IMPORTANT INFORMATION
I need to give you this information, but I have to be clear that I am providing you this information as a teacher. This is information I have gathered teaching our website classes. I am not an attorney nor am I giving you legal advise. I am merely stating the facts as I understand them. I believe everyone on CDS needs to have a disclaimer on their website.
The reason for the disclaimer is The Consumer Product Safety Improvement Act (CPSIA) has stringent requirements for people who manufacture doll clothing or clothing for children 12 and under, and for babies 0-3 years old. They have outlined their requirements, and since 2011 they have specifically outlined testing that is required for people whose products fall into these categories. You must have the proper testing done and show certificates of proof that you have had this testing done.
Notice their mandates specifically apply to people whose intent is to make doll clothing or clothing for children 12 and under and for babies 0-3 years old. CPSIA mandates do not apply for people whose intent is to manufacture doll clothing for the collectible market, and specifically for teens and adult collectors. That is why you need to have some kind of disclaimer like the one I am suggesting on your website - to specifically show your intent. Here's the disclaimer I use. I have it on my Shop Policies page.
Disclaimer:
Products sold on this site DO NOT and ARE NOT REQUIRED to meet safety standards of the CPSIA for children 12 years and under because they are not intended as children's play toys. Rather, they are intended to be sold exclusively to teens (over 12 years old) and adults as collectibles.
FYI: Here's some random information on the subject in case you want more information about this subject:
The Consumer Product Safety Improvement Act (CPSIA) has changed the way we do business. As of January 1, 2012, garment decorators are required to issue a General Certificate of Conformity (GCC), based on third party testing from a Consumer Product Safety Commission-recognized laboratory. Failure to comply may result in significant penalties and fines. Required testing:
Doll clothing: Soft, plasticized buttons, toggles, inks, paints, vinyl (raincoats), etc. all must comply (and be third party tested*) with the ban on certain phthalates.
From a Q&A on a CPSIA website:
My products have no small parts or sharp edges, so would flammability be the only possible concern?
A8: Baby clothing, even for children up to six months of age, does require compliance to 16 CFR 1610, Standard for the Flammability of Clothing Textiles. While children's sleepwear items for children less than 9 months of age are exempt from testing according to 16 CFR 1615, they do still require compliance to the 16 CFR 1610 standard. Certain fiber contents and certain fabric weights are exempt from the 1610 flame test, but these items are still covered under the
scope of 16 CFR 1610, which is part of the Flammable Fabrics Act. So whether or not actual flame testing is required, a Certificate of Conformity will still be required in the future. Note that fabric is exempt from the lead testing requirements.
And one of the mandates that applies directly to manufacturers of doll clothing for children's dolls:
http://www.cpsc.gov//PageFiles/113741/dollclothing04052012.pdf
The reason for the disclaimer is The Consumer Product Safety Improvement Act (CPSIA) has stringent requirements for people who manufacture doll clothing or clothing for children 12 and under, and for babies 0-3 years old. They have outlined their requirements, and since 2011 they have specifically outlined testing that is required for people whose products fall into these categories. You must have the proper testing done and show certificates of proof that you have had this testing done.
Notice their mandates specifically apply to people whose intent is to make doll clothing or clothing for children 12 and under and for babies 0-3 years old. CPSIA mandates do not apply for people whose intent is to manufacture doll clothing for the collectible market, and specifically for teens and adult collectors. That is why you need to have some kind of disclaimer like the one I am suggesting on your website - to specifically show your intent. Here's the disclaimer I use. I have it on my Shop Policies page.
Disclaimer:
Products sold on this site DO NOT and ARE NOT REQUIRED to meet safety standards of the CPSIA for children 12 years and under because they are not intended as children's play toys. Rather, they are intended to be sold exclusively to teens (over 12 years old) and adults as collectibles.
FYI: Here's some random information on the subject in case you want more information about this subject:
The Consumer Product Safety Improvement Act (CPSIA) has changed the way we do business. As of January 1, 2012, garment decorators are required to issue a General Certificate of Conformity (GCC), based on third party testing from a Consumer Product Safety Commission-recognized laboratory. Failure to comply may result in significant penalties and fines. Required testing:
Doll clothing: Soft, plasticized buttons, toggles, inks, paints, vinyl (raincoats), etc. all must comply (and be third party tested*) with the ban on certain phthalates.
From a Q&A on a CPSIA website:
My products have no small parts or sharp edges, so would flammability be the only possible concern?
A8: Baby clothing, even for children up to six months of age, does require compliance to 16 CFR 1610, Standard for the Flammability of Clothing Textiles. While children's sleepwear items for children less than 9 months of age are exempt from testing according to 16 CFR 1615, they do still require compliance to the 16 CFR 1610 standard. Certain fiber contents and certain fabric weights are exempt from the 1610 flame test, but these items are still covered under the
scope of 16 CFR 1610, which is part of the Flammable Fabrics Act. So whether or not actual flame testing is required, a Certificate of Conformity will still be required in the future. Note that fabric is exempt from the lead testing requirements.
And one of the mandates that applies directly to manufacturers of doll clothing for children's dolls:
http://www.cpsc.gov//PageFiles/113741/dollclothing04052012.pdf