Promoting the Cloth Diaper Industry

Consumer Product Safety Improvement Act (CPSIA)

CPSIA and You

Manufacturer/Small Manufacturer: CPSIA is crucial to your business and its future. You MUST comply even if you don't understand or agree with the law. It is the law and, as an industry association, we want to see all cloth diaper manufacturers and artisans in compliance. We can help!
CPSC defines 'manufacturer' as: "Anyone who makes, products or assembles a product. If what you make is sold or donated, something as simple as adding ribbons to hair clips, knitting hats, or stringing beads into necklaces makes you a manufacturer. Under the law, importers are also considered to be manufacturers and must meet the same requirements."

Retailer: CPSIA has laws to which you must adhere as well. It becomes your job to know what you are selling and to be confident of its compliance with CPSIA.

Diaper Service: CPSIA's far reaching impact extends even to you, especially if you also sell diapers or covers to your service customers. Regardless of selling, you are putting children's items in the hands of customers, so you, too, must be aware of CPSIA requirements as they pertain to the cloth diaper industry.

October 21, 2009 - CPSC on Lead Testing

CPSC issued "Statement of Policy: Testing and Certification of Lead Content in Children's Products" October 2009.

The Consumer Product Safety Commission issued today a policy statement clarifying its current position on testing and certification of lead content in children's products. The Commission stated that it will NOT currently require separate tests of the parts of a children's product that are made entirely of materials already determined to be naturally below the 300 ppm lead content limit.

The CPSC also announced that it intends to hold a hearing and issue a formal rule on component parts testing (testing rule) in the near future. In the interim, however, the Commission will apply its clarified statement on the need for the testing of separate parts.

Lead Testing Policy: http://www.cpsc.gov/about/cpsia/leadpolicy.pdf

July 21, 2009 - CPSC on Tracking Labels

CPSC issued policy and guidelines on Section 103, tracking labels.  The policy does show a willingness to exempt manufacturers of very small items from permanent labels, but the recordkeeping requirement remains.  For cloth diapers, this does not change much. If you are keeping records following the scalable tracking label system detailed in the RDIA webinars, attaching a label to your product is just a minor step and it will make any recall must easier.

It is quite encouraging to see multiple references to small manufacturers and crafters. Though the recordkeeping requirement for them will be the same as for all manufacturers, this may indicate that CPSC hears that not all manufacturers are the same.  Perhaps we will hear about Section 101 (Lead) soon.

Tracking Label Policy: http://www.cpsc.gov/library/foia/ballot/ballot09/tracklabelpolicy.pdf
Tracking Label Guidelines: http://www.cpsc.gov/about/cpsia/sect103policy.pdf

Testing

In relation to the cloth diaper industry, total lead content and phthalate testing are the relevant portions of CPSIA.

  • CPSC guidelines on Lead Testing and Certification.

  • While manufacturers must still/presently ensure that their products meet the requirements of the law for lead and phthalates, third-party testing and certificates will be required beginning February 10, 2010.

  • Until further notice, dyed and undyed textiles (cotton, wool, hemp, nylon, etc) are exempt from lead testing requirements. This extends to children's products made from the above materials, provided they do NOT contain fasteners or ornamentations which may contain lead (such as rhinestones, snaps, zippers, grommets, etc).  If your products have fasteners, you still need to test.

  • RDIA has been active in lobbying for awareness and education on CPSC legislation, including CPSIA. It remains crucial that the industry as a whole is up to date on legislation which pertains to our products and the safety of children.

  • Go to this member-only page for more information.

  • Join us in the member forums to discuss.  The section on CPSIA is open to all, including non-members.

Tracking Labels

Section 103 of the CPSIA becomes active August 14, 2009, and states:

"... the manufacturer of a children’s product shall place permanent, distinguishing marks on the product and its packaging, to the extent practicable, that will enable -

(A) the manufacturer to ascertain the location and date of production of the product, cohort information (including the batch, run number, or other identifying characteristic), and any other information determined by the manufacturer to facilitate ascertaining the specific source of the product by reference to those marks; and

(B) the ultimate purchaser to ascertain the manufacturer or private labeller, location and date of production of the product, and cohort information (including the batch, run number, or other identifying characteristic)."

While this requirement of the law seems daunting, it can be done in a way which is scalable and completely manageable.

RDIA presented a series of webinars on tracking labels, which define and detail a system for implementing tracking labels by the August 14 deadline. Materials from series are open to all manufacturer and small manufacturer members. RDIA members login now for more information.

Resources

The best source for information about CPSIA is the Consumer Product Safety Commission (CPSC) website.

RDIA members have submitted links for a few places to find reliable information on CPSIA updates and activism.

DISCLAIMER

This information is intended to be a service to RDIA members regarding the impact the new CPSIA legislation will have on our industry. Our Legal Committee has been working hard on this issue since late 2008.  Please remember that this information should never be interpreted as a substitute for legal advice obtained through your own attorney.
 
 
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