Like Jack Sparrow said, “This is more of a guideline rather than a rule”. So, the United States is a funny place and it is certainly not united. Rules in one state may not apply to others and the federal laws are not always adhered to. Most of it comes down to the retailers and insurance. A good example would be California Prop 65. This is a list of chemicals, over 900 actually, that can not be in your product. BUT, if you do have them in your product, you need to put a warning label stating that. This only applies in California, so in Texas, you’re good with no label or test for that matter. The trouble is that if you sell on line, you really have no idea where your products will be purchased.
If you are lucky enough to get your product into a large retailer, they will most likely ask you for testing certification. They have the deep pockets and do not want to get sued for selling your “Not Prop 65 Complaint” item. If they carry your item and a lawsuit comes around, they will simply say “He showed us the test, go talk to him”, they do not want to be involved.
Unfortunately, product certification is expensive, but there really is no way around it if you want to get into the mass market. Sure, you could get on Ebay and Amazon for a while but as soon as any questions are asked, Amazon is going to send you a notice saying they want to see the certifications you have. They will give you about seven days to provide relevant certificates. If not, they’ll de-list your product. Generally, product certification can be 30 days or more so by the time you get the notice, it’s too late.
So, the moral of the story is that you might get a few sales under your belt to start but in the long run you will some sort of product certification. Having said that, not all products require certification. Oddly enough, if it’s an electrical product, there are a myriad of certifications required. A gun, manufactured in the United States, does not have a safety standard, AT ALL…. firearms and ammunition are exempted from the health and safety standards set by the federal Consumer Product Safety Act.
I told you, The United States is a strange place.