In August 2008, Congress passed a law that would require testing of all items intended for children under 12 years of age to ensure that they had safe levels of lead and dangerous phthalates.

Before Feb 10th, 2009, there was never a law regulating the amount of lead in any consumer product, other than paint. In 1978, Congress passed a law regulating the amount of lead in paint found in any consumer product that was not for industrial use could not contain more than 600ppm, lead.

CPSIA, or... the Consumer Product Safety Improvement Act, went into effect on February 10th, 2009.



Here's what you need to know:

LEAD: Right now the limit is 600ppm, in August 2009, it drops to 300ppm, and it will be 100ppm by 2010.


- All madatory testing has been postponed until 2010. But you are still required to meet the lead and phthalate standards for whatever you sell. You will be held to civil and criminal charges if you sell an item that does not meet the new standard with the intent of it being used by a child.

- A guide to compliance can be found at the official CPSC website - Guidance on the Consumer Product Safety Improvement Act (CPSIA) for Small Businesses, Resellers, Crafters and Charities

- A quick list of exempted materials can be found, here. [this is also my blog, and it has supplier info and compliance for those of you that are also crafters.]

- Collectibles fall under another part of the law, but you need to have an agreement between yourself and your buyer that the item is meant as a collectible and not a toy.

- Books printed before 1985 are BANNED, unless tested. They fall under the collectible rule and can be sold to adults, without testing them.

- Books with plastic toys attached, and bath books, etc. Are not exempted, and must be tested.

- Vinyl, Plastic and PVC based textiles are not exempted and must be tested.

- What are Phthalates?

- It is illegal to sell recalled items. If you sell other old toys, and even new collectibles, be sure you are up to date on the recall list, collectible intended or not, it's illegal to sell anything that's been recalled, to ANYONE.


F.A.Q.:

Any thoughts on how this affects foreigners?
Nothing may be imported or exported that's intended for the use of children 12 and under that has not been tested for lead. The law was written in response to the imported recalled items in 2007-2008. So, they are going to really focus on the ports. I would definitely suggest that you create some sort of statement to include with your items that declares your agreement with your buyer that that item is for collectible purposes and is not to intended to be played with.





If you have ANY questions, please... ask them here. I'll answer them, to the best of my knowledge, and paste them in this post for quick reference.




More Links, to information:

National Association of Resale and Thrift Shops
this site has a TON of info and answers!

www.cpsc.gov/about/cpsia/cpsia.html

Enforcement Policy for New Lead Limits in Children’s Products

Statement: www.cpsc.gov/about/cps...01lead.pdf
Press Release: www.cpsc.gov/cpscpub/p...09120.html

Stay of Enforcement of Testing and Certification Requirements

Federal Register: www.cpsc.gov/businfo/f...nforce.pdf
Press Release: www.cpsc.gov/cpscpub/p...09115.html

Interim Final Rule on Lead Exemption for Certain Electronic Products

www.cpsc.gov/library/f...drawal.pdf

Guidance for Resellers of Children’s Products, Thrift and Consignment Stores

www.cpsc.gov/cpscpub/p...09086.html

Guidance For Complying With Phthalates Requirements

Court Decision: www.cpsc.gov/about/cps...pinion.pdf

Press Release: www.cpsc.gov/cpscpub/p...09121.html

General Counsel Advisory Opinions on Phthalates Requirements

Wearing Apparel: www.cpsc.gov/library/f...ry/321.pdf

Certain Dental Products: www.cpsc.gov/library/f...ry/319.pdf

Shoes: www.cpsc.gov/library/f...ry/318.pdf

Here's a sample disclaimer you can use to include both on your listings/sale posts, and printed and included in your parcels that you ship with things you've sold:

CAUTION:
This item is intended as a vintage collectible. It has not been tested for lead or phthalates and should be kept out of the reach of children.

Head of the CPSC speaks out about the law and how her agency is weathering it's enforcement and problems with the law's broadness.

Click here!


it's videos 1-4 from the toy fair.


the rest of the videos are useful, as well... they're all news and info.

this is also a network, directly for the handmade community about the CPSIA, feel free to join, and be kept in the loop.

Hi everyone
I just wanted to add that I am including an insert with my packages that also includes a warning that pregnant women should not handle the ponies. (of course we know they are safe but to comply with this....whatever this is dont even get me started)