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richelle*leanne Guest
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Posted: Thu Dec 11, 2008 5:25 pm Post subject: Custom made garments |
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Many small designers create one of a kind items for their customers, and I have in the past created dresses or gowns from fabric that my customer has supplied. If I/we decided to solely create garments from customer-supplied fabric and other necessary notions would this be an effective way around this legislation? It would be basically be selling design and seamstress services rather than a finished good. Even if we sold the fabric and other supplies needed for creation of the garment (just as a retail store would do), then had a separate fee for the dressmaking and design aspect, it seems that we would be selling a service rather than a finished product that would need to be tested.
Any thoughts? |
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Esther Moderator
Joined: 17 Mar 2006 Posts: 1919 Location: ID Spudville
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Posted: Thu Dec 11, 2008 5:29 pm Post subject: |
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This is one of those things that has yet to be determined. It's too narrow of an exemption to hope for. It would be best to assume you would need to test, even one-of-a-kind items until someone official says otherwise. |
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angelbottomsboutique Guest
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Posted: Thu Dec 11, 2008 6:16 pm Post subject: |
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What happens if the customer supplies the fabric? We just use our patterns?
Jo Lynn |
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J C Sprowls
Joined: 25 Mar 2006 Posts: 2004
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Posted: Thu Dec 11, 2008 6:18 pm Post subject: |
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Then, you have to hold the customer accountable for complying with whatever regulation the CPSC decides to implement. |
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angelbottomsboutique Guest
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Posted: Thu Dec 11, 2008 7:11 pm Post subject: |
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What about selling fabric? It's not a "finished" product. I remember reading somewhere about it not being included.
Just wandering more for the fabric I have from my diaper business.
Jo Lynn |
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Esther Moderator
Joined: 17 Mar 2006 Posts: 1919 Location: ID Spudville
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Posted: Thu Dec 11, 2008 9:13 pm Post subject: |
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As a retailer, you would need a general conformity certificate from the fabric supplier. I asked a supplier for one and they have completely ignored me, so good luck with that. |
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heartlanddreams Guest
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Posted: Thu Dec 11, 2008 9:21 pm Post subject: |
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I guess I don't understand why you would need a conformity certificate for fabric. Especially if it's not a kid's print. It isn't necessarily going to be a child's product--you don't have any control over what gets made from it. A lot of my diaper fabrics are just florals and such.
And if I go to JoAnn's and buy children's print flannel or something, do they have to give me a gcc? |
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blizzard77 Guest
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Posted: Thu Dec 11, 2008 10:16 pm Post subject: |
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Joann's is not a manufacturer. If you are sewing diapers, you are the manufacturer and it's your responsibility to either make sure you have cert from the original fabric converter OR test the fabric yourself. ATM, based on my (few) contacts with fabric companies, it's going to be easier to have my fabric tested myself. Suppliers aren't exactly eager to cough up any test results--probably affects their liability policies. |
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J C Sprowls
Joined: 25 Mar 2006 Posts: 2004
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Posted: Thu Dec 11, 2008 10:30 pm Post subject: |
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No. They are concerned that misuse of the information might expose them to risk. As we've said, the CPSC has not determined that the fabric mill's testing absolve you - the manufacturer - of compliance.
Besides: the CPSC has not yet deemed that component testing is sufficient.
Unless you are operating under the radar (e.g. no business license, no resale certificate) you may not find it too easy to navigate making a customer's product from their own goods. At minimum, you may be required to collect a waiver indicating that you are not accountable for X, Y, and Z.
All the same... the focus is on the wrong thing. You want permission to continue business as usual. None of us has the authority to provide that for you. You will have to sort out where you want to stand in relation to the final requirements if they are ever articulated. |
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heartlanddreams Guest
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Posted: Thu Dec 11, 2008 10:51 pm Post subject: |
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No, I'm not looking for exemptions, I want to comply in the best way I can.
I was referring to the question of selling off fabric in the off chance that I can't comply--which I think was the question raised above about would you need to provide conformity certificates if you just sold off your stash. My point being, I didn't think so, and I wasn't expecting JA's to be handing them out either, for the reasons mentioned. Nothing has been manufactured yet. |
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Margarita McClure Guest
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Posted: Fri Dec 12, 2008 4:33 am Post subject: |
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If all you are selling is fabric (without any kind of children's prints), then the new law doesn't apply. If your customer turns your fabric into something for children 12 & under for the purpose of selling them, then that customer now needs to make sure they are compliant with the new law--not you.
Whoever is the importer or the manufacturer of the item meant for children is the one on the hook. If all you do is import or re-sell fabrics that could be purchased by people that can turn them into anything from tablecloth to baby doll outfits, all you are essentially selling are "industrial goods." It doesn't matter what your customers do with the materials purchased from you. Now if you're selling fabrics with a Disney character on them or some type of children's print, it's a different story because that now MAY be considered a children's item. |
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Esther Moderator
Joined: 17 Mar 2006 Posts: 1919 Location: ID Spudville
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Posted: Fri Dec 12, 2008 8:48 am Post subject: |
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Quote: |
If all you are selling is fabric (without any kind of children's prints), then the new law doesn't apply. |
I believe this is a misconception. There is a little phrase in section 102 of the act that states any regulated product must have a general conformity certificate. Fabric is a regulated product. There are many, many products, like candles, that are regulated. You can find a list of regulated products at the CPSC website - business section. This has not received a lot of attention.
The only difference between that requirement and children's products is that children's products will eventually need certified 3rd party testing. Other regulated products must be based on some kind of "reasonable" testing program. |
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Buntefabrics Guest
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Posted: Fri Dec 12, 2008 10:04 am Post subject: |
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Esther wrote: |
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If all you are selling is fabric (without any kind of children's prints), then the new law doesn't apply. |
I believe this is a misconception. There is a little phrase in section 102 of the act that states any regulated product must have a general conformity certificate. Fabric is a regulated product. There are many, many products, like candles, that are regulated. You can find a list of regulated products at the CPSC website - business section. This has not received a lot of attention.
The only difference between that requirement and children's products is that children's products will eventually need certified 3rd party testing. Other regulated products must be based on some kind of "reasonable" testing program. |
What is a reasonable testing program? I am importing fabric from Europe. All my fabric was manufactured under Oeko-Tex 100 and the imported organci fabric under Oeko-tex 100 class II. Do this certificates even count here in the US? Do I still have to test it? I know this question has been asked a thousand times already and we are all trying to read this law the best we can. |
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Kathleen F. Site Admin
Joined: 08 Sep 2005 Posts: 11557 Location: NM Albuquerque
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Posted: Fri Dec 12, 2008 1:23 pm Post subject: |
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No offense, I deleted the last two entries. Buntefabrics is not producing finished products. She sells fabric. Esther's contribution notwithstanding, we need an expert opinion before we can definitively state that this law doesn't apply to her as its written or whether it does. That the law will impact her if her customers go out of business is another story. |
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Esther Moderator
Joined: 17 Mar 2006 Posts: 1919 Location: ID Spudville
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Posted: Fri Dec 12, 2008 1:41 pm Post subject: |
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Kathleen, of course, is right. The GCC will be the next hurdle. AFAIK GCC are required now. Didn't the final rule come down on November 12th? I guess that wasn't official?
[banging head on the wall] |
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