Donations & Gifts
Question 13: I donate the children’s products that I make to local charities and hospitals. Can I continue to send them my handmade donations?
Yes, you can make and donate children’s products to local charities and hospitals, if they are made of exempted materials or materials that you feel confident do not contain lead (see Table 8) . Children’s products made of yarn, dyed or undyed fabrics and natural materials such as untreated wood or cotton do not contain lead at levels sufficient to exceed the new lead limits.
If your products are made for children 12 and under, they will need to be third‐party tested if you use paint or a similar surface coating. Products for children under 3 will need to be tested to the small parts standard if you create a product (such as a toy, puzzle or doll) that could break into small pieces when used, dropped or otherwise handled by a child.
Avoid making and donating children’s products with soft vinyl or plastic, buttons or zipper pulls, or metal jewelry or embellishment or other pieces that may exceed the lead or phthalates limits.
Response for gifted/donated and resold used items (From Neal Cohen, former Small Business Ombudsman at the CPSC):
Legally, yes. They must also be compliant in certifications and labeling. Any item entering the world of commerce (going to someone that is not yourself), must be compliant.
HOWEVER. The likelihood of there being an issue of being 'caught' for one or two items is extremely slim if you are not a business.
This is NOT to say that it is OK to "gift" items. This is NOT to say it is OK to resell "used" items to get out of the requirements. This is simply stating that if you gift something or resell something that you have used, you don't necessarily need to stress about 'being compliant'.
The take-away?
If you are NOT a business and want to give something to a friend/family member, you don't necessarily have to freak (you are still held accountable though).
If you are NOT a business and want to donate to hospitals, same as above, though, the larger the amount of goods out in the world, the higher likelihood of "being caught".
If you ARE a business, you need to be compliant regardless of if it is a donation or not.
Consignment & resale shops: www.cpsc.gov/Business--Manufacturing/Business-Education/Resale/
Many charities that accept donations of diapers are requiring a General Certificate of Conformity (GCC) or Children's Product Certificate (CPC) to be given with the donation.
If you are donating a diaper that is made by a larger company that is carried in multiple stores, both online and physical locations, they will likely have this statement already on-hand in their records.
If you are donating a diaper that is made by a smaller company or small home artisan, you will want to seek out that seller for a children's product certificate or general certificate of conformity. The seller should be able to forward that to the charity of your choice. Note that the seller is not required to give this certificate to the consumer, so please don't worry if they choose not to and choose, instead, to send it directly to the charity.
Giving Diapers, Giving Hope has a list of companies that are already confirmed as compliant. If you are donating these brands, you do not need to have a GCC/CPC ready with your shipment. If you are donating a brand that is not your own, contact the vendor and have them contact GDGH to be put on the list!
www.givingdiapersgivinghope.org/donate/