Here is a very informative note by someone that has done extensive research on this. She gave me permission to post this here.
She said to be sure to give you gals the link to the fashion incubator site. They have opened their message boards to the public for this. Fashion-Incubator User Forum :: View Forum - CPSIA & Consumer Safety
Here is the information Lisa so kindly found. THIS LEGISLATION IS NOT TO BE TAKEN LIGHTLY.
Ducking your head in the sand and saying it doesn't apply to you doesn't release you from liability. There are hefty fines if you get caught.
I am very concerned about the new CPSIA regulations and each one of you who sells children's clothing or products should be, too. Let me explain.
There are two separate testing certification issues:
If you are a clothing designer (whether you sell one-of-a-kind or 100,000 of each), YOU ARE NOW REQUIRED BY LAW to test for LEAD
. The phthalates testing is for items such as rubber bibs, toys, infant feeding items, etc.
Selling products without lead testing BY YOU after February 10th will become ILLEGAL. Plain and simple. And YOU will be required to do the testing by hiring a CERTIFIED LAB.
Testing is expensive. Very expensive. Now, I am a small boys' clothing manufacturer who sells to specialty children's clothing boutiques nationwide. I produce a line of cotton snap-down shirts, twill pants, twill hats and cotton knit t-shirts. My entire line is 100% cotton and is most likely lead-free. The cost to test my line is $11,000 per season. I have TWO seasons a year: Fall/Winter and Spring/Summer = $22,000 additional expense a year!!! Testing for a pair of pants in my line is approximately $560 per style. The current retail price of my pants is $64. If I add the cost of certified testing for lead, my pants will have to retail at about $90 each!
It doesn't matter if your fabric and inputs (zippers, thread, buttons, snaps, etc.) are tested by the company that sells them to you. YOU ARE RESPONSIBLE to test them YOURSELF and provide testing certificates to those who purchase your items (whether they be a wholesale or retail customer). And all inventory not tested after February 10th will be BANNED.
Now you're thinking they won't be able to catch you. WRONG. First, Etsy has already taken a stand on it and will not be allowing sales of such uncertified items. It is against their TOS (terms of sale) to sell ILLEGAL items. Their bylaws specifically state that you cannot sell items that are banned by the CPSC. And as of February 10th that means your uncertified children's clothing.
eBay will soon follow Etsy as their TOS are similar. Remember, eBay doesn't want to be liable for facilitating the sale of illegal goods.
You are foolish to think this whole lead issue doesn't apply to you. If you made clothing in your home with your little sewing machine, YOU ARE A MANUFACTURER.
also if you make bows and jewelry you are also a manufacturer.
I'm sure Lisa will stay on top of this but you can get all the info you need from the fashion incubator site as well.
Just to add salt to the wound you won't be able to resell clothing that has not been tested and certified either. Nor can you give it away to Goodwill etc. Consignment stores will be a thing of the past.