CPSIA- I want input on the idea of OOAK's being ok.

[Former_Member]

I think this might be because the law refers to manufacturers and private labelers, and many definitions of "manufacturer" involve mass production, and I don't think most of us could be called private labelers, right?

So wouldn't it all hinge on how the CPSC defines "manufacturer"?

I'm actually thinking I feel ok about continuing all me one of a kind work.

Anyone else?

[Former_Member]

That is, unless the CPSC comes out and defines manufacturer as anyone who makes things, or unless anyone else can find a legal definition of the word? (I couldn't after a bit of searching)

[Former_Member]

I be a pirate. ARRRGH!

[HeatherJonesStudio]

That's my concern too. The vast majority of my work is one of a kind, and I definitely don't consider myself a manufacturer.

[Former_Member]

I believe, most of us would sign up as Independent Artist. It just sounds so much more romantic!

[Former_Member]

I'm ok with romance. :)

Does anyone see a flaw in the logic?

I feel a bit like we got swept into this by technicalities, and don't really mine using technicalities to get around some of it.

I'm still going to put a larger focus on safety in my products, though

[BikiniSandi]

If the Feds come after me for making teddy bears or baby booties, I plan to alert the media and make a complete circus out of it. They will look pretty stupid and I won't care how I look because the media exposure should be great for my business.

When the prisons are full of grannys that crochet, will they then let the hardened criminals go?

[Former_Member]

I would love for an official word - preferably on their website. I am going to continue creating as my items are one-of-a-kind and the CPSC spokesperson has provided for a exclusion of 3rd party testing for OOAK items.

Here is a excerpt from the article. I have included the link at the end.

"There are exceptions to the testing rule for crafters making only one unique copy of each item, said Julie Vallese, spokeswoman for the Consumer Product Safety Commission.

Here's the link to the story:
http://www.mgwashington.com/index.php/news/article/mom-and-pop-toymakers-fear-new-testing-regulation...

[Former_Member]

PoppyPatch...they've since said that the statement was "taken out of context". Just how it could be taken out of context, I don't know.

[Dannielle]

I'm hesitant to put much faith in anything attributed to Julie Vallese as she just resigned the other day (no idea if it was her idea or if she was asked to resign). But I don't think her words carry any authority anymore.

[Former_Member]

This is from the CPSIA:

(10) MANUFACTURED.--The term ‘‘manufactured’’ means to manufacture, produce, or assemble.
(11) MANUFACTURER.--The term ‘‘manufacturer’’ means any person who manufactures or imports a consumer product.

According to them, we are manufacturers as I understand it.

Here's the document link:
http://www.cpsc.gov/businfo/cpsa.pdf

It's on page 7.

[Former_Member]

meandmygirls...that stinks!

I've been wondering the same thing. Thanks for the clarification. :)

[Former_Member]

I don't see how they could get on you about it, if you make things from all new materials and have the receipts to prove. If it's sold in fabric and craft stores it should have been tested before they received it, so why would you have to have it retested?

[Former_Member]

You're welcome NaughtyLittleMonkeys. Yes, I agree with so many others that the testing should be done at the supply level whether it's for children or not. Children live in the same environments as adults.

[Dannielle]

PatternsNew2U says:
I don't see how they could get on you about it, if you make things from all new materials and have the receipts to prove. If it's sold in fabric and craft stores it should have been tested before they received it, so why would you have to have it retested?
********************************

Because that's what the new law says...the final product has to be tested.

[Former_Member]

I wonder if we could get away with saying that our items (like if they are toys) are "collector's items" and not specifically meant for children? heh heh heh... i mean if someone who buys it wasn't to give it to children that's their prerogative... seriously, I don't really make kid's stuff but sometimes I make plushies that my adult-aged friends enjoy (dragons and unicorns and stuff). I mean I don't know how they decide if something is meant for kids, or if we as "manufacturers" are who decides that.

Although I really agree with meandmygirls about supplies. I wish I could go in there and change the law myself, haha... I think it makes a lot more sense to make sure all supplies are lead-free because everyone should be avoiding lead, not just kids. then it pretty much would only apply to major manufacturers (except the few people who maybe raise sheep and spin their wool themselves or something.)

[Former_Member]

ugh.. "wasn't" in first paragraph should be "wants"

[Former_Member]

thanks for posting that, meandmygirls! that helps a lot.

the other thought i've had is about the idea of "reasonable testing standards" that are to be in place before mandatory third party in august.

"reasonable" ..what is reasonable on this level? seriously? personally, i think that using supplies that have been tested or are reasonably expected to be lead and toxin free (such as cotton fabric) is reasonable.

maybe i'm grasping at straws, but at this point i'm feeling freakishly determined to find a way to work with the law.

[BikiniSandi]

Can't you see it now? Someone wants to buy a handcrafted doll and we refuse to sell it because we believe they will put it in the hands of a minor?

[Former_Member]

I hear ya blynken!

[Former_Member]

SugarAndSpice - Thank you for that information. I hadn't seen that... bummer!

[Former_Member]

If logic is to prevail (I know, I know... maybe too much to ask), there is going to have to be an exception for OOAKs. Or there will have to be a ruling that component testing is allowable. Any other result will essentially be a decree that any OOAK item made for children is illegal. I keep telling myself that this won't happen... right? Ugh.

[MurphysArtisanCrafts]

I would have always thought making anything is manufacturing it - does not have to be MASS produced

[Former_Member]

My items are OOAK, so I see no way to test them, that said, I am not assuming anything until it is set in stone. There are certain things I am a big sissy about, and possible huge fines and jail time are one of them. :)

I hope they get this worked out soon.

[MurphysArtisanCrafts]

I believe the only way to test something is to send it out to be tested - quite expensive - but cotton, wool and I think satin - have been exempted. It was in the storque article