U.S. Consumer Product Safety Commission Certificates of Compliance Requirement
About CPSC Compliance Certificates
In August 2008, the Consumer Product Safety Improvement Act of 2008 (CPSIA) (Consumer Product Safety Commission – CPSC) became law. The law sets limits on lead paint, lead content and phthalate content that may be found in Children’s Products.
The law only requires that manufacturers and importers issue certificates of compliance stating that those Children’s Products subject to the law comply with the applicable legal limits. Linx Corporation may test its products for lead and phthalate content, the compliance certificates may indicate that those products also meet the lead and phthalate content limits set by the CPSIA.
General Certificates of Conformity must accompany any shipment of product made for children under the age of 12. The CPSC has ruled that an electronic certificate, which can be reasonably accessed by distributors and retailers, satisfies the CPSIA’s requirements.
“Children’s Product” is defined in the CPSIA as a consumer product designed or intended primarily for children 12 years of age or younger. Accordingly, many of Linx Corporations products are not subject to the law. Linx Corporation has voluntarily elected to issue compliance certificates for many such products, there are some products not designed or intended for children under 12 for which compliance certificates will not be issued.
Certificates of Compliance
From the CPSC Website (as of March 13,2009):
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, or distributing items in these categories even if it turns out that such an item actually contains more than 600 ppm lead. (read more here)
Yarn, dyed or undyed
Dyed or undyed textiles (cotton, wool, hemp, nylon, 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). (here)
Gold, of at least 10 karats
Silver, at least 925/1000 pure
Platinum, palladium, rhodium, osmium, iridium, and ruthenium
Therefore, our woven products (made out of dyed yarn) and a lot of the products our customers fabricate are currently EXEMPTED from the CPSIA testing.
This exemption is based in the facts explained by the National Textile Association Industry in their letter to the CPSC
…that the finding of no lead or insignificant, trace amounts of lead for natural fibers also applies to textiles that are created using the natural materials ….