Consumer Product Safety Improvement Act

Note: This pertains only to those who make children’s clothes. Some of our products, namely tulle and certain types of ribbon are used to make or manufacture children’s products.

January 30th, 2009: The Consumer Protection Agency has issued a 1 year stay of this legislation. Makers of Children's apparel are not mandated to provide certified lead testing for their garments by the original February 10th, 2009 deadline!

Consumer Product Safety Commission stayed enforcement of the new CPSIA 2008, in all but a very few limited cases. The exceptions to the stay are for products containing lead paint that were manufactured after 12/21/08; baby cribs and pacifiers; small parts; and metal components of children's jewelry. purpose of the stay is to allow the CPSC time to address all the numerous issues raised by the very open-ended CPSIA. Because of the stay, you are no longer required to certify that your product meets the appropriate limits on lead and phthalates. However, the 600 ppm limit on lead and 1000 ppm limit on phthalates still applies-- you just are not required at this point to prove that you tested for them.

In other words, Nashville Wraps will still ask our suppliers to test tulle fabric to ensure that it does not contain more than the acceptable amount of lead and will provide you with that information when available. However, neither Nashville Wraps, its suppliers or customers will need to immediately certify the test results as the Act originally required.

On Friday January 30th, 2009 due in part to significant confusion regarding the applicability of the testing and certification requirements under the CPSIA, the Consumer Product Safety Commission issued a one year "stay" of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. Of relevance to makers of children’s products, the stay provides limited relief from the testing and certification requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm) and other requirements. As a result, manufacturers and importers of children’s products will not need to test or certify to these new requirements, but will need to meet the lead limits. There are certain exceptions to the stay, but not for garments/fabrics. The Commission announcement states as follows:

"The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA."

The Commission expects that some products will drop out of coverage of the CPSIA requirements as they obtain more information and devote more staff to looking at these issues in the next year, and they decided not to force industry to do this before the Commission has a chance to review all relevant information. Really, quite a practical decision by the government.

The initial legislation was requiring all components of children's apparel for children under the age of 12 to be tested, certified that it contains less than 600 ppm of lead and phylates.