSIA is required if you are a manufacturer, distributor, or retailer of said product. If you are an employee of a company that you know is selling non-compliant products, there are whistleblower protections.

Here is an explanation that will shed more light from a legal perspective from a law firm in Washington, DC

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Why are people worried, wasn’t CPSIA postponed?

whimsicalwalney — Thu, 21 May 2009 02:51:09 +0000

The law, as written, has not “postponed” because it has been neither changed nor appealed although there have been numerous appeals to Congress to do so.

What did happen is that a stay of enforcement was issued for the testing and certification requirements for certain products (not all products) until February 10, 2010.

What this means is that all products must still fall within the lead and phthalate limits required by the CPSIA but they do not have to have proof of compliance (the piece of paper) required by the law until February 10, 2010.

A request was made by the National Assocation of Manufacturers for a stay on the tracking and labeling provision, but it was denied.

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Didn’t Snopes say that I shouldn’t be worried about CPSIA?

whimsicalwalney — Tue, 19 May 2009 20:06:38 +0000

Earlier this year, Snopes weighed in on CPSIA and resellers and thrift stores. Many people found their reporting on the issue to be inflammatory because the site focused on a single element: the requirement of retail and thrift stores to test and certify the products they sell as CPSIA compliant.

The CPSIA initially stated that all resale stores had to test and certify their products as complying with the lead and phthalate limits as stated by the law. Shortly before the law went into effect on February 10th, however, the CPSC released a clarification about the responsibilities of a reseller or thrift stores.

While a retail or thrift store may no longer be required to test and certify their products, they are held liable for any item they sell that my not meet the stated limits. Due to the broad nature of the products the law covers, the CPSC recall list does not suffice as a resource for these stores. Thrift stores especially feel it is far to risky to take an item that does not have certification and therefore many have scaled back their children’s selection or removed it all together.

Because so many people often rely on the popular urban legend site to verify certain claims, people contacted Snopes and asked that they revise their post. Unfortunately, Snopes has been unwilling to clarify their reporting and continue to mislead their readers.

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Who can do the lead and phthalate testing?

wackyhermit — Sun, 17 May 2009 16:28:20 +0000

There is currently a stay until February 2010 on the testing and certification requirements, but once that stay is over the lead and phthalate testing for CPSIA compliance must be done by a CPSC-approved third party laboratory. A list of these laboratories can be found here.

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Why does CPSIA affect thrift stores?

wackyhermit — Fri, 15 May 2009 12:02:59 +0000

Many of CPSIA’s requirements, particularly the lead content and phthalate content, apply retroactively to goods that have already been manufactured. Because it is illegal to sell any item that doesn’t meet the standards, thrift store owners must make sure their items meet the standards.

Some types of items (e.g. cloth) usually meet the standards, but other types (e.g. zippers) sometimes do not. Thrift store owners are not required to test their items, but with many common items it is impossible to know if they meet the standard without testing.

Some thrift store owners find they cannot make enough money selling only items that are known to meet the standards, and that the cost of testing for other items is too high, so they are choosing not to sell children’s items.

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