Please Act on the CPSIA

So we all remember the lead-in-toys-from-China recalls right? Well, as well intentioned as our US Congress is (I am giving them the benefit of the doubt in this case), sometimes they let a knee-jerk reaction overwhelm logical thought. I believe this is the case with the Consumer Product Safety Improvement Act (CPSIA). This lovely little piece of legislation is a backlash from the lead found in toys from China that effectively makes it illegal (and with jail time people, not just a fine) to sell a product for children that has not been tested for lead. Do not mistake what I am saying. It’s not that it’s illegal to sell a product containing unsafe amounts of lead. Even if your product is lead-free, this bill makes it illegal to sell a product that hasn’t been TESTED. Not only does it apply to products manufactured after the Feb. 10th start date, it also applies retroactively to all products sold or marketed to children. The cost and hassle of testing, while a drop in the bucket for large manufacturers who are producing hundreds of thousands of units of the same item becomes prohibitive and unreasonable for a small business handcrafting tens of each unit.

A vintage toy in a thrift store? On February 10th, it will be illegal to sell it.
A hand-made wooden toy? Unless the wood and the glue and all the other components have been tested for lead at a large cost to the hand-crafter, it would be illegal to sell it.
A hand knitted baby sweater? Not only would it have to be tested for lead, but each COLOR of sweater and each MODEL of sweater would have to be tested individually.

There are a lot of grassroots efforts going on to make people aware of the prohibitive nature of this legislation on small businesses, but it hasn’t really hit mainstream yet, and time is running out. You can read more about it at change.org and vote in favor of changing this legislation to be less prohibitive to small businesses. You can send a message to your congress people all at once here to let them know this law need some change and ask them to represent you in this. If you are a buyer of local products, an avid etsy troller, or a collector of vintage children’s items, please read about this piece of legislation and take action.

If you make or sell children’s items, please consider joining the mail-in protest that my sister is organizing. She helps support her family with the adorable cotton booties and wonderful cotton kitchen items that I’ve talked about on this blog before. This business is what allows her to stay at home with her children. If selling her handcrafted items were no longer an option, she would have to have daycare for her little boys with Aspergers and go work outside the home. Chances are pretty good that you know someone in this community who makes a living (or even supplements their living) by selling children’s products.

Please, please, please take action. If nothing else, please tell others about this and get someone involved.

M

ETA: Thanks Stephany! I was not aware they had issued a clarification on the thrift store aspect of this issue. On January 8th, the CPSC issued a clarification for Resellers of Children’s Products, Thrift and Consignment Stores.

Let’s hope that they can issue a clarification for hand-made products and small manufacturers as well.

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A clarification has been made to the bill, to exclude reselling (i.e., Goodwill and vintage objects). These products do not need to be TESTED.
http://www.snopes.com/inboxer/pending/cpsia.asp

I saw this last week and was just horrified. I’ve already pestered my congressmen. I can’t imagine that they would actually pass something like this.

This is exactly why I think there should be less government, not more.

There seems to be a lot of confusion over this legislation. I’ve read things that make it seem like it won’t apply to knitted and sewn items but then I’ve read the opposite, too. I trust change.org and I’ll go read what they have to say.

My understanding is that as long as the manufacturer of the yarn, etc. used in the hand-crafted product has had it tested and certified, the crafter can rely on that. So, I thought it was just a matter of finding a supplier who had done the testing.

Further to Susan’s comment, Wikipedia has the following clarification regarding testing for Phthlates: “CPSC General Counsel Falvey provided an advisory opinion on 17 October 2008 that the phthalate ban does not apply to children’s footwear. Falvey provided an additional opinion on 17 November 2008 that the ban does not apply to wearing apparel, but does apply to toy costumes, bibs, sleepwear…” Further, the Wiki description indicates that certification of a product doesn’t need to be done by an individual on every item, but it must have been done by someone on along the production chain and the seller must be able to prove it. I don’t know if this is accurate, but if so it makes things difficult but not impossible for small mfrs.

However, my big issue is: what about the stuff already on the shelves? It has to be destroyed – really? Are they kidding? What a wreckless, ignorant plan for a policy that has the potential for good.

Thank you for taking the time to post relevant links for activism here, Miriam. I have been wanting to write my rep/senators for some days, but hand’t made the time to find the right info to actually do it. I agree with your post wholeheartedly. I participate in food preservation groups and natural parenting groups as well as fiber groups and there are a lot of members of all the groups I’m in that are really concerned about this legislation. I’m printing copies to mail now.

The comments to this pose underline the fact that what this law needs is more clarity. There is a lot of confusion about it, all over the place. I don’t object to new rules concerning product safety, necessarily. I think most everyone would like to have chidren’s products be safe. It’s just that this law doesn’t really seem to do that in a sensible way. It’s like taking a flamethrower to your house to cure an ant problem, as another blogger put it.

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