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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Apparel/Textile

Danielle Elizabeth Designs tweeted a link to a picture of her tracking/care label.  Apparel is already required under other laws to have labels.  CPSIA tracking information can be added to existing labels; the tracking label does not have to be a separate label.

Barking Dog Designs has a two-label solution; one with the business name, the other with the care instructions and other info.  Pictures here and here.  Remember, the information on tracking labels does not all have to be physically in the same spot.  Barking Dog Designs also uses an RN number, which enables customers to look up the business name and location in the FTC’s database.

Challenge And Fun reports that one of their vendors uses small, ready-made size labels to indicate their batch numbers on fabric dolls.

Sue of Ecoleeko has a unique method.  She uses an inexpensive set of rubber stamps to ink her tracking info onto fabric tape, then heat-sets the ink.  If you’ve been considering hand-writing info on your tags, you should look at her idea; the results are very professional looking.

Yarn crafts (crochet, knit)

Curious Workmanship glues tracking labels printed on a laserjet to her hand-crocheted baby booties.  Description here; picture here.

Hair Bows

InfantBows is not using tracking labels, since small unlabelable items are not required to have labels.

Toys

Greco Woodcrafting has their tracking label info laser-etched onto their wooden toys, and recommends collaborating with local businesses if you can’t do an in-house labeling solution.

A business that wishes to remain anonymous stamps their info onto wooden toys using permanent inks.

Books and paper goods

Lunasea Studios incorporated their tracking info into the copyright page of their Little Vampires books.

Hilary of Blynken and Nod has to hand-write her info onto her scavenger hunt card sets, but makes it look more professional by also signing and numbering each set.

Companies that make labels in small quantity, that have been recommended by small businesses:

Namemaker

Custom Couture Label Company

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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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The recent final lead rule detailed a disagreement between the American Library Association (ALA) and the CPSC. The ALA believes that libraries do NOT participate in commerce whereas the CPSC says that libraries DO.

The arguments made by the ALA were very weak for several reasons. Regardless if money is directly exchanged for the privilege of borrowing books, there is an exchange of services for tax payer money, which could be defined as a form of commerce. In addition one could view libraries as warehouses which perform commerce. The definitions may be stretched somewhat, but there is an even more direct example of commerce found in libraries. Libraries frequently sell discarded, or even new, books for fundraisers. Childrens’ books available for sell would be required to meet the requirements of the CPSIA in the same way that thrift stores do. In other words, they wouldn’t be required to test, but they also can’t sell anything which is non compliant. (Which begs the question of how do you know if you don’t test?) Finally, libraries distribute books and prizes as part of literacy or summer reading programs, which would be required to meet the requirements of the CPSIA.

Libraries are currently waiting for further guidance on how to handle their pre-1985 collections.

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However, if you add a button, zipper, or any other part not made of yarn, you will have to make sure it is compliant.  If it’s made of an exempt material, such as plain wood, it does not have to be tested.  If it is made of plastic or metal, has a surface coating (paint) or any other feature that makes it non-exempt, you will have to have third party laboratory testing done.

You will also need to comply with the new tracking label requirements.  And if your product includes small parts that can be removed and choked on, you will need to comply with the small parts labeling requirements.  A small parts warning must be both on the packaging and visible at the point of sale.  If you only sell goods at stores or in person, you can label just the packaging.  If you sell through a catalog, brochure, or over the internet, the small parts warning must be on your catalog, brochure, or webpage.

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Now that children’s books are required to have a tracking label, new books printed after August 14, 2009 should include a printing date. For older books, libraries and resellers will have to rely on the copyright date, which is not equivalent to the printing date. Publishers may have information on file on printing dates or they may not, especially for older books.

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ink,
metal or plastic spiral bindings
staples
painted surfaces
screen printed surfaces
plastic components
vinyl
felt
adhesives

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The reason this definition is problematic is that many books without play value are bound using metal or plastic parts, including staples and spiral bindings.

CPSC’s determination on exemptions from third party lead testing (August 2009) affirmed that books that are made out of paper, paper products, and other exempt materials and whose adhesives are inaccessible, and were printed after 1985, are exempt from lead testing because they are unlikely to contain more than 100 ppm of lead.  However, CPSC did not exempt books that were published before 1985.  We await a future statement of policy from CPSC regarding books published before 1985.

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Current testing recommendations would destroy library collections and XRF testing is recommended only as a screening tool.

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