What is the Consumer Products Safety Improvement Act?
In an effort to close loopholes and strengthen safety standards on mass-produced toys, clothes, and accessories made in China (and to ban toxins including phthalates and lead), Congress has passed the Consumer Products Safety Improvement Act.This new law will have an adverse economic impact on crafters and artisans even if they only make homemade products and crafts to donate to charities.
Effective February 10, 2009, "Anyone who makes, produces or assembles a product is considered to be a manufacturer" and must adhere to strict federal regulations for third-party product safety testing.
- Handmade Crafts - Sold or Donated Are Now Tightly Regulated by Federal Law
- Are Home-Based Crafters Required to Test Products?
- Can I Use a Home-Based or Commercial Lead Testing Kit to Test my Products?
Resellers and Thrift Stores May Be Exempt from Product Testing
If you resell children's products (including toys, furniture, clothing, and care items) on eBay or through a thrift store you may be exempt if you do not "knowingly" sell a contaminated item.The Consumer Products Safety Improvement Act (CPSIA) attempts to control problems at the manufacturer level (more tightly regulating those who make or import products) than targeting those who resell them.
The Consumer Product Safety Commission offers the following guidelines to resellers of children’s products in the chart below.
Source: Table C: Commonly Resold Children’s Products and Materials. Guide to the Consumer Product Safety Improvement Act (CPSIA)for Small Businesses, Resellers, Crafters and Charities. February 10, 2009. (.pdf)
| Commonly Resold Children’s Products & Materials | |
| Recalled Products | Illegal to sell ANY recalled product (adults and children). Check CPSC Website for recalled products. |
| Kid's Books | OK if printed after 1985. |
| Children’s Metal Jewelry | Best to test, contact manufacturer, or not sell. |
| Unpainted/Untreated Wood Toys | OK to sell. |
| Painted Wood/Metal Toys | Best to test, contact manufacturer, or not sell. |
| Toys w/soft plastic for infants. | Should be OK to sell if made after 02/10/09: older (or manufacture date is unknown) check with manufacturer or do not sell. |
| Dyed/undyed children’s clothing made from approved, exempt natural materials. | OK to sell. |
| Clothes with rhinestones, metal or vinyl snaps, zippers, closures or appliqués. | Best to test, contact manufacturer, or not sell. |
| Surgical steel; precious metals, gold (at least 10k); sterling silver (at least 925/1000); precious/ semiprecious gemstones (excluding stones associated in nature with lead); natural or cultured pearls. | OK to sell. |
| Toys easily breakable into small parts (i.e., dolls and stuffed toys with eyes, noses, etc. not securely fastened). | Best not to sell (for children under 3); could present a choking hazard. |
