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CPSIA small business guide

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coco
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Joined: 07/27/2008

Hi!

I asked Lee Valentine from Veritasgames about the CPSIA. I think his answer is interesting. He points to a document called "CPSIA for small business guide":

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ME: It is about the CPSIA. I will manufacture EVERY game I sell, one by one, at home (domestically) like an ARTISAN. And I will ONLY sell them by web, even in USA. I'm located in SPAIN. I sell only to costumers, not distributors, stores or whatever. Some of my games are for ages 6 and up.

LEE: Néstor, I haven't reviewed the CPSIA directly myself, and you might want to run this question by a lawyer (or at least someone who has read the CPSIA cover-to-cover). I do know that it applies to artists and craftsmen and not just to big companies. On the Veritas Games Company website there's guide for small businessmen. I also believe that, as a manufacturer shipping goods into the United States you have to comply, otherwise everyone could setup a shipping location overseas, ship goods into the United States, and ignore the CPSIA. Since it was specifically designed in response to some dangerous Chinese toys shipped into the U.S., I can't see how it wouldn't apply to you if you are shipping into the U.S.

The following is from the CPSIA small business guide:

"I work part‐time in my home making clothes and toys for kids. Am I affected by this law?
Yes, the law covers all manufacturers and importers ‐‐ large and small, domestic and foreign. All businesses, including handmade toy and apparel makers, crafters, those making charitable donations, and other small business must take appropriate steps to be sure that their products conform to all aspects of the law and safety standards, including the new lead content and phthalates limits (for more on phthalates, see question #10) and mandatory toy standards."

The only thing that might save you, and here's where a lawyer is useful: I believe (though I'd have to check the CPSIA directly to confirm) that it applies to goods PRIMARILY intended for children. Depending on the specifications and marketing of your product, that might not include certain specific products if they are PRIMARILY targeted for adult use, even though they have rules simple enough for a 10-year old to play them. I suspect that games that a 6-year old could reasonably play are probably going to fall under the CPSIA if they are the kind of games that parents would play with their children or children would play by themselves.

Check out the CPSIA small business guide:
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf

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I think the magic sentence is "primarily intended for children".

I'd like to hear your opinions.

Cheers!

Néstor

truekid games
truekid games's picture
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Joined: 10/29/2008
after reading that whole

after reading that whole thing, i actually agree. the most relevant passage is the last paragraph here:

Quote:
Question 3: What is a children's product?
A children’s product is one designed or intended primarily for children 12 years of age or younger. Toys, clothes, furniture, books, jewelry, blankets, games, CDs/DVDs, strollers, and footwear may all be considered children’s products.
In determining whether a consumer product is “intended primarily” for a child 12 years of age or younger, the following factors will be considered:

A statement by the manufacturer about the intended use of the product, including a label on the product, if such statement is reasonable.

Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.

Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

The Age Determination Guidelines issued by Commission staff.
If a product is intended for adults or for general use by consumers of all ages, then it is not intended primarily for children. Products marketed and priced in a manner that would not make them appropriate for use by a child would also not be intended primarily for children. An example would be an expensive telescope ‐‐ because it is sold for general use by all ages, it is not a children’s product even though it can be used by a child on occasion.

in particular this bit:
Quote:
If a product is intended for adults or for general use by consumers of all ages, then it is not intended primarily for children.

MOST designer games are very specifically general-use products. mayfair, z-man, etc. don't tend to market nor intend the use of their games primarily for children (nor do they even come close to being the primary consumer). now, most wal-mart type games, i would say ARE targetted at children.

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