CPSIA summary for diapermakers

[gstaley]

I saw this today and thought it would be a good thing to post for all of us that are WAHMs.  I hope it helps with clearing up the confusion a bit.

CPSIA summary for diapermakers

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I posted this elsewhere, but then I realized it might be helpful to some of you here who may not have already figured this out.

The legislation brings up a variety of new requirements, and they are spelled out in different sections. Not every new requirement will apply to diapers. Section 104, for example, does NOT apply to diapers. It talks about implementing new standards and registration requirements for durable nursery products such as cribs and playpens. Diapers would NOT be included in this. But other sections of the law DO apply to diapers.

As diaper manufacturers, I believe the relevant new requirements for
us are:

1. Certificates (section 102 of the law). As of now (since Nov.
12th), we are supposed to issue General Conformity Certificates with
our products (and keep them on file) that are supposed to be based
on "a reasonable testing program" that makes sure our products adhere
to all CPSC guidelines. (The CPSC does not CURRENTLY have a limit on
lead content, but as of Feb. 10th, they have a limit...nothing with
over 600ppm lead in it can be sold for children 12 and undr.) And as
of August these certificates will have to be based on accredited 3rd
party testing.

2. Lead content testing (not the lead paint testing), section 101 of the law.
As of Feb 10th, we are required to do testing of lead content that
would provide proof that our products are below 600ppm total lead
content, for backing up our General Conformity Certificates. Those
certificates have to be based on evidence...we can't just assume our
products don't have lead in them. The way I read the law, we are also
supposed to be doing a reasonable testing program to make sure our
products comply with CPSC regs RIGHT NOW, because we're aleady
supposed to be issuing General Conformity Certificates (since Nov
12th). But there is no lead content limit yet (not until Feb. 10th),
however we're subject to current Flammability standards, which we
should be testing for (or making sure that we're only using exempt fabrics).

3. Tracking Labels (section 103 of the law). As of August 14th, our
products are required to be permanently labeled with certain
information including date of manufacture and batch number.

4. Flammability. I haven't looked into this enough yet to comment
intelligently. I think the FFA (Flammable Fabrics Act) which has
been in place for years was recently updated in conjunction with the
CPSIA of 2008. I think there are new guidelines that would affect
us. I've read some about exempt fabrics, and other fabrics that
would require testing. I'll be honest, as of now I've just been
planning on using exempt fabrics so I wouldn't have to submit samples
for testing. But like I said, I haven't researched this subject
sufficiently yet.

That's it, as far as I can tell. I know a lot of us are just hoping/praying they'll amend the law to exempt one-person manufacturers or to exempt cloth diapers specifically or textiles in general. I have no idea if they will, but time is running out and between now and when the lead content testing becomes required (Feb. 10th), and we're having the Holidays and then an Administration change. Plus they are already knee deep in auto manufacturer bailouts, the housing crisis, and all sorts of problems associated with our tanking economy. It's hard to imagine the Congress will have time to deal with this before Feb. 10th. And I just don't know if the CPSC has the authority to amend it themselves, without congressional approval. I think we have to proceed as if the lead testing WILL apply to us when Feb. 10th arrives.

[southernlamom]

Recopying and posting this, I hope elimonster doesnt mind!!!!!

It seems diapers MAY be exempt from the CPSIA...so keep doing ur research everyone and FIGHT IT regardless..its still too vague and will kill handmade toymakers!

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on Dec. 11, 2008 at 8:27 AM Okay, this is my interpretation of the Frequently Asked Questions (found in a link in the Etsy article): Page 8-first question concerning the stuffed animal:  if your product does not contain the offending surfaces (metal, paint, plastic) then it is up to you as the manufacturer to determine if your product needs testing. Section 104 (page 15):  Durable goods need testing, Soft Goods do not.  Most of our products are classified as soft goods.  Anything sewn and made solely out of fabric will be considered a soft good.  The second question specifically mentions baby slings.  Sewn toys will need to be tested at the discretion of the manufacturer (see page 8).  Upon reading further, I believe that durable goods will be subject to more extensive testing but soft goods will still need to be tested unless the manufacturer determines no testing is needed (see page 8). Section 108 (page 17):  Phthalate testing needs to be done for any toy or anything aiding in sleeping, feeding, sucking or teething.  Be veeeery specific about what use your product has.  Diapers, for instance, do not aid in any of those tasks.  They aid in pooping!  And therefor would not be around a baby's mouth.

[ReneeLRS]

Has Anyone heard more about this topic?  How has this affected any WHAMs in the group?

[Danotoyou2]

http://www.cpsc.gov/ABOUT/Cpsia/smbus/manufacturers.html

[MamaToLucas]

This was postponed til next year, though, right?