# Selling Children Products...Be Careful



## charles95405 (Feb 1, 2007)

As most of us know, there are some rather strict requirements for selling products intended for children. Here is a link to a news items where an attorney discusses some new actions that the government may be taking to insure compliance with CPSC requirements....
This is one reason that I stopped selling ANYTHING intended for the 12 years and younger group

Attorney Warns Children's Product Distributors: Focus on CPSC Compliance : Promo Marketing


----------



## Louie2010 (Feb 26, 2010)

We stopped selling anything for children as well.


----------



## Artie1 (Aug 23, 2012)

Thanks for the article. You had me worried for a second. I was expecting some kind of harsh or expensive new procedure we had to undergo to sell children's products. Unless I'm missing something...


----------



## charles95405 (Feb 1, 2007)

you do have several things you must to to be in compliance with CPSC requirements...I suggest you read the requirements...they are cumbersome and expensive to comply...and be at risk of some rather hefty monetary fines and/or lawsuits

I personally choose not to be at risk...but to each his own


----------



## Artie1 (Aug 23, 2012)

Well, it's great if that works for you but because of the type of work that I do, I feel that I can't drop children's apparel. I tried reading more about CPSC requirements but I really couldn't find anything that would be an obstacle. Unless I'm missing something... Would you happen to know more about their specific requirements? There can't be that much about selling a simple T-shirt.


----------



## sben763 (May 17, 2009)

If your not doing large runs and since most the manufactures test I thought it was just keeping record of the ink lot # and production records. I do small runs for schools and record ink lots on invoice in customer notes but doesn't print on invoice. This is what I was emailed for what I do was to keep these records. I threw out(took to a solid waste disposal site) all the ink that didn't comply. Is there something I'm missing?


----------



## charles95405 (Feb 1, 2007)

I will leave to each and their legal representatives as to whether they comply...No way I can know..


----------



## Print and Pray (Aug 6, 2008)

We are with Charles on this one. Not worth the risk. We've attended some of the seminars at ISS and NBM on the ramifications of the CPSC. One important thing that was emphasized was that if you print onto anything that a child could put in their mouth, you become the manufacturer and have to adhere to the laws. It doesn't matter what the apparel or ink manufacturer did.


----------



## Preston (Mar 21, 2006)

A few years back I actually called the CPSC and talked to them about the CPSIA.

According to them it is the responsibility of the importer (if importing) or the manufacture of the final product (if located in the US) to preform testing using a independent lab. You must also mark each run with a unique identifier in case of a recall.

So it boils down to this. Collect all the COC's from your suppliers just in case you need them but this may not get you out of testing if you are the one that sells to the end user. If you are a contract printer and are not the one who sells the product to the end user/retailer you are not required to have the testing done but your customer is and the unique identifier must trace back to them.

Unless they have changed something none of this applies to sports apparel. 

Testing will cost you around 4 grand and will take several months. If you are going to print kids items then you need to clean your shop, squeegees and all, even the inside of your dryer. Throw all non CPSIA compliant inks away. Print some shirts, get them tested and then if you change one thing in your shop after that like getting a new ink you should have test run again.

Now this is what I was told by the CPSC a few years back and we all know things change and what one government official says will be totally different from what another one says.

Since then At the end of 2011, the U.S. Consumer Product Safety Commission (CPSC) voted to lift the long-standing “stay of enforcement” for the third-party testing and certification requirements for toys and other children’s products subject to the lead content phthalates and ASTM F-963 mandatory toy safety standard imposed by the Consumer Product Safety Improvement Act of 2008 (CPSIA).

As a result, toys and most other “children’s products” (primarily intended for use by children 12 years of age and younger) manufactured on or after January 1, 2012, must be certified as meeting these and any other applicable CPSC safety standards (e.g., lead paint and small parts) as specifically required in accordance with CPSC Testing and Certification Rule. These certificates must be issued based on passing test results from a CSPC-recognized third-party testing lab. *In addition, in December 2011, the CPSC formally recognized the allowance of testing of component parts and materials in lieu of final product testing, if strict recordkeeping and other requirements are met. * These new developments, among other new and pending CPSC regulations affecting toys and other children’s products sold in the U.S., mean that makers and importers of such products need to reassess their CPSC compliance efforts and programs. Failure to comply with these new requirements could mean the delay or seizure of products at U.S. ports-of-entry, and could even lead to fines being levied by the CPSC.

The main thing is even if you use the "Testing of Components" way out in lieu of final testing yourself you need to make sure you keep very good records on everything you used. You still need to put an identifier for recall tracking on the shirts.

The big question is even if you comply your rear off, can you afford a law suit and government inspections if some mom claims your shirt made her kid sick?

Bottom line is the CPSIA was a knee jerk law put into place by Congress in response to the lead and Phthalates in children's toys coming in from China. The sad part is that the overseas manufactures still are not required to test anything. The importer is responsible to make sure they comply.


----------



## Artie1 (Aug 23, 2012)

I don't do the manufacturing _or_ the printing; I just sell the shirts. They don't have lead or small parts that could be dangerous. Is the only thing I would need a unique marker for every shirt?


----------



## Preston (Mar 21, 2006)

Artie1 said:


> I don't do the manufacturing _or_ the printing; I just sell the shirts. They don't have lead or small parts that could be dangerous. Is the only thing I would need a unique marker for every shirt?


If you have a contract decorator do the shirts per your instructions for you to sell to the end customer then according to the CPSC (unless they have changed this) you are the manufacture. I specifically asked this question when I called them.

If you are having them embroidered, rhinestoned or DTG printed you should ask the contract decorator for all COC's (Certificated of Compliance) on the products they used decorating the garments.

If you are having them screen printed then you not only should ask for the COC's on all the ink but also make sure the screen printer is not cross contaminating with ink in their shop that does not meet the new standards.

Product tracking identification can be any method of identifying that run of decorated garments. The CPSC does not specify a specific method or type of marking for the shirts. For example if you had some shirts printed for the Rockford Elementary Christmas Play 2013 then you can use the design as the identifier. On the other hand if you are having shirts made to sell in your online store and you reorder the same design as stock gets low then you would need a separate identifier on each production run. Lets say the printer contacts you and says the ink manufacture issued a recall on some ink he used printing the Rockford Elementary shirts. You would then be required to contact the CPSC and issue a recall notice on the 2013 Rockford Elementary Christmas Play shirts. They would then post that recall notice on their site.

The biggest thing in dealing with any government regulations is to document everything. This way if they do come down on you, you can show them that you are doing your best to comply based on the knowledge you have. If you have good documentation they are less likely to nail you to the wall and will usually give you a chance to come up to snuff with what they tell you you need to do. A must is that every thing used to create the shirts must be documented. The printer must document which batch run the ink he used was from. The same with any other decorating method. If this is not done then there is no way you can use the "testing of component parts and materials in lieu of final product testing".

The simplest and safest solution for us decorators is to just let the kids run around naked and that is what I told the CPSC. They laughed.


----------



## sben763 (May 17, 2009)

I was going to mention that let them run around naked. There are diffrent regulations from the initial rules that were set. If your only doing small runs the regulations are diffrent then large runs. I am not giving advice on how to do but I was told by a consulting firm after sending my production run counts and total yearly production what to do. They even produced forms for record keeping to keep me in compliance. I paid for their service and it was woth the few hundred it cost as a lot of my business is done for elementary and middle schools.


----------



## Louie2010 (Feb 26, 2010)

> I was told by a consulting firm after sending my production run counts and total yearly production what to do. They even produced forms for record keeping to keep me in compliance. I paid for their service and it was woth the few hundred it cost


For myself I have already decided to not pursue any work for children. However unless for some reason you aren't comfortable doing so, I would think that posting the name or link to this company could really be a benefit for others.


----------



## cowboylife (Feb 4, 2012)

Ok I just found this post.... someone tell me if I am missing something. I read the CPSC site for children clothing restrictions and warnings and this is what I found:
drawstring clothing, flammability of clothing, Tris-treated clothing, or small particles on clothing for chocking hazard. What else could be a hazard or stop someone from selling children shirts?
Does someone know where to find the form for compliance that is mentioned in this post?


----------



## charles95405 (Feb 1, 2007)

The original article from sacramento paper is no longer on line. But do a Google for"cpsa compliance relation for children's clothing"


----------



## jennGO (Mar 11, 2014)

How would this effect those of us who are not screenprinters but do vinyl/heat press? Looking at the government website I see a category of regulated products for "wearing apparel" but this just refers to the flammability of clothes. 

Is there a related category for vinyl? The vinyl category then have seems to refer to an industrial vinyl chemical.


----------



## charles95405 (Feb 1, 2007)

just call the gov office...you will be surprised at the answer you get


----------



## jimcr (Feb 3, 2009)

Biggest items , you have to register you company , even if you are exempt because you produce less than 500,000 if I remember correctly, and you still have to track your goods and labeling correctly . There are also documents put out buy the manufacture on the testing you have to have on file , if it has not been tested you are responsible to to have it done , we were told at a class to be very careful and get the info and protect your self's because they are playing hardball and not being nice . large fines and all kinds of problems .
If you go to Ryonets site look up CPSC . We don't target childrens stuff right now but if we do we will follow the law because I worked very hard and want to keep what I have worked for .


----------



## ipsd (Apr 21, 2009)

If you don't want to be fined $5,000 a article - which is what the fine is, as a small batch manufacturer (under 750,000) articles, and you do any type of decoration on kids apparel you have to not only document everything, but you are supposed to print a label somewhere on each piece. I don't want to risk anything so we have complied. We registered and now print a label inside everything for kids. Sucks, pain in the butt and you cant exactly charge your customer for it, but who wants to risk it. Here is a sample of what we print..has our name, manufacturer #, phone # and a unique batch number. As one person I talked to about this said you can look at it as a major pain the a**, or you can look at it as a bit of advertising since now your name and info is in the shirt.


----------



## metalbone (Sep 7, 2013)

I may be new and likely reading the site incorrectly but according to the following PDF from there site I don't see any issue or reason to get all flustered for those of using normal printing inks and items as long as they comply with the requirements. 

Question 8: Are there exemptions/exclusions to meeting the lead content limits?
CPSC is currently working to determine exemptions to the lead content limits and the requirement to test. In the interim, until the Commission issues final rules in these areas, certain materials can be used in making products or be sold as children’s products without risk of sanction or penalties by the Commission provided the manufacturer, distributor or seller does not have actual knowledge that the products have more than the acceptable lead limit. The Commission generally will not prosecute someone for making, selling or distributing items in these categories (see Table B) even if it turns out that such an item actually contains more than 600 ppm lead.
Sellers will not be immune from prosecution if CPSC’s Office of Compliance finds that someone had actual knowledge that one of these children’s products contained more than 600 ppm lead or continued to make, import, distribute or sell such a product after being put on notice. Agency staff will seek recalls of violative children’s products or other corrective actions, where appropriate

Table B - "Dyed or undyed textiles (cotton, wool, hemp, nylon, yarn, etc.), including children's fabric products, such as baby blankets, and non-metallic thread and trim. This does not include products that have rhinestones or other ornaments that may contain lead or that have fasteners with possible lead content (such as buttons, metal snaps, zippers or grommets)."

[media]http://www.cpsc.gov//PageFiles/111167/cpsiasbguide.pdf[/media]

Granted registering, keeping documentation of lot numbers for pretreat and inks are understandably still required but from what I am seeing this should not be difficult. Sounds simple enough.

I am no lawyer and do not offer this as legal advice. 


Sent from my iPad using TShirtForums app


----------



## jennGO (Mar 11, 2014)

Thanks everyone. I will call the office sometime next week and report back what I hear. 

Doing batch numbers is unfortunately an added expense. Is it possibly to have the batch number refer to the transfer material used so that many can be printed and save money in bulk? Or does the batch number you use generally represent the actual unique product?


----------



## Campeon707 (Sep 16, 2011)

Lawyers and Government. They work hand in hand to put small business owners out of business.


----------



## ipsd (Apr 21, 2009)

jennGO said:


> Thanks everyone. I will call the office sometime next week and report back what I hear.
> 
> Doing batch numbers is unfortunately an added expense. Is it possibly to have the batch number refer to the transfer material used so that many can be printed and save money in bulk? Or does the batch number you use generally represent the actual unique product?


I just use what i want
For example my batch# on the image is just the date printed and school initials..so if there is any recall on the ink I used I can refer to that batch number in a file I have and pull all the info I have on that job
The long story short is this is what you are supposed to do. If you don't register and the gov finds you, you get fined...if on the off chance someone checks a garnet you printed and there are no label, you get fined. I have been told by one of my suppliers that a couple if their customers already got caught...one is now out of business cause they couldn't pay the fine. Anything you decorate for 12 and under-even if you just heat press a # made from A place like stahls---you are considered the "last" manufacturer of that product.
I didn't believe it at first but as you read more it is now the law...i like to thank our "wonderful" Gov got this!


----------



## Campeon707 (Sep 16, 2011)

Quick question how to do print your batch info on each garment. Do you screen this on each time. If you do do you simply burn the info on a bottom corner of the screen and print to the shirt, use a separate screen or apply some other way? Also has anyone tried to place this information on a hang tag of the garment or does it have to be printed directly to the garment.


----------



## ipsd (Apr 21, 2009)

I just burn it at the top of each screen and then print it on the inside right above the seam. One swipe so its not too dark and as far ad I have been told it has to be printed. Some people use the brother p touch. Thermal printer and then heat press it on. I had some soccer jerseys that had all the holes so no way to print on ..just used my roland eco printer and printed on thermal paper and pressed inside..had to be careful where I put them as these jerseys were reversible...again hate it but not going to chance it I have worked way too hard on my business for it to all be gone cause I didn't follow the rules. Some don't care and wont do it, thats up to them.


----------

