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

[yarncoture]

Thanks bobbinalong for doing this! Ever since I learned about this new law I have been scrambling around trying to get some clarification. Hopefully this will help, as I have at least 10 items in my shop that could be in jeopardy.

[yarncoture]

Are yarn companies and fabric companies going to be required to be tested if THEY sell products targeted at children under the age of 12?

[Former_Member]

I appreciate everyone who is keeping us updated and am working through the links for petitions ,etc. This would be a great loss to the arts community if passed.

[yarncoture]

I'm posting a link to this on my twitter page..hopefully more ppl will see it.

[Former_Member]

marking for later!

[Former_Member]

marking

[CeramicsFloorcloths]

I would really love clarification on this whole thread please. I'm in Canada and don't know anything about this .... nor do I know what CPSIA stands for...is it Consumer Products Safety Inspection...something ?
I would appreciate someone filling me in - thank you very much.

[Former_Member]

georigiesmom, it's the Consumer Product Safety Improvement Act. There has been a lot of controversy over it in the past few weeks and also a lot of misinformation flying around. Many makers of children's products are talking about closing shop which I think is horrible. I couldn't find anything in the actual wording of the law that made it sound like it applied to manufacturers at the micro scale such as etsy sellers, but the big problem is that there is nothing in the law stating specifically that it DOSN'T apply to them either.

[Former_Member]

Oh, and the law requires third party testing and certification proving that any product made for the under 12 age group classified as "kids products" don't contain lead.

[Former_Member]

yarncoture says:
Are yarn companies and fabric companies going to be required to be tested if THEY sell products targeted at children under the age of 12?
-------------
good question!

[Former_Member]

Thanks so much, bobbin!

My concerns, questions, and ideas are almost identical to those of turtleparktots and threeredtrees.

*Because I am using fabric and thread that I buy at my local fabric store, I would think that the most logical solution would be to require the companies manufacturing the fabric to be testing their product. If the fabric is tested, found to be safe (as I'm positive it is!), then why am I required to test my finished product when the only alteration to the materials is sewing two pieces of fabric together?

I am a mother of two little girls (soon to be 3!), I don't think anyone is more concerned about the safety of children than moms. BUT, this law is ludicrous. It will put more small businesses OUT OF business than anyone can possibly imagine. Yes, we need to keep our children safe by testing toys that actually ARE harmful. Those that really do have harmful levels of lead and pthalates. Our handmade items do not fall into that category. Pleae don't punish those of us who are already trying to keep our little ones safe simply to go after the "bad guys".

[CeramicsFloorcloths]

BeckyRose, thank you very much for your explanation. I don't know what to say....I imagine there must be some exceptions for very small businesses...just as there are with tax laws? I would like to read the full document. Do you know where I can find it please?

[Former_Member]

As a business person, I share many of the same concerns as everyone here. If the law is interpreted to mean that my small, home-based business must do 3rd party testing, then I'm done. I'm out of business. Everything I make is meant for children.

As a mom and crafter, I am concerned about my supplies that I buy both retail (like at Joann's, Hobby Lobby, Hancock's, etc.) and wholesale (like from Michael Miller and American Apparel). How do I know that what I make for my family, especially my children, is safe if there are no certifications of the fabrics, threads, zippers, and buttons that I use?

(Actually, I'm pretty confident that there are not any dangerous contaminants in those items. There is some risk with the zippers and buttons, but I can't believe there would be a big problem with them.)

Component testing would solve BOTH issues. I could keep my business and buy confidently to do my crafting for friends and family.

I'm more concerned about the number of items I buy that are "made in China." Even some of the food I buy is from there. I have to tell you that I am afraid to buy anything from China. I look for "Made in U.S.A" or "Made in Canada."

[Former_Member]

Jewelrydesignsbyme, excellent questions and thoughts!

[lilbritknits]

Something else to consider is the permanent labelling that comes into effect in august. How do you permanently mark a hand knitted set of booties?

[qbranchltd]

It is not so much a question that needs to be answered as much as the need for these regulations to exempt the home cottage businesses that handcraft. No one can afford the cost of testing. No one of a kind item can be tested as testing destroys the item.

One hundred percent natural materials need to be exempt. There is no way to test wood and still have usable wood. And be testing wood by the board.

Component testing by manufacturers of the components makes sense - but there are going to be manufacturers who will not comply stating that their "supply" is not intended for use by children under 12 and in some cases will be able to get away with this.

This is all very complex. It is an understanding by CPSC of the home craftsperson and cottage industry in America that is necessary, because so far their answer to all of the questions has been, "Oh, yeah that is too bad. Get it tested."

As the actual law is written as it came from Congress - and not the regs that have come out of CPSC, the intent of this law was to stop foreign imports that contained lead and a certain chemical found in some plastics - and not to cripple American business or put home cottage industries out of business.

[Former_Member]

marking

[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?
--------
Amen! Makes no sense to me at all!
I don't get the whole thing about artwork either, because, really, is someone going to pay $15-20 (or even hundreds more) for a print, or *any* piece of art, and then give it to their toddler to put in their mouth? Really?

[bobbinalong]

Anyone else?

[Former_Member]

Excellent questions, everyone. Mine are of similar vein:
I make hand-dyed clothing starting from blanks bought from reputable places like American Apparel. I couldn't possibly afford final product testing that seems to be required on clothing that is color-altered. Each piece is OOAK and already tested at the manufactured level. Will I be exempt from testing because of the possible cottage industry exemption that has been mentioned or the OOAK exemption or both or (gasp) none?
Thanks for this thread and everyone's efforts at clarifying this issue.

[Former_Member]

and what about vintage/antique childrens' items collected by adult collectors?

what about items made from materials where it's impossible for the product to contain lead? (I can't legally BUY lead based paints or lead based dyed materials in the US... so how will my finished items be likely to contain lead?)

[Former_Member]

"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?"

___
What about the parents who will suddenly not have access to reliable day care so they can continue working?

(Small certified daycare centers, not only provide jobs, but make it possible for single parents to go back to work... If the day care center can't afford testing of their current equipment/toys, they'll shut down... not only the day care workers will be out of work, but parents will be hard pressed to find safe certified placement for their children so that the parents can work...)

[Former_Member]

I can feel the angst here! Really, I feel like my future is hanging by a thread, and do you know who holds it? A huge, meddling, federal government of do-gooders. I am really angry that Congress thinks they can just forget about us "little guys". And I am scared, too. I'm really scared that with just one ill-conceived law, that the livelihoods of thousands of small business can be wiped out. Doesn't that scare any of the rest of you? That is just too much power in the hands of too few. I hate the idea that we have to bow and scrape and plead with our representatives to please, please, please, let me continue to make a living and not impose onerous beauracratice burdens that will crush the life out of my business. That really stinks. I thought that the progressives and democrats were on MY side and wanted to protect MY rights. And here, they are grinding me under their jackboots. Do you think Obama can save us?

[Former_Member]

Obama voted to pass this law too, didn't he?

[Former_Member]

I keep hearing conflicting information regarding one of a kind items.
but yes, xerxesunicorn - I'm pissed.