Yesterday the CPSC released a new document detailing more specific exemptions from CPSIA. Although there isn’t a definitive answer yet on component testing, many of us living and breathing CPSIA are holding our breath that this is a good sign. The list of exemptions covers MOST of our products in our store which makes us very happy because quite franky, we were preparing to lose up to 90% of our smaller vendors who make baby gifts for our store. Although most of our vendors were already making SAFE products, the outrageous costs for compliance with CPSIA has forced some to already close and many have just been waiting to make their announcement. Now with this new document detailing exempted materials, many of our apparel vendors are in full compliance. Yes there are still some that are effected and will have to determine how to proceed, but as of now, this is the first sign of light at the end of our tunnel.

According to the document in regards to textiles ” The staff believes that textiles and textile-based products do not contain lead at levels that exceed the CPSIA section 101 limits for lead content. and therefore, should be included in a Commission determination. However, while such products may not be subject to required testing and certification, all children’s products subject to a Commission determination must comply with the lead limit of section 101 (a) of the CPSIA. Further, manufacturers and importers continue to be responsible for verifying that a material or product has not been altered or modified, or experienced any change in the processing, facility or supplier conditions that could impart lead into the material or product to ensure that it meets the statutory lead levels at all times. The staff believes that certifications from GOTS or Oeko-Tex® could serve to provide such verifications, given that these standards also have testing and compliance requirements.”

Here is a brief exerpt for hope on component testing: In acknowledging this, industry members agreed that testing such parts is necessary, and urged the Commission to consider component level testing or supplier certification acceptable for demonstrating compliance with statutory lead content requirements.
Based on the available data, the staff believes that metal and plastic materials and products sometimes contain significant lead content, such that the lead levels may exceed the maximum levels set by the CPSIA. Therefore, it would not be appropriate for the Commission to determine that such products do not exceed the lead limits, and, since it is not possible to know the lead content of such items without testing, it would be imprudent to eliminate the testing requirement for materials that could contain lead. The Commission will address certification requirements for component part testing and the establishment of protocols and standards for ensuring that children’s products are tested for compliance with applicable children’s products safety rules, as well as products that fall within an exemption, in an upcoming rulemaking.”
So while we are stepping in the right direction for small businesses dealing with this law, don’t give up yet. One hurdle doesn’t finish the race. We still have more to go before CPSC fully addresses risk based assessment, component testing, and all of the small businesses still affected by the compliance costs for this law.

But a ray of sunshine today is a good thing.