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Federal Regulatory Testing Requirements (US)
General Products (US)
Third Party Testing Requirements & Verification
It is the vendor’s responsibility to have third party testing on file from a Consumer Product Safety Commission (CPSC) accredited laboratory and conducted within the last calendar year. For a list of CPSC accredited labs, see here: http://www.cpsc.gov/cgi-bin/labsearch/. zulily may, in its discretion, request this information prior to shipment and it must be readily available within 24 hours. zulily currently partners with Intertek Testing Services to provide discounted rates and services. More information including pricing, test request forms, and testing protocols can be found on the zulily vendor portal.
Reasonable Testing Program (RTP)
zulily defines a reasonable testing program in accordance with the guidelines furnished by the CPSC. Vendors and manufacturers should have a “high degree of assurance” that any general use, non-children’s product on zulily complies with applicable safety standards. An RTP should be in writing and agreed upon by all decision making parties within the vendor or manufacturer. It should include material change tracking, component testing, and periodic testing as part of the finished goods or production testing plan. Record keeping is an important aspect of an RTP, as zulily may ask for documents to be furnished at any time. You can find the zulily “Material Change Tracking Form” on the Vendor Portal, in the “Documents” and “Compliance” section. This form should be completed any time a material change or process in product development occurs, in accordance to the rules garnished by the CPSC under the RTP program. More information on a reasonable testing program can be found here: http://www.cpsc.gov/en/Business–Manufacturing/Testing-Certification/General-Use-Products-Certification-and-Testing/.
Lacey Act (USDA)
Under the Lacey Act, it is “unlawful to import certain plants and plant products without an import declaration.” At zulily, this could potentially apply to any product or its packaging made with paper or wood. More information on the Lacey Act, as defined by the USDA, can be found here: https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/SA_Lacey_Act.
FAQs can be found here: https://www.aphis.usda.gov/plant_health/lacey_act/downloads/faq.pdf
Federal Hazardous Substances Act
The FHSA under the CPSC requires “hazardous household products” to bear labeling that alerts consumers to the potential hazards that those products present and that tells them what they need to do to protect themselves and their children from those hazards.” All zulily products must comply. Definitions as listed by the CPSC and labeling information can be found here:
Small Batch Manufacturers (CPSC)
zulily recognizes small batch manufacturers that are registered with the Consumer Product Safety Commission. However, in order to do business with zulily, all suppliers must adhere to all domestic federal and state legal requirements applicable to the product they are selling with zulily, regardless of whether it is a children’s or adult product. For more information on the small batch manufacturer program as outlined by the CPSC, please visit their website here: http://www.cpsc.gov/smallbatch
Flammable Fabrics Act
The purpose of the Flammable Fabrics Act, 16 CFR 1610, is to keep dangerously flammable textiles and garments made of these textiles out of commerce. The standard provides methods of testing the flammability of clothing and textiles intended to be used for clothing by classifying fabrics into three flammability classes based on speed of burning. This minimum standard specifies that Class 3 textiles, the most dangerously flammable fabrics, are unsuitable for use in clothing because of their rapid and intense burning. Wearing apparel includes any costume or article of clothing that people wear. The Act applies to all textiles used in adult and children’s wearing apparel. For more information, please visit: https://www.cpsc.gov//PageFiles/95108/clothingflammstd.pdf
Quilted/Filled Apparel Law Label
Applicable to both adult and children’s items, under the law label requirement, the State of Utah requires the manufacturers of quilted and filled clothing such as gloves, hats, coats, slippers, ski bibs and “after-ski booties” to obtain a license for their products prior to offering them for sale in the State. A Uniform Registration Number (URN) is not required; manufacturers may provide their Registration Number, Wool Products Label or company name when registering. Further information may be found at: http://ag.utah.gov/food-safety-consumers/bedding-upholstered-furniture-quilted-clothing.html
Down & Feather Labeling & Claims
Under the FTC Act, advertising claims about feather and down products must be truthful, non-deceptive, and substantiated. Some states also have their own laws that deal specifically with feather and down products. There are labeling, cleanliness, and content verification claims that are necessary when any products are made with feather and down. zulily vendors must be compliant with all IABFLO, FTC, and state laws pertaining to down and feather requirements. More information on down & feather labeling can be found here: https://www.ftc.gov/tips-advice/business-center/guidance/downbut-not-out-advertising-labeling-feather-down-0 More information about labeling can be found here: http://iabflo.org/wp-content/uploads/2013/11/Uniform-Law-Labels-Down-and-Feathers1.pdf