 I am Shelby Mathis, the small business ombudsman at the U.S. Consumer Product Safety Commission and this is our third monthly webinar. Today's topic is going to be on cloth diapers. And as a disclaimer, I am a CPSC staff member and I've put together this presentation. So it may not reflect the views of the commission because we are an agency that's headed by five commissioners. So the agenda for today, I'm going to start out and I've tried to make this as practical as possible for those of you that are either manufacturing, importing or selling cloth diapers. We're going to talk about labeling and testing requirements on those cloth diapers and what applies. Once you know what testing requirements apply to your product, we're going to talk about how to find a CPSC accepted testing lab, which is mandated because this is a children's product and the CPSIA requires that children's products be tested by CPSC accepted testing labs. So we're going to talk about how to find one of those. And then for those of you that are registered as a small batch manufacturer or may be considering registering as a small batch manufacturer, we'll talk about the benefits associated with that. First of all, how to qualify and then what the benefits may be. If you are a manufacturer or an importer of cloth diapers, although there's some caveats there for importers, much harder to qualify as a small batch manufacturer. So mainly focused on domestic manufacturers there. And then we'll do something that I hope that you guys find fun, which will be interactive audience polling, where I'm going to ask you a series of questions and then we're going to get feedback. You guys are going to guess the answers and we'll talk about what the actual answers are on several questions pertaining to cloth diapers. I'll talk about children's product certificates. We'll actually go through an example of a children's product certificate specific to cloth diapers and what information needs to go in what section. And then I'll highlight a children's apparel recall example that is not a cloth diaper, but it is a defect recall associated with children's apparel. And I'll talk about why it's a good example for this product at that time. I'll highlight some of the CPSC business resources that our office makes available to you guys and let you know where to find those resources. And then finally we'll do a question and answer session at the end of the presentation. So first off for labeling and testing requirements, let's take a look at labeling. Cloth diapers require tracking information because it's a children's product and tracking information needs to be permanently affixed to the product and the packaging. And we get a lot of questions in our office about what it means to have appropriate tracking information on your product and packaging. You want to make sure that four things are covered. The first thing is you want the manufacturer or private labeler name if it's being made domestically. If it's being made overseas or even to our northern neighbors or southern neighbors in North America, then you're going to want to put the importer name on the product and the packaging. You also need to make sure that the location and data production of the product is included in your tracking information. And I will touch on some frequently asked questions right after this slide. It'll kind of highlight what that means in certain contexts. You want to also include the third piece of information which is detailed info on the manufacturing process, which includes batch or run number information if you use that in your manufacturing process, can be a very good way to isolate within your production line where there could be an issue associated with the product. And then finally, the fourth piece of information is any other info that's going to help a consumer ascertain the source of the product because that is the purpose of permanent tracking information. And one thing that I like to recommend here is the website for your business for two reasons. One makes it a lot easier for a consumer that might be having an issue with a product that they've gotten from your company to get in touch with you. And then the second thing is it's free advertising. If they like the product, they can see the website and go onto your website and order more products straight online. So there are frequently asked questions section on our website, and I've got the address there, cpsc.gov forward slash tracking label. Again, this appears as a hyperlink in the handout on the right hand side of your screen. In the PDF version of this presentation, it is actually a hyperlink that takes you right to the frequently asked questions slide. Sorry, the frequently asked questions page on our website. So with that being said, let's take a look at some of the frequently asked questions that we get on tracking information that might apply to the cloth diapers that you might be designing or manufacturing. So what meets the location of production requirement for permanent tracking information? Well, if it's being made domestically, city, state, and country of manufacturer, so where I'm physically standing today would say Bethesda, Maryland, USA. And that would meet the location of production requirement. If it's being made in another country, you want to put the province and the country. And then what happens if you're importing a product? Question we get frequently is should an importer's name appear on the tracking label instead of the manufacturers? And the answer is yes. If the product is being manufactured outside the United States, the importer's name is going to need to take the place of the manufacturer's name on those four pieces of information on the tracking label. Another question that we get very frequently. Do I need to test the tracking label and certify its compliance? And the answer here is no. However, the way that you decide to mark your consumer product cannot introduce lead into a children's product. So you want to be careful in the material that you choose if you're going to permanently affix a fabric tracking label. And then another frequent question. If you're using disposable packaging, does an adhesive label on disposable packaging meet the permanently affixed on-packaging requirement? And the answer here is maybe. And it depends on how adhesive that label is. If this is a label that is actually going to stay on the disposable packaging such that it reaches the consumer, then that is a permanently affixed label on packaging and would meet the requirement. So wherever it's going to fall right off, that would not meet the requirement for permanently affixing a tracking label on packaging. So let's take a look at testing requirements. And I will try to highlight some of the questions that we get on-cloth diaper specifically that kind of confuse it with other different types of consumer products. Because I think it'll help you guys figure out what applies to the products that you are working with. So the first thing, it's a children's product. So lead content and accessible components applies. And that is from Congress. That's 15 USC part 1278A. And the level there for lead content and accessible components is 100 ppm for lead and paint and surface coatings. And this will be a coating that doesn't sink or I guess fully absorb into the substrate. That standard is 90 ppm or that limit. And that's from our regs. That's 16 CFR part 1303. So we've got the two types of lead testing that could apply to your cloth diapers depending on how they're constructed. The third thing is flammability testing. And there is a general wearing apparel flammability standard, which is our reg 1610. And then there's one for vinyl plastic film, much less applicable on cloth diapers, although we do get some questions on accessible diaper inserts that might involve vinyl plastic film in that 1611. But apparel flammability standards do apply. Most likely it's going to be 1610 that applies to your cloth diapers in terms of testing procedure. And a note here. And this is here because a lot of questions come into our office related to whether or not cloth diapers are considered children's sleepwear. The answer is they are not. And the reason that we get that question is because children's sleepwear, as many of you know, is subject to a more stringent flammability standard, also in our regulations, which is 16 CFR, 1615, and 1616. So our agency does not consider cloth diapers as children's sleepwear. And the fourth bullet here is also based on a question that we frequently get is whether or not cloth diapers need to be tested for phthalates. As many of you know, toys and childcare articles that facilitate sleeping and eating are subject to phthalates limits. And the phthalates there can exceed more than 0.1%. And there are six types of phthalates that either are temporarily banned pending a final rule from the commission or permanently banned in plasticized components. However, this does not apply to cloth diapers. They are not considered a childcare article that facilitates sleeping and eating, and they're certainly not a children's toy. So no phthalates testing is required on cloth diapers. Once you have met all of your testing requirements, you'll want to make sure that you properly certify that you've met these requirements. And you do that through creating a children's product certificate. And we'll go through an example of that, and hopefully you'll find that useful. I'll also refer you to some resources on our website. In terms of obligations of who needs to create a children's product certificate, it is importers and domestic manufacturers that are responsible for making sure that a CPC has been created and is in place to cover the cloth diapers that they may be importing or manufacturing. All right, let's take a little harder look at each of the testing requirements because there could be, depending on the type of material, or the way that you are constructing your cloth diapers, there could be ways that you would be able to avoid testing in certain instances. So the first requirement that was on that bulleted list from the slide before was lead content testing from 15 USC 1278A. You'll remember the limit there is 100 ppm in accessible components. However, keep in mind that there is a pretty extensive list of materials that we know after years and years of testing within our agency that are not going to exceed the lead limit as long as they're in an untreated, unadulterated state. And those materials, I've highlighted some here and I'll go through those, are in 16 CFR 1500.91. And again, that's a hyperlink right to that regulation that is available on the PDF handout on the right-hand side of your screen. The reason I wanted to hyperlink the regulation for you is not so you can go and read regulations, which I know non-lawyers find really exhausting and no fun. It's because I've done my best here to highlight each of the materials that I think may apply to your cloth diapers, but that regulation has a pretty extensive list, the contents of which I could not list, or I guess I could list, but it might be a little bit exhaustive for our purposes today. So if you are using a textile that's not on this list, check the regulation and see if it's there, because if so, you might be able to avoid total lead content testing under 1278A. So what are the materials? The first one is wood, paper and similar materials made from wood. We've had some questions about cloth diapers. I guess there are some innovations in the way of textiles that are being created from wood and paper-derived products. So those would fall under that exemption or likely would. You're welcome to reach out to us with specific questions on textiles that you might have. And then if we internally need to get a decision from our experts within our agency, we're happy to do that. But wood, paper and similar materials made from wood are listed in 1500.91 as not requiring total lead content testing. The second bullet here is CMYK process printing inks. And why is this important? CMYK process printing inks fully absorb into the substrate, so they are listed as not requiring total lead content testing. And then natural fibers, dyed or undyed, including but not limited to. And again, I've tried to highlight here a lot of the materials we get questions on, but there's a much more extensive list online. Cotton, linen, hemp, bamboo, sisal, silk and sheep's wool, indyed or undyed states as long as they are untreated. And then manufacturing or manufactured fibers also dyed or undyed, including but not limited to. Rayon, lyosal, acetate, triacetate, rubber, polyester, nylon, acrylic, motor, acrylic and spandex. Additionally, I've added, this is based on agency guidance that we've received internally from our staff, that Velcro and Aplex, which are two materials that are frequently used in cloth diapers, would be considered textiles that fall under 1500.91, it would not require total lead content testing. Also important to remember here, there are other components on your cloth diapers besides the fabric that you make them up. And you should think of the products that you are creating kind of like a puzzle with a bunch of different pieces. And you need to look at each of the pieces and see whether or not different types of testing would apply based on how the pieces come together. So for zipper snaps and other fasteners that would be made of like a metal or poly resin, you want to make sure that those comply with the total lead limit on substrate. And then polyurethane laminate or pull, we get questions about frequently on cloth diapers, would not require testing if it's inaccessible. However, it's not on the list of 1500.91, so if it is accessible, it would require total lead content testing. Colorants may be a source of lead, so you want to think about how you're coloring and dyeing your textiles that you're using. And depending on the types of inks and colorants that you're using to do so, they could be a source of lead that would require total lead content testing. And again, testing labs can very frequently help you determine whether or not lead content testing would be needed. You're also welcome to reach out to our office and we can forward internally to the experts here at the agency to help you figure out whether or not testing would apply. For lead in paint and surface coatings, this was the second bullet point on that four bullet point list that we talked about for testing requirements. This is straight from our reg. You remember for paint and surface coatings, the limit is 90 ppm. Unfortunately, on paint and surface coatings, there's no exceptions and exemptions, like we just talked about for total lead content. However, the thing to remember here is that if you don't have paint or a surface coating, this is not going to apply to you. But what does it mean to be a surface coating? Well, a surface coating is something that's applied to a substrate that does not absorb into the substrate, meaning it's sitting on the surface. So examples that we see here that require lead in paint and surface coatings testing in a cloth diaper context are frequently screen printed fabrics and then painted zippers and snaps. And with painted zippers and snaps, remember again with the puzzle piece method that they're going to need total lead content testing for whatever the zipper and snap is made of, and then lead in paints and surface coatings testing for the paint that's sitting on top of that snap. All right, the third requirement is flammability testing. Inflammability testing on general wearing apparel is in our regulations part 1610. That applies to all textiles that are used for adult and children's wearing apparel and cloth diapers are children's wearing apparel. This, just of note, this flammability testing section does not apply to certain types of hats, gloves, footwear and inner lining fabrics. And then for children's sleepwear, that's got to meet a more stringent standard. So I just wanted to highlight that for those of you that might be making other type of apparel items and wondering whether or not the flammability testing of 1610 would apply to those items. So vinyl plastic film is the other flammability testing requirement. And again, very frequently applies here because vinyl plastic film really is a disposable diapers material. It would be unsupported vinyl plastic film that could be transparent, translucent and opaque, but it needs to be uncovered or exposed in wearing apparel to require flammability testing to 1611. Sometimes in vinyl cloth diaper inserts, if those are exposed, this would apply. But again, very limited circumstances. I just wanted to bring it to your attention though. So for flammability, there are some exemptions for flammability testing and those can be found in our regulation section 1610.1 section D. And the fabrics that do not require flammability testing are broken into two main categories. The first one is plain surface fabrics that exceed a certain weight. And that weight is 88.2 grams per square meter or 2.6 ounces per square yard, regardless of fiber content. So that's the first type of fabric that would be or type of textile that could be exempted from flammability testing. And then the second group are plain and raised surface fabrics that are made of six materials or any combination of them regardless of weight. And those materials are acrylic, moda acrylic, nylon, olefin, polyester and wool. So I point to take away from the flammability testing exemptions and the list of materials that we know aren't going to exceed the lead content or total lead content is when sourcing materials, if you would like to try to limit your obligation to test because that can sometimes add to the expense associated with or it always adds to the expense associated with getting a product to market then if you are creative in sourcing your materials and you check 1500.91 for total lead content exceptions list and you check the flammability exemptions list and you manage to pick textiles that fall under both then you can avoid testing in certain circumstances. So flammability testing, I just wanted to highlight some of the things associated with it and how it works because we do get some questions about what does it mean to be different classes of fabric under flammability testing. So what flammability testing standards do is they classify the flammability of a textile into three classes and that's class 123 and it's based on two main things which is the average burn time over several specimens or the speed that they burn and then the surface characteristics of the fabric and class three textiles are considered dangerously flammable and are not suitable for use in clothing because they rapidly and intensively burn. So this is just a picture of a sample being prepped at our testing lab and for flammability testing you'll want to have and again this is all in 1610 and the testing procedure is outlined there. You'll want to have a two by six inch specimen and you can see that attached to the plate there. It's held at a 45 degree angle. There's a 16 millimeter flame, a one second ignition. The ignition has to take place on the surface. The burn time is recorded. There's a prescribed sample prep on what you need to do before you put the sample on the plate and begin the burning process and then what you do afterwards and then refurbishing is required and refurbishing is laundering the textile in whatever way is going to be prescribed for whoever's going to wear it. So again very complex the flammability testing procedure and it's outlined in 16 CFR 1610. So other things to keep in mind on children's clothing, small parts. Sometimes cloth diapers have small potential small parts on them and you can see some examples of small parts. The toggle which I frankly have not seen on cloth diapers but could certainly exist and then you see buttons which I have seen on cloth diapers. So our cloth diaper examples. So things to keep in mind with things like those toggles or those buttons are that children's clothing and accessories are exempted from the small parts regulations. Many of you know small parts does apply to children's toys if they're intended for children under the age of three and many children's products if intended for children under the age of three. Certainly cloth diapers are however children's clothing and accessories are exempted from the small parts regs but you need to make sure those things are secure. And I'll talk about a recall example on children's apparel and highlight why that's important but suffice to say for now that if buttons or toggles start falling off of your cloth diapers because they're poorly constructed or they're not properly attached then our agency could take a look at that based on a report or our own internal investigation and determine that that could be a product hazard. So if you are using toggles or buttons, any kind of fastener that might be a fix to your cloth diapers you want to make sure that those are very secure and don't have the ability to be pulled off. Alright so I want to touch on the small batch manufacturer registration benefits because many people attending may qualify as a small batch manufacturer and one of the questions we frequently get is what are the benefits if I register? So at the outset I just want to say registration is not required at all by our agency however if you do register there are certain benefits so let's talk about those and we'll first start with what it takes to qualify as a small batch manufacturer. The qualifications in this calendar year you must meet two requirements that's a gross revenue requirement and a limit on the amount of manufactured products that fall under your registration in a calendar year. So for gross revenue last calendar year you cannot have exceeded right under 1.1 million and that figure is on your screen and you cannot have manufactured more than 7500 units of the covered product that qualifies you as a small batch manufacturer. So in the context of cloth diapers what are the benefits of registering as a small batch manufacturer? The benefit is that registered eligible small batch manufacturers may be able to avoid third party testing at independent CPSC accepted labs for specific tests on children's products and one example is the flammability test for general wearing apparel in 16 CFR part 1610. Now registered eligible small batch manufacturers can conduct first party testing or manufacturer testing in this context however you must make sure that you are strictly meeting the requirements of 1610 and it's sample prep and testing procedures which are extensive. If you are interested in this or you have specific questions please feel free to reach out to us and we're happy to seek guidance with the groups within our agency that have much more expertise on this than I do. You can find out more information on the benefits of small batch manufacturer registering on our website at cpsc.gov forward slash small batch and again it appears as a hyperlink on your screen. It's a hyperlink in the handout on the right hand side of your screen in the PDF version of this document. Alright I love charts as many people who know me know so I just wanted to give you guys a chart if you are a manufacturer of cloth diapers that you could have handy and it would be an easy reference for you. So things to keep in mind here I've got the four potential types of testing that we talked about at the outset and then I've got three columns. The first one is is third party CPSC accepted lab testing required for each of these types of tests and we'll talk about that by test in just a second. The second of the columns on the right hand side is can written assurances from a supplier be relied upon by a registered small batch manufacturer so for those of you attending today that are registered small batch manufacturers or you are eligible to register and you were considering whether or not you should register this will let you know the benefits associated with that and then finally could a domestic manufacturer rely on timely component part testing from a supplier to avoid retesting for each of these types of tests. So let's take a look at the left hand side and look at each of the types of testing and then we'll look at we'll go right across each of the columns. So first one total leg content which applies to accessible parts usually total leg content applies to the textiles that you use for your cloth diapers it would also include polyurethane laminate and then the snaps and zippers that you use the substrate there be it metal or polyurethane. So third party CPSC accepted lab testing required no on total leg content. Can you rely on written assurances if you're a registered small batch manufacturer? Yes. So what is a written assurance from your supplier? It is something on their letterhead that's certifying to you that the product that they're supplying you with complies with our leg content limit of 100 ppm. So that is this should be distinct in your mind from a testing report but again that is only eligible registered small batch manufacturers that can utilize written assurances on total leg content. And then also on the right hand side for total leg content a domestic manufacturer can rely on component part testing from a supplier on total leg content for their textiles or their snaps and zippers. For lead and paint and surface coatings you'll see that it's the flip of the leg content above it. You do need third party CPSC accepted lab testing so if you have things like painted snaps or zippers or screen printing you're going to need to have that lab tested by a CPSC accepted testing lab and we'll talk about how to find those in just a second. You cannot rely on a written assurance that the lead and paint and surface coatings does not exceed our 90 ppm limit if you're a registered small batch manufacturer but if you get a testing report that is on the component part be it the painted snap or zipper that is from your supplier that's certifying to you that it's past the 90 ppm lead and paint and surface coatings limit you can rely on that component part testing. For flammability on general wearing apparel under 1610 that does not require third party CPSC accepted lab testing however you can as a registered small batch manufacturer rely on a written assurance that the textile that they're supplying you with passes the apparel flammability testing and you can also as a domestic manufacturer rely on timely component part testing and what does it mean to be timely component part testing? We'll talk about that in a second but it's usually a testing report that's within the past year and that you make sure test your actual product component. And then finally for vinyl plastic film flammability testing as it might apply to diaper inserts that are exposed in some way again very isolated application of 1611 and flammability testing here you do not have to have that CPSC accepted third party lab tested and you do have the ability to rely on written assurances if you're an eligible registered small batch manufacturer and you can also rely on timely component part testing from your supplier of the vinyl plastic film. So we just talked about all the testing requirements how do you find a testing lab if you are required to use a CPSC accepted lab you've got to find that CPSC accepted lab via our website and I've got the site link there that is available in your handout at CPSC.gov forward slash lab search you have the ability to narrow your search by region or by country and by scope meaning the type of product testing that you need and there is a lab search demo video available on our website and I've got the hyperlink in your handout we are working on the lab search page and we're trying to make it a little more user friendly. In the meantime if you have questions feel free to reach out to us we're happy to help you find a CPSC accepted testing lab for your cloth diapers and the lab search demo video can also probably help you figure out how to best use that website if you are doing this after hours or at a time when Will or myself are not available to help you on the phone. So testing frequency there is a periodic testing rule one of the questions that we hear a lot is how often do I have to get my cloth diapers tested. Well the main answer is that a vast majority of manufacturers and importers need to make sure that they're testing their products once per year and that applies that is the default however if you have a production testing plan and if you've got questions about that we can talk to you more in depth about what that means. You do have the ability with a production testing plan in place to test every two years and I'll caveat that in just a second about material changes. Every three years requires that you have a testing lab accredited under that ISO standard very very very few manufacturers are going to qualify for every three year testing and the take away here of the vast majority it's going to be once per year. So testing requirements what is the proper procedure. Manufacturers and importers need to submit the samples to the testing lab and we get questions on that we'll talk about that a little bit later in the webinar. The CPSC accepted testing lab receives your samples they perform the applicable testing and then they provide you the testing results. Our recommendation to lower your cost you want to find one lab that can do all the testing that you need to have done. Labs are accredited or accepted by the CPSC on a test by test basis so they may not be able to perform all the testing that you might need to have done on your product so when looking for a testing lab you want to make sure that they're accepted by us especially in the case of children's products that they can test or conduct all the testing that you need to have done on your cloth diapers and for importers the testing needs to be completed before entry at the port or you distribute them in commerce and you need to have proof of that ready to be provided and I'll talk about that in a little bit more depth in just a second. So I said I would caveat the testing requirements a second ago when I talked about every two years with a production testing plan or once per year for the vast majority of manufacturers that changes if you make a material change to the design of your product and what does it mean to be a material change? We get a lot of questions on that and truly that is a case by case basis question that I can't give you a broad answer on but if you do have questions on whether or not something is a material change please feel free to reach out to myself or will in our office and we can get guidance internally on whether or not what you've done is considered a material change that would necessitate retesting the effective component part or the entire product. You do have the option to do either one in most circumstances but again it's case by case so we're happy to help you if you believe that you might have a material change on the design of your cloth diapers that could mean that you need to test more frequently than that 12 month window. Once that retesting on the component part of the entire product has happened after a material change you need to make sure that you issue a new children's product certificate and who's responsible for children's product certificates, manufacturers or importers are responsible for making sure that a CPC is available based on passing test results. Alright so I hope everybody is ready to go and excited about interactive audience polling. We're going to see how well you've all been paying attention and I'm going to hopefully you guys are going to get all the answers right but let's just see how we do so I'm going to go ahead and put the first question up and that question hopefully is appearing on your screen and it is do reusable pocket diapers have to bear a permanent tracking label and these are questions based on the ones that we get quite frequently in our office so let's see as a group how we do. Alright and it looks like everybody has voted so I'm going to go ahead and close the results and let's share and see what we as a group thought the results were on whether or not reusable pocket diapers need to bear a permanent tracking label and it looks like by and large we thought the answer was yes so let's see if we were right and good news we are correct so here's what you guys need to keep in mind if we're talking about reusable pocket diapers that are sold in a set then the answer is yes. The reusable pocket diapers need permanent tracking information on them so great job everybody that was just our warm up question so let's see how we do on the second question again these are based on real questions that we receive from manufacturers and importers of cloth diapers each day so the question here is which lead limit applies to accessible polyurethane laminate and cloth diapers would it be the 100 ppm lead limit that applies to substrate lead or the 90 ppm lead limit for paint and surface coatings and I'll give you guys just a few more seconds it looks like there's an overwhelming response alright I'm going to close the poll and let's see what we as a group thought the answer was on which lead limit applies to accessible polyurethane laminate and cloth diapers and it looks like the group pretty overwhelmingly thinks that the answer is 100 ppm which applies to total lead content in substrates let's see if you guys were right and the answer is 100 ppm for lead in substrates so the large majority of you guys were correct okay you're doing great so far so let's see how you do on our third question about cloth diapers also frequently received from members of the public alright the question here are cloth diapers considered children's sleepwear subject to the more stringent children's sleepwear flammability standard that's a good indicator because we get so many questions here because young children sleep frequently in cloth diapers so we get questions about whether or not it's considered children's sleepwear so everybody voted so quickly we go ahead and close the poll and then we'll take a look at the results and see what we thought as a group on whether or not cloth diapers fall under the children's sleepwear flammability testing standards and it looks like I haven't been able to stump you guys so far because a huge majority 85% of you said that the answer was no let's take a look and see if you guys are right and the answer is no cloth diapers are considered general wearing apparel so they are not subject to the more stringent children's sleepwear flammability standards they are instead subject to the general wearing flammability standards of 1610 alright I got another question queued up for you guys let's see how you do on this one and the question here is are cloth diaper subject to phthalates testing thank you to everybody who's participating you guys you're on the ball and I'm watching the participation percentages go off the charts alright so I'm going to go ahead and close the poll here and let's see what the group thought in terms of whether or not cloth diapers would be subject to phthalates testing and as a group you overwhelmingly thought that the answer was no that cloth diapers would not be subject to phthalates testing let's see if you were correct you were correct the answer is no phthalates testing applies only to children's toys and child care articles that facilitate sleeping and eating our agency has put out guidance and it's available on our website I'm happy to point you to those resources that child care articles that facilitate sleeping and eating would include something like a baby bib sippy cups and utensils and children's sleepwear as well alright let's see how you do on the fifth question that I've got queued up for you and the question here is are disposable diaper liners subject to the same testing requirements as cloth diapers I will give you guys just a few more seconds to get your answer in before we close the poll alright I'm going to go ahead and close the poll and let's see what we as a group thought on whether or not disposable diaper liners were subject to the same testing requirements as cloth diapers looks like the large majority of you guys thought that the answers know that there are different requirements that apply to disposable diaper liners let's see if you were right and you guys were correct the answer is no that diaper liners as with cloth diapers need to meet leg content requirements so in that way disposable diaper liners and cloth diapers are the same in leg content requirements however on flammability they are different disposable diaper liners that are completely unexposed to the outside do not require flammability testing and that's per our regulation 16 CFR 1610 34 so that was a bit tricky because that's information that I didn't provide but you guys already knew the answer so let's see how you do on question number 6 and the question here is are cloth diapers subject to the small parts ban because they are intended for children under age 3 alright and I'll give you guys just a few more seconds to get your answers in because this is trending not in a decisive fashion alright I'm going to go ahead and close the poll and let's see what we as a group thought the answer was on whether or not cloth diapers are subject to the small parts ban because they're intended for children under 3 you can see the group it trends towards yes but we're close to evenly split we're 60-40 on our percentages let's see if the folks that selected yes were correct and the answer here is actually no cloth diapers are exempt from small parts testing and the small parts ban under 16 CFR 1501.3d however because children's clothing and apparel which cloth diapers are do not require small parts testing and therefore there's no small parts ban on them however please keep in mind and this is the caveat from earlier that all snaps and buttons still need to be secure on those cloth diapers because you don't want to be in a recall situation based on a product defect so as a group we're doing great we've got one more question and I'm going to go ahead and queue up for you guys that is a little bit more specific that again is based on the types of questions that we have received from fellow manufacturers and importers of cloth diapers and the question that you guys are taking a look at is a manufacturer of cloth diapers where the diapers are made entirely of bamboo fiber and velcro does let testing need to be conducted on those diapers a few more moments to get your question your answer is to the question then I'm going to go ahead and close the poll because it looks like everybody has participated so let's see what we as a group thought the answer was then we'll see whether or not we were right so 72% thought the answer was no that cloth diapers made entirely of bamboo fiber and velcro would not require lead content testing so let's see whether or not you guys were correct and the majority of you were correct those cloth diapers would not require lead content testing and that's pursuant to the list that we discussed earlier which is in 16 CFR 1500.91 specifically D7 that list unadulterated and untreated bamboo fiber and velcro is included in the interpretation of 1500.91 in the list of materials that do not require total lead content testing based on years of testing by our agency on things that we know will pass and will not exceed the substrate lead content level of 100 ppm so thank you everybody for participating in the poll let's take a look at children's product certificates and what would go into children's product certificate that covers cloth diapers. There are seven pieces of information that need to be on a children's product certificate and we'll go through each one caveat here this is for demonstrative purposes only so it might not include everything that applies to your cloth diaper based on design some of the things that are included here may not apply based on the design of your cloth diapers so we're just using it for an example. In number one you need to describe the product cover by the certificate so that's going to be a full description as best as you can of the cloth diapers that you're manufacturing or importing. In number two you're going to cite to each CPSC safety rule to which you are certifying compliance and I've listed out there the four things that could apply that we've covered today which is the two types of lead testing and the two different types of flammability testing again keeping in mind vinyl plastic film only applies to uncovered and exposed vinyl plastic film large majority are going to fall right under 1610 textile flammability testing. Number three you need to make sure that you include your importer or domestic manufacturer contact information number four is the contact info for the person that maintains your testing records very frequently that individual might not be within your organization might be somebody outside so include as much contact info as you possibly can to help our import staff and our compliance staff take a look at these certificates and get in touch with the right people for testing records. Number five the date in place of manufacture of the good that this certificate is covering in this case your cloth diapers. Number six the location of testing and the date of test on which the certification is based however if you are relying on a regulation the two of which we've discussed today have to do with total lead content testing the list of materials that would not require total lead content testing in 1500.91 or flammability testing exemptions in 1610.1d if you are relying on those to not have to test your product you want to make sure that those citations are listed out in number six and six should parallel two in terms of the sections on your certificate and be as specific as you can in 1500.91 and 1610.1d on which portion of those exempted or accepted materials you are relying on so if it's the weight of the fabric put the weight of the fabric if it's the content of the fabric put the content of the fabric in number six and then number seven is the contact info of the testing lab that you used and again you want to provide as much information as you can and lastly I've got the asterisk at the top to remind you that if you are a registered small batch manufacturer you want to make sure to include your registration number on your children's product certificate. Alright important things to remember in children's product certificates all children's products require them that includes cloth diapers, manufacturers and importers have to be the ones that are certifying in their CPC that the product that they're importing or manufacturing complies and CPSC.gov forward slash CPC is our website for children's product certificates and there are two samples on our website which is hyperlinked in the handout on the right hand side of your screen and those samples are for children's clothing which you can absolutely use for your cloth diapers or for a children's toy if that's something that you're also manufacturing and with children's product certificates three main things to remember here, those certificates need to accompany each shipment and there are different ways of doing that I'll talk about electronic certificates in just a second. A copy of the certificate needs to be furnished to each distributor or retailer of the product that you're working with. You do not have a requirement to provide it to the ultimate consumer. A copy of the certificate also needs to be available to our commission or representatives of our agency or customs and border protection upon request and then finally electronic certificates. Our commission has ruled that electronic certificates are absolutely fine but those must be created. The certificate needs to be created no later than the time of shipment or first distribution within the United States so it's not an after the fact thing where you can go in and create a certificate after the fact. Lastly I'm just going to highlight a recall example which is not on cloth diapers but it is on children's apparel for a defect because this could apply to cloth diapers many cloth diapers have snaps just like this onesie does at the bottom and you can see in terms of units there were 479,000 of these onesies sold. The recall date here is August 2015 and the problem was that the snaps weren't sufficiently affixed to the onesie so they came off and they were a small part that posed a choking hazard so even though important to remember even though small parts the small parts ban or the small parts testing does not apply to children's apparel you cannot have a product defect like this where the snaps are coming off of the product so you want to make sure that you fully secure the snaps or closure items to the cloth diapers that you are manufacturing. Alright some consumer products safety commission business resources I've got my contact information up there you've got my email address the telephone number that's there 301-5047-945 is our business line it brings it both myself and my colleague Will's desk and we answer as long as we are sitting at our desk and not at a meeting or on another call we do have a Twitter feed if you would like to follow us on Twitter we post information about things like this webinar or speaking engagements that we have or round tables that might be taking place and that we are going to take part in so if you want to stay in touch with a small business office that's the way to do that. I've got the lab search page on the left hand side which we discussed earlier it's useful for helping you find a testing lab again we are happy to help you do that. The desktop reference guide which is useful and has all different types of consumer products and the testing and labeling requirements that apply to them the link is there and then the regulatory robot which is an interactive bot that helps you figure out what requirements apply to your product based on asking you a series of interactive questions and generating a customized report at the end. Alright a few last things to point out and then I'll take a few last questions at the end we have an agency YouTube channel now and there is a playlist that's specific for our webinar series just like the one we conducted here today. This is the third in our series so the previous two are available on CPSC webinar series playlist online and again that link is in the PDF handout on the right hand side of your screen and then if you want to stay up to date on the things that we hear at the small business ombudsman's office are working on be it webinars or other things that might be going on with the commission we tried to do a nice job at the end of each month to issue a newsletter so that you can keep track of commission activities that you might be able to submit a public comment on and to sign up for that monthly newsletter you can do so at cpsc.gov forward slash email you enter your email address and you'll want to make sure that you click small business ombudsman updates. Alright well with that it looks like time is up and we want to make sure that we end on time so thank you everyone for attendance and I'll see everybody next month. Thank you.