As much as this is playing out like a bad soap opera there is still more research to be done. Deadlines are approaching quickly and businesses are trying their best to sell and become compliant.

First, thank you for leaving your comments! We read and respond as much as we can.

This is the latest in the rumor mill as we know it.

• XRF has an attachment that will test for phthlates. I’m told that there are levels of chlorine that can be detected but further testing would still need to be done. I know that many people are contacting their sales reps to find out if indeed there is an attachment that will detect the chemicals.
• XRF will be approved for use after August 2009. I have yet to see anything released from cpsia regarding the use. It doesn’t mean that it will not happen it just means that no information has been released.

Why is the XRF such a big deal? It’s a big deal because it’s a cheaper method than digestive testing. Some folks are already seizing the opportunity and turning this into a business. Before you go out to rent/lease or buy this instrument (as a business) don’t forget that you have to also become ISO certified to become accredited. After all, once August hits everyone will be looking for the accredited labs not just folks that have access to the instrument. It’s that 3rd party mandatory testing issue that will hit hard.

A quick recap for you -

• February: Make sure your prior to February products are below the 600ppm for lead so you can sell them. How? Looks like a testing method will have to be used no matter what.
• February: Any new product created after February will have to have a General Compliance Certification. Testing can be digestive or scanned but not necessarily by an accredited 3rd party testing lab.
• August make sure your product is ready to meet the labeling requirements and your product will now have to be tested by a 3rd party accredited testing lab.

As for Phthlates, we will remove our gowns and bibs from our product line in order to remove the need for testing. That is the only cost effective way to comply.

I would like to mention the Class Action Law Suit spearheaded by Rachele Dressler-Sweetser owner of www.monkeybabyclothes.com represented by www.kushnerlawfirm.com. I feel that this clear evidence of how much of an impact these new regulations are having on small business. Is this the answer for change? Will this lawsuit help keeps our doors open? How long would this be tied up in the court system? I don’t have any answers.

What will happen if the XRF is allowed to be used by accredited labs after August and what kind of numbers are we talking about? Let’s look at the break down. First I spoke with

Laboratory Representative: Jim Cronin
Title: Product Ecology Manager
Email: jcronin@emt.com
Phone: 800-246-0663
Fax: 847-967-6735
Laboratory Web Site: www.emt.com

I have stayed in contact with the gentlemen from the labs I have previously obtained rates from because there are readily available. They are great guys and always willing to work with us and trade information. If you look below in previous posts in the comment section you will find rates from foreign companies. We are a U.S. manufacturer and will not be sending our products to foreign labs.

Mr. Cronin does offer the XRF testing option and quoted me $40 per scan.

If we break down this same item for example

Scan 1 - snaps since the hardware is all the same they can be grouped together $40.00
Scan 4 - color print (white, pink, purple, turquoise) $40 * 4 = $160.00
Scan 1 - color print (white) garment label $40
Scan 2 - color print (white and turquoise) $40 * 2 = $80.00
Test the fabric $40

Total Scan Testing Cost: $360.00 vs. Total Digestive Testing Cost: $675.00

I could break this down even further if all the same inks were used. For example if the same white ink is used for the garment label, the print on the front and the print on the back that decreases the cost. The problem? I have no idea if the ink is the same because our printing is not conducted “in house.”

If your printer uses the same ink for each run then you shouldn’t have a high testing cost if you rerun the same design on a garment. However, if your printer changes the brand of ink, then back to the testing lab it goes. These are just minor things to consider.

I also spoke with

Laboratory Representative: Phil Rogers
Title: Chemistry Manager
Email: progers@atslab.com
Phone: 678-444-2830
Fax: 770-424-6415
Laboratory Web Site: www.atslab.com

He does not have a quote for me yet. He gave me a ball park figure but I rather not release that until he has had ample time to speak with his team. I will release that information when I know more.

Lastly I would like to mention that formaldehyde testing is being conducted in labs already. Make sure that your asking about the use of formaldehyde in your apparel as well. It will only be a matter of time before cpsia adds that to the list. Here is a current story about Victoria’s Secret and the class action lawsuit being filed due to formaldehyde.

Another tip (special thanks to Mr. Cronin) make sure when your issuing your P.O.’s that you note on your form to your supplier:
Make sure to use materials that are CPSC compliant. If any change occurs in your process please notify us.

This ends our research thus far. We will continue to update our readers as we continue to find out more information.

Thank you for reading,

Pamela Kramer

This entry was posted on Friday, January 16th, 2009 at 3:07 pm and is filed under Happy Panda. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.