This new law that takes effect Feb 10. (HR4040) is onerous and will require manufacturers to certify that any product they make that can possibly come in contact with those aged 12 and under be free of lead and phthalates.
This means all of us working in the craft and fair industry as a micro-business must follow the requirements. Reading the bill Bush signed into law last August indicates it will force someone like myself to spend an estimated $4000 per item to declare it lead and phthalate free.
I make tye dye shirts, not only do the shirts have to be tested, but the dyes as well. If I use 25 different dyes, thats what, $100K. If I re-order the dyes, one again the testing needs to be done. Same with the cotton shirts.
Relying on the word of the shirt maker or dye supplier will not do. Penalties of five years in jail and up to $15M in fines plus asset forfeiture.
The Mom and pop manufacturing business is now finished.
Retailers are affected too. the selling of non-certified inventory will also be illegal.
From what I am reading on crafter forums, widespread panic has set in, and for good reason. Grandpa can no longer make those wooden trains for sale at the local street fair. Grandma can no longer sew those cute little baby bibs because she has to certify that the material she purchase at the fabric store meets the requirements. At $4000 per piece of cloth—she is now out of business.
Bring manufacturing back to the US? Now congress says we can’t even manufacture anything that might come into contact with children 12 years old or under... Unreal...
Put stickers/patches on EVERYTHING
"Not intended, or available for sale, for children under 13 years of age."
A CYA maneuver... kind of like the "choking hazard" warnings on toys that even an elphant couldn't choke on.... or "tree nut" warnings on peanut butter
The manufacture of the shirts, intended for children under 12, is required to supply you with a certification statement with each shipment. As a retailer myself this certification statement will be stored/filed on-site. How long I don't know yet?
The dyes on the other hand will be much more difficult. You will either need to send each dye for testing or the manufacture will. In reading the law much of the responsibility falls to "manufactures." Your problem comes from the fact that a dye manufacture could possibly say ...you're problem. Instead of the reasonable assessment that dyes made for crafters need testing. Yet, they will need to supply that certification to major clothing manufactures anyway...so the dye manufacture has to test and certify it anyway.
I do see much of this along the lines of getting a MSDS, Material Safety Date Sheet, like industry was forced to years ago.