A couple of interesting things regarding CPSIA--
Michael Miller certifies fabric production process lead-free
Michael Miller Fabrics announced yesterday that they have tested their fabric for lead and are certifying that they "meet the hazardous materials requirement of the Consumer Product Safety Act". I think we were all suspicious of that, but it is nice that they stepped up to the plate and tested them. Unfortunately, until Congress or the CPSC allows "component" testing versus "unit" testing, you can't use their certificate to meet the law as it stands now. But it is a step forward, assuming that Washington gets its head out of its ass and allows component testing, your fabric has now been certified.
XRF Scanning Technology
I ran into this term a couple of times last week and became curious as to what it meant. Basically, some manufacturers have been using this as a "screening tool" and the CPSC has said it also uses XRF technology as a "screening tool" for lead. (Note I said "screening tool" and not a certified third party testing laboratory- that's for you to figure out with the lawyers.)
Anyway, that led to a couple of interesting links that might be helpful to some of you. Jennifer Taggart, aka TheSmartMama.com, offers XRF testing services here. I would suspect she is drowning in requests, but it is worth a try. Put her website on your RSS feeds, because she has been an environmental attorney specializing in consumer product labeling and Proposition 65 for fifteen years and prior to that was an environmental engineer. She has been writing about CPSIA and offers good information and updates. And according to her, XRF screening has been explicitly accepted by the CPSC until August 2009.
I also called Thermo Scientific today, who is the manufacturer of the Niton XRF analyzer and found out that they will sell you the device, but they also rent them for $1000 a week or $3000 a month. It does require a $5000 security deposit (a credit card authorization). If you think this might be a solution for your business, register for their Webinar "Screening Toys & Consumer Goods with Handheld XRF" today (January 23 at 2:00 EST 1:00 CST) here.
Again, I don't know all the legalize regarding this, but this might be a short-term solution until you receive more guidance.