What is the CPSIA? » compliance

I make hand-knitted stuff, how does CPSIA affect me?

wackyhermit — Tue, 25 Aug 2009 15:07:35 +0000

Yarn, both natural and synthetic, is on the CPSC’s list of materials exempt from both third party lead testing and phthalate testing. So any knitted or crocheted product that is made entirely of yarn does not require any third party testing.

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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I ship products from Canada, how am I affected by CPSIA?

wackyhermit — Tue, 18 Aug 2009 16:17:33 +0000

All products imported into the United States have to meet CPSIA standards, regardless of their country of origin. If you ship products from Canada directly to consumers in the United States, you will have to make sure you have complied with CPSIA.

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Can I export my products to other countries and just not sell them in the U.S.?

wackyhermit — Mon, 17 Aug 2009 21:03:23 +0000

Products exported from the U.S. all have to comply with CPSIA before they will be allowed out of the country. Some shippers are now requiring certificates of compliance, also known as general conformity certificates (GCCs), before accepting commercial shipments.

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What information needs to be on the tracking labels?

wackyhermit — Sun, 02 Aug 2009 21:52:32 +0000

What information has to be put on the label or alternatively, somewhere on the product and/or its packaging?

the name of the manufacturer or private labeler
the location of production (city, state/province, and country)
the date of production OR a mark, such as a batch number or cohort number, that you can use to look up the date of production.

CPSC’s tracking label guidance tells us about tracking labels:

they must be “permanent”
they must be on the packaging and the product “to the extent practicable”
they must have “marks” (i.e. letters, numbers, or signs) that allow the manufacturer to discern what batch the item belongs to and look up the origins of the materials
the manufacturer must maintain a way to look up the origins of the materials based on the mark, e.g. a spreadsheet or database
the information need not be all in one spot on the product, as long as it’s all on the product somewhere
if the label on the product can be seen through the packaging, there is no need to also label the packaging
the requirement is NOT RETROACTIVE, meaning that anything manufactured before August 14 DOES NOT have to be labeled

Certain products are exempt from labeling. If your product has more than one piece, not all pieces must be labeled.

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If testing and labeling are so costly why am I still seeing handmade goods in stores?

whimsicalwalney — Fri, 12 Jun 2009 15:22:14 +0000

Many handmade goods are still in stores for a variety of reasons. Here are some to consider:

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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Where can I find a list of compliant products?

whimsicalwalney — Thu, 28 May 2009 18:02:10 +0000

Just as with trying to compile a list of compliant manufacturers, creating a comprehensive list of compliant products would be very difficult to accomplish.

There are many manufacturers, however, who are labeling their products “CPSIA-compliant” to demonstrate their compliance. This should mean that they’ve had their products appropriately tested with a “reasonable testing program” but if you have any concerns, contact the manufacturer directly.

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Where can I find a list of non-compliant products?

whimsicalwalney — Tue, 26 May 2009 16:52:18 +0000

Currently there is no list of all non-compliant products. To be truly comprehensive it would include hundreds of thousands of products since the CPSIA encompasses any product for children under 12.

The CPSC, however, does maintain a recall list where you will be able to find products about which the CPSC is aware .

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Why don’t crafters and small businesses just ignore the law?

whimsicalwalney — Tue, 26 May 2009 12:19:11 +0000

Crafters and small businesses are not ignoring the law because the risks are too great. There is a fine of $100,000 and potential prison time of five years for each “incident.” Considering that an “incident” is a single, non-compliant product fines could total several hundreds of thousands of dollars and the potential for far too many years in jail.

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Where can I find a list of compliant suppliers and manufacturers?

whimsicalwalney — Sun, 24 May 2009 21:02:53 +0000

A comprehensive list of compliant suppliers and manufacturers has not been compiled as it would be too extensive for any one person or organization to collect accurately.

There is an effort to help the crafting community, however with a community-driven list of compliant suppliers that can be found here.

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As a retailer, am I liable for selling non-compliant products?

whimsicalwalney — Sat, 23 May 2009 15:09:26 +0000

Yes, retailers/resellers are liable for selling non-compliant product. It is highly recommended that you require a GCC from each of your vendors because there is a fine of 100,000 and potential prison time of five years for each incident.

For more information, refer to Kathleen Fasanella’s post: CPSIA, Denial and Retailer’s Responsibility

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