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

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It is currently unclear whether CPSC will allow component testing to be used for CPSIA compliance.  Certainly component testing makes sense for products where the manufacturing process is unlikely to introduce lead to the finished product, such as apparel and handmade toys, and for product lines that use the same material in more than one product, such as matching baby slings and nursing pillows.  We are still awaiting guidance from the CPSC on this matter.

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It is unclear whether CPSC will allow upstream certification for CPSIA compliance.  CPSIA specifically states that the manufacturer of the children’s product is responsible for getting third party testing on their finished product.  Certainly it would make sense, especially for small volume manufacturers who carefully source their materials.  However, it may not be permissible under CPSIA.

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• toys for children of any age must not have any of the 3 prohibited phthalates
• toys that can be placed in a child’s mouth must not have any of the 3 prohibited phthalates or violative concentrations of the 3 restricted phthalates
• feeding and child care items for children under 3 (we await a formal definition of which items fall in this category)

The following materials are exempt from third party testing for phthalates, as per CPSC’s policy statement:

• unfinished metal
• ordinary fabrics and yarns made from natural and synthetic fibers like polyester, nylon, acrylic, cotton, wool, etc.
• polyethylene, polypropylene, and polyolefin
• silicone rubber
• natural latex
• mineral products such as play sand, glass, and crystal

However, if any of these items have on them a coating that might contain phthalates, such as a screen print on a cotton tee or a waterproof coating on fabric, the coating is not exempt from phthalates testing.

Here is a partial list of items that MAY NEED phthalate testing:

• Elastic
• PUL (polyurethane laminate fabric, used in cloth diapers)
• Fabric finishes
• PVC and vinyl
• Adhesives
• Electrical insulation
• Foam rubber
• Surface coatings and decals

Source your materials with care if you use any of these.

Some important things to note about this policy:

• These exemptions are for phthalate testing ONLY.  A material may be exempt from phthalate testing but still need to be tested for lead for CPSIA compliance.
• Phthalate testing is on a component basis.  So if you use cotton flannel and PUL to make a diaper, only the PUL needs to be tested for phthalates, NOT a finished diaper.  An “I Spy” bag with a vinyl window would need the vinyl tested but not the thread, fabric, etc.
• The policy statement linked above does not specify whether inaccessible component parts will need to be tested for phthalates.

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This means, for example, that silkscreen t-shirts meant to be worn as clothing, not part of a sleepwear set, for children of all ages do not fall under the phthalate testing requirement.

For more information, please refer to the CPSIA Section 108.

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Also of note: In a study by the CPSC, it was found that these kits were unreliable.

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While there is currently a stay of enforcement on testing and certification until February 2010, there is no stay for the tracking label provision which goes into effect on August 14, 2009.

UPDATE

Some exemptions have been made for certain materials.

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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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