Wednesday, January 28, 2009


This is an excerpt from a Yarn Guild who is fighting for the rights of craft producers and consumers in the United States found HERE:
"• In conclusion, all the test data gathered to date on products made from pre-dyed or un-dyed fibre, have
shown that consumer craft products sold and distributed in the US are essentially lead and phthalate free. While y p
materials and test data presented today has focused on the manufacturing of handknit products, all other
products made from natural or synthetic fibres would p yyield very similar results.
• We believe that consumer craft products manufactured anddistributedintheUSmarketstodayaresignificantlyand distributed in the US markets today are significantly
below the minimum lead and phthalates content levels established by the CPSIA 2008, and all consumer craft
productsshouldbeexempt fromtestingrequirementsproducts should be exempt from testing requirements."

Please feel free to input any further information you know, or links to helpful resources, as this may affect us all...

ALSO LOOK HERE for more info.

These appear to be the items in question:
Items created after the dates in ()
# Lead Paint, 16 CFR Part 1303 (effective date 12/21/2008)
# Full-Size Cribs, 16 CFR Part 1508 (effective date 01/20/2009)
# Non Full-Size Cribs, 16 CFR Part 1509 (effective date 01/20/2009)
# Pacifiers, 16 CFR Part 1511 (effective date 01/20/2009)
# Small Parts Rule, 16 CFR Part 1501 (effective date 02/15/2009)
# Lead Content in Children's Metal Jewelry


  1. "Petition to the Consumer Products Safety Commission

    Who should read this
    1.If you are a small or home-based business that manufactures apparel or other textile products for children under 12 years of age, this legislation impacts you, or
    2. Whether you sell your products wholesale or directly to the consumer through eBay, Etsy, or your own web site, this legislation impacts you.

    If either of these describes you, your business is at stake. Please join us in making our voices heard.

    Our Comments To the Consumer Products Safety Commission (CPSC):

    We are small manufacturers of children’s apparel and textile products throughout the United States who are petitioning the CPSC to express our concerns regarding the lead and lead in paint standards as mandated by the Consumer Product Safety Improvement Act (CPSIA).

    We want to first emphasize that many of us are parents ourselves and care as much about the safety of our children as anyone. We welcome measures that will help to ensure greater child safety with regard to lead. However, such measures are only effective if they target the real risks.

    Lead in apparel and other textile products pose little risk to children.

    It is important for the CPSC to recognize that the majority of the materials used to manufacture apparel and other textile products are inherently lead-free. While trace elements may be found in some dyes, those amounts are well below the regulatory limits. Even if trace materials existed in the materials used to produce the textiles, very little would remain on finished fabrics because of the low application levels and the washing that occurs during processing.

    Without prudent regulation from the CPSC, the CPSIA will result in unintended and devastating consequences to manufacturers of children’s products that pose little to no risk of lead exposure to children.

    The costs of unnecessary testing and its impact on our businesses

    Requiring expensive tests on inherently lead-free products to verify that they, in fact, don’t contain lead will only add financial burdens to small manufacturers – most of whom are already suffering from the current economic climate – while providing no improvement in consumer or product safety.

    We recognize that some types of children’s apparel contain components that may contain lead. However, metal, painted plastic, and vinyl components in children’s apparel are adequately regulated under the requirements for third party testing for lead in paint.

    The CPSC has the authority to exclude components and classes of products from the lead ban. Accordingly, we urge the CPSC to issue guidance that makes clear that textiles and apparel are only subject to the lead and lead in paint requirements to the extent that a component presents a risk that it contains lead.

    The cost of digestive testing for lead ranges from $130 to $180 per test. For example, a garment with two metal component parts, such as a zipper and snaps, would have to test each component separately at a cost of $360. Previously, a small manufacturer might have spread these costs out over several styles by using the same zippers and snaps in each style. Let’s assume a manufacturer produces 10 styles. Now, with new regulations that require testing of each component part after it is removed from a sample garment, one of each style, the costs of testing increase dramatically to $3,600.

    This cost multiplies exponentially if we are now required to test fabrics and threads for lead, or if different dyes also trigger their own lead tests. Any small manufacturer that can survive these costs – and there aren’t many that can – will have to pass them on to their customers. So, consumers end up on the losing end, too.

    We urge the CPSC to exempt lead testing for those components and articles that are inherently lead-free and require testing for only those components that may contain lead.

    What happens to us WILL effect the U.S. Economy

    Based on U.S. Census data, the Cut and Sew Apparel Manufacturing industry, which includes most categories of small manufacturers of infant’s and children’s apparel, is comprised of more than 40,000 companies. Of these, almost 28,000, or 68%, are sole proprietors contributing a total of $900 million to our nation’s economy. Thus, while our businesses are small, they comprise well more than the majority of the apparel manufacturing businesses currently operating in this country.

    In addition to small manufacturers who work with apparel industry contractors, consider the numerous home-based businesses that produce children’s apparel and sell directly to the consumer. These businesses are best characterized as “micro-manufacturers” who commonly produce custom and one-of-a-kind garments or several styles but in very small quantities. For these businesses to test for lead in every component of each and every style at a cost of $180 per test would increase the costs to produce a garment astronomically, resulting in a price far exceeding what the market will bear.

    Every small manufacturer of children’s apparel shares the goal of the CPSC – ensuring that only safe products are permitted to reach the consumer. We believe this is best achieved by implementing and enforcing the CPSIA in a manner that focuses on risks.

    While we believe there are some components in textile and apparel products that may fall under the lead standards, we believe the vast majority of products and components are inherently lead-free and should thus be excluded from the standards.

    We urge the CPSC to issue guidance that makes clear that textiles and apparel are only subject to the lead and lead in paint requirements to the extent that a component presents a risk that it contains lead."


  2. We are so excited to announce that the Commission has voted for a "Stay of Enforcement of Certain Testing and Certification Requirements of CPSIA" — which means that they are proposing a 1 year suspension of the burden of lead testing and certification while they take more time to review the rules and plan enforcement! All of your hard work is paying off (for the time being at least!). You wouldn't have to pay to do the certification and testing, though you are still liable if your products are found to have lead. We are so pleased that artisans and vintage sellers got their voices heard. Your hard work is not over; we must continue to play a role in advocating for small business people throughout the coming year.

    "The action taken today provides breathing space to get in place some of the rules needed for implementation, but it should not be viewed as a full solution to the many problems that have been raised." —U.S. Consumer product Safety Commission

    You'll find the press release below:

    CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products

    Washington, D.C. – The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards or bans.

    Significant to makers of children’s products, the vote by the Commission provides limited relief from the testing and certification requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm), phthalates limits for certain products (1000 ppm), and mandatory toy standards, among other things. Manufacturers and importers – large and small – of children’s products will not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements.

    The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.

    The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.

    The stay does not apply to:


    Four requirements for third-party testing and certification of certain children’s products subject to:

    The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;

    The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;

    The ban on small parts effective for products made after February 15, 2009; and

    The limits on lead content of metal components of children’s jewelry effective for products made after March 23, 2009.

    Certification requirements applicable to ATV’s manufactured after April 13, 2009.

    Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides; and

    Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.

    The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.

    Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.

    The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are not required to test and certify products under the CPSIA. The products they sell, including those in inventory on February 10, 2009, must not contain more than 600 ppm lead in any accessible part. The Commission is aware that it is difficult to know whether a product meets the lead standard without testing and has issued guidance for these companies that can be found on our Web site.

    The Commission trusts that State Attorneys General will respect the Commission's judgment that it is necessary to stay certain testing and certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.

    Please visit the CPSC Web site at for more information on all of the efforts being made to successfully implement the CPSIA.

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