Are you making children's quilts or toys or garments to sell or donate?
01-06-2009, 09:43 AM
#21
Junior Member
Join Date: Oct 2008
Location: Indiana
Posts: 222
Originally Posted by lfw045
This has to do with toys.........I know I am missing something here and I apologize, but what would that have to do with making blankets, clothes, quilts, ect.?
01-06-2009, 10:39 AM
#22
Super Member
Join Date: Mar 2008
Location: rural Maryland
Posts: 1,564
Cathe,
I just came home from a shopping trip to JoAnns. I spent $38.00 on fabric to make Linus Quilts. If this bill is enforced you can kiss projects like them goodbye. I will check with my friend who is the Linus Chairperson in our county and see if she has heard about this. I guess I will be contacting my congress people ASAP. It probably will do no good as they never respond on anything else I have contacted them concerning other issues. I also make quilts for war veterns I guess it won't apply to them as they are over 18.
Big Brother has stepped in it again, big time.
I just came home from a shopping trip to JoAnns. I spent $38.00 on fabric to make Linus Quilts. If this bill is enforced you can kiss projects like them goodbye. I will check with my friend who is the Linus Chairperson in our county and see if she has heard about this. I guess I will be contacting my congress people ASAP. It probably will do no good as they never respond on anything else I have contacted them concerning other issues. I also make quilts for war veterns I guess it won't apply to them as they are over 18.
Big Brother has stepped in it again, big time.
01-06-2009, 11:35 AM
#24
Super Member
Thread Starter
Join Date: Jul 2007
Location: Minnesota
Posts: 1,097
Handmade items are manufactured. That point was made clear by Cheryl Falvey, the General Counsel for the CPSC. I think I read that on a recap at fashionincubator.com - they are most interested in that kind of thing.
I am so glad you are willing to contact your legislators!
The thing is, the law DOES exist and has existed since last summer. Can it be enforced? I don't see how it possibly could be.
Will I continue to sell things and break the law, knowing I can't be stopped? I don't think so.
I sincerely hope that it is repealed, amended, or whatever.
The main thrust of the industries who want it amended (toysmakers, dressmakers, furniture manufacturers, printers, etc) is to permit composite testing instead of unit testing. They would be able to buy buttons, wood, paint, fabrics, nails, thread, paper, etc that are already certified according to the standards. That works well for companies who produced many of the same item (Gymboree, Hanna Anderson, Mattel, etc.) For a quiltmaker, that is just as impossible an idea, unless I make several of the same quilt, using only one or two fabrics - and if I never use any of the fabrics in my stash but only those purchased new after Nov 2008 and provided with the General Conformity Certificate (GCC). Articles would still have to be permanently labeled with the tracking code. So the proposed amendment would definitely benefit mass producers, but it wouldn't change the situation for people who do special orders or one-of-a-kind items.
Resale in the form of garage sales, thrift stores and resale shops would be the easiest to make an amendment for, and I hope they do, but the special interest consumer groups are pushing very hard for the total elimination of those (potentially) lead-laden toys and garments currently in existence.
I am so glad you are willing to contact your legislators!
The thing is, the law DOES exist and has existed since last summer. Can it be enforced? I don't see how it possibly could be.
Will I continue to sell things and break the law, knowing I can't be stopped? I don't think so.
I sincerely hope that it is repealed, amended, or whatever.
The main thrust of the industries who want it amended (toysmakers, dressmakers, furniture manufacturers, printers, etc) is to permit composite testing instead of unit testing. They would be able to buy buttons, wood, paint, fabrics, nails, thread, paper, etc that are already certified according to the standards. That works well for companies who produced many of the same item (Gymboree, Hanna Anderson, Mattel, etc.) For a quiltmaker, that is just as impossible an idea, unless I make several of the same quilt, using only one or two fabrics - and if I never use any of the fabrics in my stash but only those purchased new after Nov 2008 and provided with the General Conformity Certificate (GCC). Articles would still have to be permanently labeled with the tracking code. So the proposed amendment would definitely benefit mass producers, but it wouldn't change the situation for people who do special orders or one-of-a-kind items.
Resale in the form of garage sales, thrift stores and resale shops would be the easiest to make an amendment for, and I hope they do, but the special interest consumer groups are pushing very hard for the total elimination of those (potentially) lead-laden toys and garments currently in existence.
01-06-2009, 11:59 AM
#26
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Thread Starter
Join Date: Jul 2007
Location: Minnesota
Posts: 1,097
01-06-2009, 12:19 PM
#27
Senior Member
Join Date: Aug 2008
Posts: 465
FAQs For Section 104: Standards and Consumer Registration of Durable Nursery Products
Will infants’ crib bedding, blankets, bath textiles, and apparel fall under the heading of “durable product”?
No. Congress did not define the term “durable,” but it is commonly understood to mean able to exist for a long time without significant deterioration. Cloth/textile items are generally not considered to be durable goods. None of the items Congress specified in section 104 as examples of durable products are items made entirely of cloth, rather they are primarily made from rigid materials (e.g., cribs, toddler beds, high chairs, strollers, bath seats).
Will infants’ crib bedding, blankets, bath textiles, and apparel fall under the heading of “durable product”?
No. Congress did not define the term “durable,” but it is commonly understood to mean able to exist for a long time without significant deterioration. Cloth/textile items are generally not considered to be durable goods. None of the items Congress specified in section 104 as examples of durable products are items made entirely of cloth, rather they are primarily made from rigid materials (e.g., cribs, toddler beds, high chairs, strollers, bath seats).
What furniture articles are exempt under CPSC regulations? Do the lead paint limits apply to furniture whether or not the furniture is intended for children?
16 C.F.R. § 1303.1 provides that the lead paint limits apply to toys and other articles intended for use by children, as well as furniture articles for consumer use that bear lead-containing paint. Furniture articles include, but are not limited to beds, bookcases, chairs, chests, tables, dressers, desks, pianos, console televisions, and sofas. However, they do not include appliances such as ranges, refrigerators, dishwashers, clothes washers and dryers, air conditioners, humidifiers and dehumidifiers; fixtures such as bathroom fixtures, built-in cabinets, chandeliers, windows, and doors; or household items such as window shades, venetian blinds, or wall hangings and draperies.
16 C.F.R. § 1303.1 provides that the lead paint limits apply to toys and other articles intended for use by children, as well as furniture articles for consumer use that bear lead-containing paint. Furniture articles include, but are not limited to beds, bookcases, chairs, chests, tables, dressers, desks, pianos, console televisions, and sofas. However, they do not include appliances such as ranges, refrigerators, dishwashers, clothes washers and dryers, air conditioners, humidifiers and dehumidifiers; fixtures such as bathroom fixtures, built-in cabinets, chandeliers, windows, and doors; or household items such as window shades, venetian blinds, or wall hangings and draperies.
01-06-2009, 12:25 PM
#28
Super Member
Join Date: Mar 2008
Location: Hopewell, VA (for the moment anyway)
Posts: 1,692
I don't understand........ the following seems to counter what is being put forth here or maybe I am misunderstanding which is highly probable:
http://www.cpsc.gov/about/cpsia/faq/104faq.html
and then the chart on the following link does not even mention fabric or fabric related articles:
http://www.cpsc.gov/about/cpsia/summaries/102brief.html
In view of the above I really don't see what the fuss is all about at this point in time, unless there is a link that specifically addresses the fact that it is unlawful for us to make and sell or give charitably our quilted goods.
http://www.cpsc.gov/about/cpsia/faq/104faq.html
and then the chart on the following link does not even mention fabric or fabric related articles:
http://www.cpsc.gov/about/cpsia/summaries/102brief.html
In view of the above I really don't see what the fuss is all about at this point in time, unless there is a link that specifically addresses the fact that it is unlawful for us to make and sell or give charitably our quilted goods.
01-07-2009, 07:03 PM
#29
Senior Member
Join Date: May 2008
Location: Columbus, Ohio
Posts: 521
I got a reply from Sherrod Brown (D-OH) today. If you go back and read what I asked him, he really skirts giving me any specific answer. Quite what I expected, he voted for it, but has no clue what it actually says. Here's his response:
Thank you for contacting me regarding H.R.4040, the Consumer Product Safety Improvement Act, specifically provisions setting a deadline to prohibit the manufacture and sale of children's products that contain lead and phthalates.
The negative health effects of both these substances have been extensively documented and studied. Research has found phthalates exposure linked to decreased fertility capacity in men, premature birth in women, and asthma symptoms in children. In 2005, a University of Rochester School of Medicine study found that pregnant women with high levels of phthalates in their urine were more likely to give birth to boys with birth defects in their reproductive systems.
Ingestion and inhalation of lead has long been known to cause damage to the nervous system, with young children especially vulnerable. Lead poisoning can cause blood and brain disorders, as well as gastrointestinal, reproductive, and kidney problems. Although the number of children with elevated blood lead levels has decreased over the past several decades, the treatment of lead poisoning accounts for the vast majority of the $43.4 billion spent on pediatric environmental disease.
To combat childhood exposure to these substances, Congress passed, and the President signed into law, H.R.4040 in the summer of 2008. Provisions of this law require that beginning February 10, 2009, manufacturers of children's products cannot sell children's products that violate lead standards or contain phthalates.
Since passage, many companies, particularly small manufacturers, have expressed concern that these requirements present a significant hardship. While these companies express agreement with the need to restrict lead and phthalates, they have asked for some aspects of the requirements to be re-evaluated.
I supported passage of H.R.4040 and strongly agree with the need to keep these dangerous substances away from children. The Consumer Product Safety [UTF-8?]Commission’s Office of General Counsel has also concluded that products containing high lead content cannot be sold after February 10, 2009. As it relates to phthalates, Congress created a consumer product safety standard which will apply to products manufactured after February 10, 2009. As Congress continues to examine this issue, I will work to see that this legislation does not adversely hurt [UTF-8?]Ohio’s small business and manufacturing community. Additionally, while I am not currently a member of the Senate Commerce Committee, which has primary jurisdiction over consumer product safety, I will share concerns I have received from constituents with relevant individuals. Thank you again for contacting me.
Sincerely,
Sherrod Brown
Thank you for contacting me regarding H.R.4040, the Consumer Product Safety Improvement Act, specifically provisions setting a deadline to prohibit the manufacture and sale of children's products that contain lead and phthalates.
The negative health effects of both these substances have been extensively documented and studied. Research has found phthalates exposure linked to decreased fertility capacity in men, premature birth in women, and asthma symptoms in children. In 2005, a University of Rochester School of Medicine study found that pregnant women with high levels of phthalates in their urine were more likely to give birth to boys with birth defects in their reproductive systems.
Ingestion and inhalation of lead has long been known to cause damage to the nervous system, with young children especially vulnerable. Lead poisoning can cause blood and brain disorders, as well as gastrointestinal, reproductive, and kidney problems. Although the number of children with elevated blood lead levels has decreased over the past several decades, the treatment of lead poisoning accounts for the vast majority of the $43.4 billion spent on pediatric environmental disease.
To combat childhood exposure to these substances, Congress passed, and the President signed into law, H.R.4040 in the summer of 2008. Provisions of this law require that beginning February 10, 2009, manufacturers of children's products cannot sell children's products that violate lead standards or contain phthalates.
Since passage, many companies, particularly small manufacturers, have expressed concern that these requirements present a significant hardship. While these companies express agreement with the need to restrict lead and phthalates, they have asked for some aspects of the requirements to be re-evaluated.
I supported passage of H.R.4040 and strongly agree with the need to keep these dangerous substances away from children. The Consumer Product Safety [UTF-8?]Commission’s Office of General Counsel has also concluded that products containing high lead content cannot be sold after February 10, 2009. As it relates to phthalates, Congress created a consumer product safety standard which will apply to products manufactured after February 10, 2009. As Congress continues to examine this issue, I will work to see that this legislation does not adversely hurt [UTF-8?]Ohio’s small business and manufacturing community. Additionally, while I am not currently a member of the Senate Commerce Committee, which has primary jurisdiction over consumer product safety, I will share concerns I have received from constituents with relevant individuals. Thank you again for contacting me.
Sincerely,
Sherrod Brown
01-07-2009, 08:41 PM
#30
Super Member
Thread Starter
Join Date: Jul 2007
Location: Minnesota
Posts: 1,097
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
Section 101 -
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:
Section 108 addresses the pthalate aspect of the testing/certification:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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