Laws on Selling Handmade Clothing

by Jeffrey Joyner, Demand Media

 

Some crafters and owners of small businesses may be surprised to learn that handmade clothing is subject to the same laws as goods produced by major corporations. The Federal Trade Commission enforces strict guidelines that are intended to protect the consumers who purchase the garments and allow them to make informed decisions prior to purchase. In addition, other agencies are involved in protecting children from injury and ensuring fair labor conditions for employees producing garments at home.

Care Labels

Unless the garment is subject to exemption, you must attach a permanent tag that tells the consumer how to clean or launder the garment. If the item can be washed, the tag must state whether the garment must be hand-washed or is safe to wash by machine. The label should include the appropriate washing temperature if hot water might be harmful to the garment, whether bleach may be used and how the garment should be dried. Your tag should also include ironing instructions and any warnings, such as, "Wash only with similar colors" if the garment may fade. For items that cannot be washed, the tag may simply state, "Dry-clean only," if all solvents and methods may be used without harming the garment. Otherwise, the label must include the method or solvent to avoid, such as, "Dry-clean only, no steam," or "Dry clean only, petroleum solvents only."

Items Exempt From Care Label Laws

You are not required to attach care labels to hats, gloves or shoes. The FTC does not consider suspenders, handkerchiefs, neckties and belts as clothing, so the law does not require care labels for these items. Clothing that is completely reversible and does not contain pockets may have a temporary care label conspicuously attached at the point of sale rather than a permanent label. If the consumer may wash, clean, bleach, iron and dry the garment by the harshest of methods, a temporary tag instructing, "Wash or dry clean, any normal method," is an acceptable substitute for a permanent label. If the consumer provides the material for you to make a custom garment, you do not need to attach a tag.

Content Label Laws

Attaching a label disclosing the content is optional for belts, armbands, suspenders, clip-on or permanently knotted neckties, shoelaces and sweatbands. Shoes are exempt, and hats do not need a content label unless they contain wool. The content label must show the country of origin for the fabric and the country where the garment was assembled. If the trim is less than 15 percent of the garment's surface, you do not have to identify the fiber content of the trim. Instead, you may simply show that the garment's fiber content does not include the trim, such as a label stating, "100 percent silk, exclusive of trim." The label must include your company name or registered identification number, available from the FTC. Tags do not have to be permanently attached, but they must be affixed in a secure manner until removed by the consumer.

Children's Clothing

If you make and sell clothing for children, you are subject to the Consumer Product Safety Improvement Act. The primary focus of the act is to limit lead and phthalates in products meant for use by children under the age of 12. Most new fabrics are exempt from the testing and certification requirements. However, buttons, zipper pulls or other trims may require testing or certification. In addition, clothing made for children under 3 will need to be evaluated for potential choking hazards, such as small buttons, rhinestones or sequins.

Labor Laws

The Fair Labor Standards Act established severe limitations for employees who produce garments at home. Women's apparel, gloves or mittens, buckles and belts, handkerchiefs, knitted outerwear and jewelry may not be produced in the home without certification from the Department of Labor. Employees providing embroidery work also must receive certification. Although in some instances the employer may be certified, in most cases, the employee must receive individual certification. Regardless of whether you pay the employee by the piece or the hour, you cannot pay less than the applicable minimum wage. Employees also are covered by overtime laws.