CPSIA - QUESTIONS We need to have answered - ONGOING

[#1]

I talked to my Congressman's office this morning. Below is the email I received back from him. It is addressed to all of us. I put the attachment at the bottom. Control + click on it to open it.

I had emailed him one of our threads earlier this morning. As this thread builds with your questions, I can email it to him.

His reply to me. ===================================

Judy,

See the attached request for comments recently issued by CPSC. This seems to be a major issue with regard to handmade products.

This is an opportunity for you – the stakeholders – to provide input to CPSC about how you believe CPSIA will impact you and your suggestions for clarifications and steps that could help ease the burden (specific to testing requirements for component parts).

If you can provide me with a list of specific questions you have I’m sure our office would be willing to communicate with CPSC in an effort to get accurate answers (although it seems that final decisions/interpretations and, therefore, complete information on this won’t be available until sometime after the comment period ends on Jan 30).

http://www.cpsc.gov/about/cpsia/ComponentPartsComments.pdf

[Former_Member]

Thanks so much for all of your hard work, bobbinalong.

I am carefully thinking about my questions for the CPSC and will post them as soon as I have them formulated. But for others who would like to ask questions, here are highlights from the issues that the CPSC is specifically asking for comments about:

How the risk of introducing non-compliant product into the marketplace would be affected by permitting third-party testing of the component parts of a consumer product versus third-party testing of the finished consumer product.

The conditions and or circumstances, if any, that should be considered in allowing third-party testing of component parts.

The conditions, if any, under which supplier third-party testing of raw materials or components should be acceptable.

Assuming all component parts are compliant, what manufacturing processes and/or environmental conditions might introduce factors that would increase the risk of allowing non-compliant consumer products into the marketplace.

Whether and how the use and control of subcontractors would be affected by allowing the third-party testing of component parts.


I would think that the first three points are the ones that most of us need to address in our comments. They impact us directly.

I can't underscore enough the importance of submitting these comments to everyone! This is our forum where the CPSC will hear us directly. It is after taking these into consideration that the CPSC will formulate the regulations about testing that will either save or put our businesses into extinction. This is SO important!

[Former_Member]

bobbinalong says:
Why can a mom go to a fabric store, purchase a pattern, fabric, thread and make her toddler an outfit. I can be standing beside her in the fabric store, at the cutting table. I purchase 2 yards of the very same fabric, from the same bolt, and take it home and make a toy or doll dress to sell. Why do I have to have 3rd party testing?

FANTASTIC point!

[Former_Member]

Why do people from the CSPC keep giving out info contradictory to the wording of the law over the phone?

Why should all-natural products (wool cotton, wood, bamboo) have to be tested?

If we are not altering the componants we are using (i.e. not fusing, heating, painting anything) why can't we use manufacturer supplied testing certifications?

Why can't we use XRF testing technology? This is much cheaper and it doesn't destroy the product.

How are we expected to test OOAK objects when the recommended testing method destoys the item?

[Former_Member]

I just got a letter from a gal I've been talking with who's very close to this whole subject, and the CPSC is in fact asking for comments about components vs units and it's very encouraging:

"Dear Margaret,

The new CPSIA passed in August 2008 imposed numerous new certification, testing, traceability and other requirements on manufacturers and sellers of toys and other children’s products. These requirements are very complex and the schedule for implementation was very short. The Act was passed in response to the millions of imported toys that were recalled in 2007 and 2008 for lead paint, lead, ingestible magnets etc. The safety problems were found in mass produced, imported toys and jewelry not in US made toys and children’s products manufactured by small companies.

*The US makers of handmade, organic, specialty etc. toys and children’s products have now organized a public relations and lobbying campaign to communicate to Congress and the CPSC that some of the new rules will drive small US companies out of business because Congress passed the law in reaction to millions of recalled imported products and did not analyze all of the implications of its regulatory solution.*

The CPSC *has now issued the attached document asking for comments on testing of component parts and not necessarily the whole end product*. This may mean that the CPSC is *finally starting to understand that the new Act can really only be complied with my companies manufacturing and selling mass produced goods* as opposed to small producers of hand crafted items.

Many of the CPSIA implementation dates start on February 10, 2009, such as the certification and testing requirements. I believe that some of the requirements will be postponed or revised now that the plight of the small US companies has come to public attention.

If I were you, I would not give up hope but just make sure that your products do not contain lead paint, lead that can be accessed by a child, sharp edges, small parts that can become detached and choked on by a child under three, no PVC, etc.

I think before February 10, 2009, a solution to the plight of small US manufacturers will be found in a manner that still assures safe products but does not put the US industry out of business.

A summary of the new Act can be found on the CPSC website or the Toy Industry Association web site so I am going to try and repeat what is already out there.

Please contact me if you have any questions.

Best regards,
(signed)
***
Attached was a pdf document where the CPSC was requesting comments and etc. to:

sec102componentspartstesting@cpsc.gov

Not only should you send your comments, but in particular stress what you produce is in spirit with the new CPSIA (non-flammable materials; no sharp corners, choke-free, lead-free and plastic free, etc.).

There's the "law" and often there's the "spirit of the law" which also has significance, particularly when the laws are pretty much up in the air and it's so complex not even the ones making it up know what's what.

Just look at the IRS. Call 5 different agents, get 5 different answers.

[Former_Member]

Well that was an encouraging response crafty!

[TheFurkidStudio]

I just found this on the Handmade Toy Alliance Google group:

2. One of a Kind Items: From the TIA webinar, it appears that the CPSC will
not enforce CPSIA on one of a kind and custom-made products. We do not have
this in writing and we do not have a definition of what a one of a kind
product is. But, it's a hopeful sign even if you can't hang your hat on it.

Read more here:
http://groups.google.com/group/handmade-toys/browse_thread/thread/a18aedbf057459ca

[Former_Member]

GREAT post! Marking for later!

[Former_Member]

Marking for later, making dinner right now.

[chatnoirstudios]

huge sigh of possible relief.....

[cindylouwho2]

marking for my team

[Former_Member]

Threered- You are my hero today. Seriously, I don't think you know the extent my blues over this were affecting me. I am 100% OOAK and I am feeling about a million times better about it.

[Former_Member]

Very interesting, thanks all!

[Former_Member]

Here is a question I have.

Who is responsible for testing items on the store shelves as of February 9? My understanding is testing of new items can be done with a hand-held testing machine from February until August when the lead limit lowers and then the third-party testing will begin. But I asked my local kids consignment shop (which sells both used and new items) and they are under the impression they can keep everything on the shelves unless a recall is issued for specific products.

[TheHayPatch]

I was wondering the same thing LitteDickensDesigns. I wholesale to two western stores. Can I continue to wholesale until February 10? I don't want to if in turn they will have to remove my items off the shelf? That will make me look bad and I have a very good repore with them. This all does sound a little more promising but I am being very cautious.

[Former_Member]

I posted this at another thread as the OP but the author here requested that I post it here as well.


I just had a nightmare of a though concerning the new CPSIA law. In one of the General Counsel Opinions at the CPSIA page they mentioned that educational materials, stationary, and school supplies will require testing under at least the lead limitations portion of the law ... Where will any elementary to middle schools get the money to replace / test all their existing "toxic" till proven otherwise equipment, books, & general supplies? Are my property and / or state taxes going to skyrocket to cover this? Will the IRS hike the federal income tax to provide federal grants to help out? What about private & charter schools? Will tuition jump to all time new highs? And how about daycare and nursery schools, where will they cut cost to scrape together the money?
Has anyone heard definitively if any of these institutions will be granted any protection or extension for compliance?
I know some are thinking, well it will only need testing if the schools are purchasing new items after Feb. 9th, & that testing will be done by the manufacturer or publisher. Looking at how some school boards / districts have been about liability lawsuits, closing school play grounds, removing certain gym activities and sports, limiting recess time & so on, they may feel the need to get their stuff certified just to cover their backsides.

[cindylouwho2]

GreenValleyKids says:
bobbinalong says:
Why can a mom go to a fabric store, purchase a pattern, fabric, thread and make her toddler an outfit. I can be standing beside her in the fabric store, at the cutting table. I purchase 2 yards of the very same fabric, from the same bolt, and take it home and make a toy or doll dress to sell. Why do I have to have 3rd party testing?

FANTASTIC point!
------------------
Well, no. Why can you have a dinner party without scrutiny but you are required to follow stringent health & safety guidelines if you start selling your food? If you accidentally poison your kids by not cooking the meat enough you aren't generally held legally responsible but if you accidentally poison a restaurant full of people you can bet there's going to be a serious enquiry about the temperature of your ovens etc.

If your kid chokes on a button you sewed on a toy for them, ditto, but you can be fined for selling that same toy to the under-3 crowd.

Not saying I support the legislation, but be careful you don't make arguments that actually hurt yourself!

[bobbinalong]

It is all getting out of reason, isn't it? No wonder we have so many health problems. We worry about everything, we test our abilities, we are full of fear. Fear in what we do, in what we purchase, in how we are raising our kids, on how we live our lives. Common sense has pretty much gone by the wayside. We don't just live anymore. We don't enjoy this one life we are given. We don't appreciate what is around us. And be thankful for all that we have, beautiful children, families, friends, the sky and the earth, the rivers, the birds, animals. We don't appreciate the fact that the sun will rise every morning and fall every evening at about the same time. We don't look at the moon in amazement that people everywhere will see it. Where has our appreciation for life gone?

[Former_Member]

Lets give the USA economy a boost for a change. The USA has been rather diligent about removing hazardous materials from the marketplace. For example, you no longer can go out and buy a gallon of creosote for treating fence posts (the creosote is carcinogenic). You have not been able to buy leaded paint for several decades in this country (the lead is toxic). Lets have a CPSIA exemption for products made from raw materials produced in the USA and known to be safe. The only "certification" that would be necessary is that the raw material is a domestic product. Exemptions could also be granted for raw materials from our Canadian, European, and South American friends having hazrdous materials laws similar to the USA.

For any product for any age group made from raw materials in countries that do not have hazardous materials laws similar to the USA, the products must be tested before importation.

[littlegirlPearl]

I'll be sending in some questions too, but I just found this amazing petition on the toyalliance.org website. Here is the link:

http://www.toyassociation.org/AM/PDFs/Safety/CPSCPetition1208.pdf

tons of good suggestions here.

[littlegirlPearl]

Eclectica, the law that was passed in November provided for a very large increase in the budget of the CPSC to enforce this law. Cheryl Falvey, general counsel, stated that they were going to be quite aggressive in their enforcement. How they accomplish this is another matter.

[TheFurkidStudio]

So I'm wondering now, as I'm watching my toddler trying to steal the dog's toys--will plush pet toys have to be tested too, since the CPSC considers ALL PLUSH to be for children?

Again, I just can't imagine how this is going to work.

[MaggieRuthCreations]

marking for later, thanks

[Former_Member]

threeredtrees ... I asked my husband who manages a large chain pet store about the dog & cat toys that resemble childrens toys. His answer was they'll do nothing until they get a directive from their corporate offices. He said that's what the bookstore and the dollar store are also doing. There's a feeling in the general retail community, especially with purchasing being down & after holiday layoffs coming, that you don't rock the boat. So these managers are not even asking for clarification to alert their home offices that the law may apply to them.

[bobbinalong]

Any more questions?

[Former_Member]

marking, thank you