leads me to post this straight from The CPSC FAQ page:
Q: Do all children's products require testing for lead or is it only products with
some type of surface coating? We sell products that are used in physical education
classes (e.g. hula-hoops) that are made from polyethylene and are not painted or
coated. Will this product require third-party testing and certification for lead
content under the new CPSIA?
A: All children’s products (as defined by the CPSIA) subject to the lead limit of the Act
will eventually require testing for lead, not just those with surface coatings. It is
important to distinguish between the rules that apply to lead paint and surface coatings
and the rules that apply to lead content. The CPSIA provides limits to the amount of lead
in paint and surface coatings and limits to the amount of lead in the content of the product
itself. Children’s products that are painted, or have surface coatings are also subject to
the lead paint limit, in addition to the lead content limits.
The reason I reprinted this here is because there is still confusion among small manufacturers on etsy and the like that make products primarily intended for children under the age of 12 that think this law doesn't apply to them. Clearly, from the above stated, IT DOES! There is no loophole, there is no exemption (right now), and there is no magic bullet. So far, the CPSC is taking comments regarding component testing, and also ruling on whether certain materials such as uncoated wood and natural fibers (undyed) should be exempt. They have not yet ruled on these questions. I think we should all devote ourselves to changing this law, not arguing amongst ourselves whether it applies or not. IT DOES. Enough said.