Are you making children's quilts or toys or garments to sell or donate?
#31
Moderator
Join Date: Jan 2007
Location: In the middle of a mess...
Posts: 20,025
Here's an article from Etsy about the whole situation.
http://www.etsy.com/storque/craftivi...o-action-3157/
http://www.etsy.com/storque/craftivi...o-action-3157/
#32
Power Poster
Join Date: Sep 2007
Posts: 18,726
Well, I'm just speechless... I guess I'll have to hurry and make my friends blanket to be finished prior to Feb... I'm just shaking my head and will be contacting my TN law makers. I hope the idiots in DC will get their heads out of their ***** and make the necessary changes to make the law reasonable. We do need regulation to prevent these poisons from being in all goods..not just childrens....but..come on...THINK lawmakers!!!
#33
I nearly choked on my breakfast reading this. Does this new law only apply to items you sell or donate and not things you make for your own loved ones? How could they enforce it if it applied to everything in your own home? If charities will now require certification before accepting my quilts, I will not be able to afford to donate any longer.
#34
Super Member
Join Date: Jul 2008
Location: Maple Grove, MN (by way of GA, NC, PA, NC, AL!)
Posts: 1,548
i have spent the last hour reading up on this and what I have read specifically states that the items to be tested are ones manufactured on or after the February 2009 date - that it is NOT apply to items manufactured before that date. Also, one item I read by a lawyer of the CPSC said that retroactivity of laws is NOT supported by the Supreme Court.
From the CPSC website "Toys manufactured after February 10, 2009, will have to meet these requirements." "Children’s toys and child care articles manufactured on or after February 10, 2009 will require a general conformity certification based on a “test of each product or a reasonable testing program.” "
Regarding books etc. - "If the children’s products use printing inks or materials which actually become a part of the substrate, such as the pigment in a plastic article, or those materials which are actually bonded to the substrate, such as by electroplating or ceramic glazing, they would be excluded from the lead paint limit."
Regarding durable products (as already stated by someone else) "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)."
Regarding socks and shoes: "Shoes and socks are not considered to be children’s toys or child care articles." (this i include because of a blog I read by a mom insisting that she would not be able to purchase shoes and socks for her kids because it would cost too much due to the testing requirements.)
I agree that there is room to be concerned on how this will affect the small businesses that make children's toys and furniture. But, I have found nothing the last 90 minutes to say that general clothing, quilts, knitted hats/mittens/scarves would be included. Nor have I found anything that states that everything manufactured before Feb. 10 would need to be thrown out because they don't have the certification that will be required. I also haven't found any mention of gifting homemade items and needing certification to do that.
I will continue to read up on this. Thanks for bringing it out to the Board!
From the CPSC website "Toys manufactured after February 10, 2009, will have to meet these requirements." "Children’s toys and child care articles manufactured on or after February 10, 2009 will require a general conformity certification based on a “test of each product or a reasonable testing program.” "
Regarding books etc. - "If the children’s products use printing inks or materials which actually become a part of the substrate, such as the pigment in a plastic article, or those materials which are actually bonded to the substrate, such as by electroplating or ceramic glazing, they would be excluded from the lead paint limit."
Regarding durable products (as already stated by someone else) "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)."
Regarding socks and shoes: "Shoes and socks are not considered to be children’s toys or child care articles." (this i include because of a blog I read by a mom insisting that she would not be able to purchase shoes and socks for her kids because it would cost too much due to the testing requirements.)
I agree that there is room to be concerned on how this will affect the small businesses that make children's toys and furniture. But, I have found nothing the last 90 minutes to say that general clothing, quilts, knitted hats/mittens/scarves would be included. Nor have I found anything that states that everything manufactured before Feb. 10 would need to be thrown out because they don't have the certification that will be required. I also haven't found any mention of gifting homemade items and needing certification to do that.
I will continue to read up on this. Thanks for bringing it out to the Board!
#35
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Join Date: Sep 2007
Posts: 18,726
Steph, you are making me feel better about this. However, I would still like to see some type of specific exclusion for crafted items. It makes me nervous when those geniuses in DC start messing with things like this.
I tend to agree that the "intent" of the law is not to include these items made of fabric, yarn, etc., but it seems like the way it is now written...the law does include them. The wording is just not quite right...just like the law where all those kids were dropped off.
I tend to agree that the "intent" of the law is not to include these items made of fabric, yarn, etc., but it seems like the way it is now written...the law does include them. The wording is just not quite right...just like the law where all those kids were dropped off.
#36
Super Member
Join Date: Oct 2008
Location: chicago, IL
Posts: 9,589
Cathe, You and I probably do the same craft shows... This could put us out of business. Why can't the fabric companies be doing the testing of the fibers instead of us the consumer? I was in JoAnn's yesterday and the new labels on fabric say where it was make and most of the baby/juvenile fabrics were made in CHINA. I DID NOT buy ANY... This is insane. My little baby bibs are a dagerous product and will be outlawed if I read this right.
#37
Member
Join Date: Jan 2009
Posts: 2
Hi all, I'm a newbe here.
I just got wind of this bill this week and was freeked out. I have been doing charity quilts for 8 years and this reminged me of some Orwellian novel! Consequently I sent my comment to all 3 of my congressmen and and started calling the local consignment shops. To my surprise the first one I called knew all about it. Why? Because the owner's son was on the committee that drafted the legislation! She said that it was never intended to effect anyone but the manufacturers of children's clothing! They are currently working on amemdments to alter the bill which will absolutely be added. She also said that there is really no one out there who would have the staff/manpower to inforce it as it stands.
Let's hope so!
Great to be online with you all'
T
I just got wind of this bill this week and was freeked out. I have been doing charity quilts for 8 years and this reminged me of some Orwellian novel! Consequently I sent my comment to all 3 of my congressmen and and started calling the local consignment shops. To my surprise the first one I called knew all about it. Why? Because the owner's son was on the committee that drafted the legislation! She said that it was never intended to effect anyone but the manufacturers of children's clothing! They are currently working on amemdments to alter the bill which will absolutely be added. She also said that there is really no one out there who would have the staff/manpower to inforce it as it stands.
Let's hope so!
Great to be online with you all'
T
#38
I've read about this subject for the last couple of days and how it relates to quilting.........I can't help but wonder if you all weave your own cotton and thread and batting? The onus is on the manufacturers of the materials you use to make your quilts.
Quilt and be happy. Make lots of people happy too and don't worry.
Quilt and be happy. Make lots of people happy too and don't worry.
#39
Super Member
Thread Starter
Join Date: Jul 2007
Location: Minnesota
Posts: 1,097
Originally Posted by Ellen
I've read about this subject for the last couple of days and how it relates to quilting.........I can't help but wonder if you all weave your own cotton and thread and batting? The onus is on the manufacturers of the materials you use to make your quilts.
Quilt and be happy. Make lots of people happy too and don't worry.
Quilt and be happy. Make lots of people happy too and don't worry.
Whether the law was "intended" to have this effect or not, it's what the law SAYS. We can't depend on anyone's "interpretation" or "intention" of the law.
Sure, we can continue to break the law because we probably won't get caught or prosecuted. That is a moral dilemma for every person or company involved.
Steph, section 104 does not apply to quilts. Section 108 is one clear part of the law that DOES apply, in addition to the "all children's products" language that is so inclusive throughout the law. Section 108 addresses the pthalate testing, which will be mandatory by August. That is when the real need for third-party testing services will no longer be avoidable. Until then, the testing can be done with a less expensive process.
#40
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Thread Starter
Join Date: Jul 2007
Location: Minnesota
Posts: 1,097
Found it:
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)
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)
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