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Consumer Product Safety Improvement Act(CPSIA)


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Has anyone been looking at the Consumer Product Safety Improvement Act(CPSIA) from the Consumer Product Safety Commission? I was at a show this last weekend and was told some parts of the act I didn't know about. I thought it was about kid's toys and clothes. I started looking it up online and am still trying to figure it out. http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf
Guidance on the Consumer Product Safety Improvement Act (CPSIA) for Small Businesses, Resellers, Crafters and Charities
From what I can tell if an item is primarily for a child 12 or younger it has to be tested for lead by a certified independent lab($300 to $4000) or you can be fined and/or jailed. My concern is whether a leaf I make at a show would fall into this definition. Or if I make the leaf into a necklace. They have stayed the required test for a year then will revisit the testing.

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The am i affected section on the second thread says, the law covers all manufacturers and importers -- large and small, domestic and foreign. All businesses, including handmade toy and apparel makers, crafters, those making charitable donations, and other small business must take appropriate steps to be sure that their products conform to all aspects of the law and safety standards, including the new lead content and phthalates limits (more on phthalates) and mandatory toy standards

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The next thread says,(Glenn, I dont mean to violate any rules by copy and pasting, if i have please erase this and the previous post sorry and thank you), What is a children's product?
A children’s product is one designed or intended primarily for children 12 years of age or younger. Toys, clothes, furniture, books, jewelry, blankets, games, CDs/DVDs, strollers, and footwear may all be considered children’s products.

In determining whether a consumer product is “intended primarily” 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 (pdf) issued by Commission staff.
If a product is intended for adults or for general use by consumers of all ages, then it is not intended primarily for children. Products marketed and priced in a manner that would not make them appropriate for use by a child would also not be intended primarily for children. An example would be an expensive telescope -- because it is sold for general use by all ages, it is not a children’s product even though it can be used by a child on occasion.

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