Old 01-07-2009, 08:41 PM
  #30  
Cathe
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Join Date: Jul 2007
Location: Minnesota
Posts: 1,097
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Yeah, he didn't even read the bill before signing it.

The sections you quote all refer to different items and different kinds of testing. The law as a whole applies to ALL childrens products including clothing, bedding, and other textile items in addition to books, electronics, plastic and wood toys, jewelry, teddy bears and more.

This is the official CPSIA definition of Children's Product:
http://www.cpsc.gov/ABOUT/Cpsia/faq/children.html
What is the definition of a children's product and how will the age cutoffs be determined?A “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered:

A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.
Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.
Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
Section 101 -
Do all children's products require testing for lead or is it only products with some type of surface coating?...

All children’s products (as defined by the CPSIA) subject to the lead limit of the Act will eventually require testing for lead, not just those with surface coatings. It is important to distinguish between the rules that apply to lead paint and surface coatings and the rules that apply to lead content.
The phrase "children's products" is repeatedly used, and then they refer specifically to "toys" or "durable goods" in certain sections.

Section 103 goes into the tracking labels:

Are tracking labels required on domestically made products or are they only required for imported products?
Tracking labels are required for all children’s products manufactured one year after enactment of the CPSIA (August 14, 2009) regardless of whether they are domestic or imported products.
Section 108 addresses the pthalate aspect of the testing/certification:
What kind of products does the phthalates prohibition apply to?
Three phthalates, DEHP, DBP, and BBP, have been permanently prohibited by Congress in concentration of more than 0.1% in “children’s toys” or “child care articles.” A “children’s toy” means a product intended for a child 12 years of age or younger for use when playing, and a “child care article” means a product that a child 3 and younger would use for sleeping, feeding, sucking or teething.
How do you determine whether a product is a child care article for purposes of compliance with the phthalates limits?
A child care article is a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething. By way of example, a pacifier/teether would be an item that would help a child with sucking or teething; a bib would facilitate feeding; a crib mattress would facilitate sleeping as would pajamas and crib sheets.
Counsel General for the CPSC, Cheryl Falvey, issued a response to a question about Section 108 and wearing apparel, and it indicates that quilts are absolutely included because they "facilitate sleep" :
http://www.cpsc.gov/library/foia/advisory/321.pdf (sorry - can't copy and paste from that site)

Do our quilts contain lead and/or pthalates? Probably not, but as the law stands now, they would have to be tested and certified to that effect. THAT is the problem. Even if the items are created from 100% organic fairy wings by a little grandma who lives on a farm, they have to be given a General Certificate of Conformity and a tracking number.

No one wants to sell a dangerous product, especially to children. But this law is a mess.

Hopefully, the law will be changed. There has been a lot of pressure on the lawmakers, but so far they just keep sending out form letters.



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