CPSC & CPSIA new laws bad fo all handmade children's items

[#1]

I posted this originally at ETSY NJ & plan on posting it everywhere I can.
The CPSC & CPSIA new law guidelines effect most of us - sign or start a PETITION NOW.
All of us should support each other and stand united to get exclusions or amendments or extensions for compliance referencing USA handmade products and small batch items to this new law by writing to our public officials. Even if none of your items are made directly for children ... Can you imagine an ETSY, FireArt, 1000 Markets, a local craft show or eBay without any children's items in it?

This is effectively THE WORLD'S LARGEST CHILDREN'S PRODUCT RECALL ever imagined. But without the option of returning the items for refund or replacement.

THIS NEW CPSIA WILL EFFECT ALL OF US that sell ANY products that can be consider for children. Not just toys and jewelry, but CLOTHING, ROOM DECOR, SCHOOL SUPPLIES, EDUCATIONAL AIDS, ART WORK, ART SUPPLIES, PILLOWS, HAIR BOWS so on & etc. if it is made for someone 12 & under to use it will be subject to the certified testing. Even HAND-ME-DOWNS as resales or vintage items will be subject to the testing. To read the whole "brief", 67 pages long, requires some basic law education but you can get the gist of it in the CPSIA's FAQ section http://www.cpsc.gov/about/cpsia/faq/faq.html#educational

This new law is blindsiding us by giving very little notice to comply to it, if we're even able to provide the proofs the the CPSC wants. It's been so under the radar the ETSY doesn't have a STORQUE article on it yet. Niether has eBay or most of the other online seller's outlets even mention the new law. I think there waiting for after the holidays to tells us that lots of the items we bought are now effectively illegal and that we should of never given them to our children in the first place. There should be some type of grandfathering clause included that parents shouldn't have to shell out more good money if they feel their child is in danger just because the government said the product is not longer safe.

This will put quite a few of us out of business. Even larger companies are having problems complying with the deadline or the batch material testing requirements. Here a set of excerpts from a recent CPSIA hearing http://www.youtube.com/watch?v=bUlY6zOMPqQ, http://www.youtube.com/watch?v=AlMh7MJiodY&feature=related, & http://www.youtube.com/watch?v=Bk0Vr0yDrXc&feature=related.

Don't just believe that the legislation will change on it's own, do something to let your voice be heard. Write a congressperson, tell ETSY what you feel about this law, blog about it, just get your voice heard by CPSIA that the law is impractical and bias towards small & cottage industries. People for a Greener Earth should also take up this issue since it will put an end to reusing durable children's products outside of the immediate hand me down process, sending tons of good resalable items to landfills.

Many items that were legal this holiday season will be banned come Feb. 10, 2009 regardless of if the child's product was a handheld video game by a super multinational corporation, a made in the USA pair of jeans from a local mom & pop retailer, or one of the fantastic wooden toys available at ETSY shops because it failed testing & needs to be reworked or wasn't tested yet. This means it would even be illegal and punishable by fines and jail time to resell or reuse, outside your own home, those items in anything that that would be for a child unless they were previously tested. So no one, even a consumer looking to green up the Earth a little, could list a child's items as vintage piece at ETSY or a sell it as used on eBay or at a garage sale without it having the the testing done.

Generals threads for any one :
http://www.etsy.com/forums_thread.php?thread_id=5938698
http://www.ipetitions.com/
http://forums.ebay.com/db1/thread.jspa?messageID=511163411&forumID=124&x#511163411

for toy makers :
http://www.handmadetoyalliance.org/
http://grecowoodcrafting.wordpress.com/

for children's clothing, doll clothes, hair bows, and accessory makers :
http://www.etsy.com/forums_thread.php?thread_id=5935443
http://www.ipetitions.com/petition/economicimpactsofCPSIA/

If you know of any more threads and sites that address the issue PLEASE post them here. To be informed is to be forewarned. Especially if this means you will have to close shop and retool your business towards something that doesn't deal with any children's products.

[Former_Member]

Ok, here's a thought: but has Etsy come forward with any information about their thoughts or involvement? I would love to see a Storque article about about it: whether they take a stance politically, or share it as an FYI- sellers NEED to know this!

If they haven't, maybe we should have an Etsy user write in campaign to ask for their input, and help sorting through information. I hope they don't hate me for this, but it might be easier to get their attention of they get a gazillion convos about it until they at least acknowledge the issue and promise more in depth info later. (please don't hate me for it..!) lol.

[Former_Member]

I don't know if I see any info coming from Etsy on this issue. Etsy likely wants to refrain from giving anything that could be construed as legal advice. Generally speaking, were someone to rely on Etsy's advice to their detriment, Etsy could find itself in legal trouble. Etsy puts the burden of selling a compliant product on the sellers.

[Former_Member]

this is so bazarre. (marking)

[LoblollyRidge]

so, if i stop selling anything that's knitted from my yarns, and sell the yarn only, would it then be exempt from the law as manufactured fabric is? as in, the fabric manufactures cannot determine what the end use of their product will be (maybe for children, maybe not), therefore, they are exempt. do i understand that right?

i'm not real good a legalese, and just wondering if anybody has any thoughts on this. my husband makes wooden toys and he's so far past livid, i may never see him again. he's already doing what he can, and fretting like a sick dog....

[Former_Member]

Wow! Talk about affecting virtually ALL of us! I just read the brief & signed the petition...thanks for the heads up

[StudioCherie]

I just signed the petition here:
http://www.ipetitions.com/petition/economicimpactsofCPSIA/
and urge you to do likewise

[Former_Member]

I think I should have the choice of what to give my child. Personally, I will never buy her the flame retardant PJ's because they are disgusting and filled with chemicals. I will always buy her 100% cotton non treated PJ's or make them myself. If Im a dumb-ass parent that can't keep my kid away from the stove that's my problem and maybe I shouldn't parent. I will choose what my child wears, chews on, eats, etc. NOT the government. I will raise my child, NOT the government. I am tired of them telling me what I can and can not give my child.

[ifanhour]

I just signed.

Everyone sign!

[LoblollyRidge]

ok, i just got off the phone with a lovely man named eric. he's with the congressional small business committee, and he had no idea what i was talking about. he gave me the direct phone # for the general counsel and small business ombudsman at the cspc. i'm going to call right now, and will report back any further info i can glean.

wish me luck. if they don't c-operate, i'll give out their #'s and we can all call... i may do that anyway.... be back soon.

[ArizonaSilverCompany]

I'm sorry but, I'm failing to see how the new guidelines would affect the small crafter or buisness unless you are actually manufacturing the item. If I use components that have already been tested and meet the new guidlines why would I have to re-test something that has already been tested. Makes no sense. The new law is aimed at the point of original manufacture and at items that are manufactured overseas.

[jewelscurnow]

They are trying to raise our kids for us, do not let them!

This will start a new black market!

[Former_Member]

Crap. Worse than I thought.

[LoblollyRidge]

celticpaws, say my husband makes a wooden boat from cherry, maple and oak. he would have to have all 3 of these woods independently tested. every time he made a toy, it would have to be tested because he wouldn't be able to prove that all the wood came from the same tree. we don't grow our own trees for our business.

i would have to test each fleece i use were i to make the wool into a piece of children's clothing or a baby blanket.

every book will have to be tested.

[Former_Member]

this is the first time i have ever seriously considered moving to canada.

or maybe australia? hmm

[Former_Member]

bookmarking, thank you to everyone who takes the time to write a letter!

[Former_Member]

I have contacted the media too....this is just unreal...most of the boutiques I supply did not know anything about it.
I think the best we can do is make calls and write letters to our congressmen both state and national...and our gov. I bet most of them know nothing about this!

[LoblollyRidge]

i've left messages with the office of compliance and the small business ombudsman at the cpsc. let's see if they call back. here are their #'s

Consumer product saftey commission
Office of complaince: 301/504-7626
Small business ombudsman: 301/504-7945

have at 'em!

[Former_Member]

I just called my father at work who works for the cdc, specifically niosh--they do testing in the "workplace" for lead, cadmium, etc...

he's going to go and read through it, network with colleagues and get back to me hopefully with some people/links, etc...to contact about all of this!

[Former_Member]

Spazspun says:
i've left messages with the office of compliance and the small business ombudsman at the cpsc. let's see if they call back. here are their #'s

Consumer product saftey commission
Office of complaince: 301/504-7626
Small business ombudsman: 301/504-7945
--------------

I say blog it:)

[Former_Member]

they should start by checking items coming from China first

[Former_Member]

wait.. i want a bit of clarification: is this already passed into law? like, it would take an entirely fresh act of congress to change it? or is it still up for vote?

and how have none of us heard about this until so recently?

[Former_Member]

Walmart and Target are behind this law ....I mean support it....they need to be contacted too.

[SkyviewClay]

blynkenandnod...it's a done deal.

http://www.gklaw.com/publication.cfm?publication_id=750

[Former_Member]

wow ... I hadn't heard anything about this! I was contemplating a business move into a children's jewelry line .....maybe not?

[Former_Member]

I'll apologize in advance as I haven't read all of this yet-every time I start I get major anxiety and have to stop. My questions is-I'm Canadian but what can I do to help? I just started this business and already have one wholesale account in the US with hopefully many more-but not if this legislation is enforced. My items are OOAK made from recycled materials-there is absolutely no way I could get everything tested.