CPSIA - Y2K all over again?

[#1]

I have seen threads all over the place about shops closing en masse, illegal toys, the cost of testing, etc, due to CPSIA.

I admit that I haven't read or really paid too much attention to the CPSIA thing. So have no idea how, or even if, I will be affected in this shop or my other shop, momentinthesun.etsy.com or affected as a Canadian.

But I'm wondering if all this will be akin to the Y2K hysteria. When Feb rolls around, will we actually see the huge impact that people are expecting or will this be a minor blip on the radar?

I don't know

[justjillhandmade]

What happens to Canadians like me ... ?

[Former_Member]

Justjill, you can't tell untested items to anyone in the U.S.

[justjillhandmade]

Well ... how can that be controlled really? You can send it off & list "gift" on the customs tag. I mean, what if Americans are shopping in Canada for clothing & then when they go back home .... will Customs check all their suitcases/purchases?

[Former_Member]

If Etsy sellers start policing Etsy as has been discussed on this thread, I suppose the evidence of a transaction would likely be enough. If they wanted to "turn you in," you'd have to produce your compliance testing.

If we buy items in another country and bring them back home, I don't even know if the law confers jurisdiction over that. I think the sale needs to be made here in the U.S. But in any event, it's probably a moot point. I don't see customs putting children's items on the contraband list or anything.

[Former_Member]

The way it is currently written, it covers anything made in the USA for sale anywhere in the world, and anything being shipped to the USA for use in the USA, that is intended for a child 12 or younger.

So, if you sell in Canada, to an American, in Canada, it is fine. BUT if you ship that item for them, then it is in violation of the law. Or if they resell that item within the USA, it's a violation.

[Former_Member]

I just wanted to say, in response to those who worry that commenting here on the forums doesn't do any good-
I'm not a crafter or an Etsy seller, but I am a blogger, and I used these forums today to educate myself further on the CPSIA and its problems. I shared that info on my blog, and I have directed others to come here to read to keep up to date as well.
<a href="http://heartkeepercommonroom.blogspot.com/2009/01/cpsia-ruling-requiring-testing-and.html">Here's that blogpost.</a>

And here's another large blog with a pretty large following (on a good day, I get a thousand hits. On a slow day, I bet they get ten thousand) and they blogged about it today, with video as well. They missed the craft connection and focused on second hand stores, but I have shared information I got from these forums in their comments.
http://hotair.com/archives/2009/01/07/video-cpsia-threatens-thrift-stores-and-charities/

Talking about it does help.

[Former_Member]

Sorry for the ugly hyperlink. Didn't realize they didn't work here.

Here's the blogpost where I shared information from several links, including sources I found through these forums:
http://heartkeepercommonroom.blogspot.com/2009/01/cpsia-ruling-requiring-testing-and.html"

[Former_Member]

I don't suppose there are any really really small adults out there who will be needing shoes? Say, 4-6 inches long? Didn't think so.
Well, if this is akin to Y2k, which, it's really not, I can always eat my shoes when the food runs out.

[annemusingdesigns]

There was a thread earlier that where the reporter said the big companies had 2 years to unload the toys, etc currently on the shelves and being made now. So, we should have 2 years..

Can I give you the article? No.. So, yes I am quoting hearsay.. There are always loopholes.

[annemusingdesigns]

I am catching up on this thread. I want to clarify that I do know many of you are affected by this law. I apologize for coming across so callous. I meant to say, I think many are acting too quickly to shut shops. Believe me, I really think the government doesn't have the time or the resources to go after the little guys. They want to make sure the large manufacturers tow the line first.

I am so heartbroken this has happened. It is evident that lawmakers had been blind to the impact on small businesses. It is also evident that some are listening and going to try to help.

Again, I am sorry for using that analogy.

[Former_Member]

annemusingdesigns, when I grow up I hope to apologize as nicely as you.

do you know what I think might be a closer analogy? Prohibition.

It drove some otherwise law abiding citizens to be law breakers, created organized crime and a market for black marketers and home-brewers, and had all manner of 'unintended consquences,' with almost none of the desired positive results.

And I'm a teetotaller.

[Former_Member]

I'd like to know where folks are getting the "reasonable testing program" information. Becuase that is not the information that I have received. I would like to review your source and bring it up to the person I speak to at the CPSC for clarification and confirmation.

[annemusingdesigns]

DeputyHeadmistress - Thank you. I agree, Prohibition! That hit the nail on the head! I remember my Grandmother talking about it, and her flapper days. LOL! NASCAR would never have been developed if it weren't for the alcohol runs they made in their cars!

Thanks for that analogy!

[Former_Member]

sometimes the person who gave the information to the reporter has it wrong, or the reporter doesn't write something down quite accurately...

and we can't rely on the news to cover our butts.

[Former_Member]

Go to this link http://www.cpsc.gov/cgibin/info.aspx and please contact the CPSC even if you do not sell childrens goods or handmade childrens good could disappear on 2-2009... The more that contact the CPSC directly the better! Also email you local senator and congressman...

Forward this site to everyone you know and ask them help save handmade childrens items before it is to late!

http://www.cpsc.gov/cgibin/info.aspx

Thanks!

[Former_Member]

I could continue to sell but my concern is The CPSIA making it impossible for my business to grow. I am in a IDA saving program designed to help small businesses get going, in hopes to open a store as well as seeking loans for startup, that has all been taken away. I cannot see any bank giving me money to start a business that I can't afford to keep legal.
My startup costs were at around $11,000. That could double just to cover the cost of testing each item in each size.
So for now I will take my talent and design my adult line for Spring and wait. I can't afford to invest $ into next season for kids clothes if I can't find legitimate placement for them. Expect a sale here soon:(

[Former_Member]

I think a lot of us are in that same boat, HowlandHush - where you look ahead and can't quite figure out how you are going to keep dodging the bullet, or pay for testing, or ask for a loan, not to mention grow your business.

No answers here...I refuse to accept I won't be able to get back to making plushies for everyone. I'll kick and scream as much as I can about it to the powers that be.But in the meantime, I am going to keep working, and make things for the 12&up gang.

Although plushies for adults made from undyed cotton sounds a little grim. :)

[Former_Member]

What certifications are required for children�s toys and child care articles subject to the phthalates ban?

Children�s toys and child care articles manufactured on or after February 10, 2009, will need a general conformity certification based on a �test of each product or a reasonable testing program.� Starting in September 2009, children�s toys and child care articles will have to be certified based on third-party testing of the product by accredited third-party laboratories. The Commission must post its procedures for accrediting labs to test for phthalates in June 2009.

Posted 12/04/2008.

This is from the FAQ here http://www.cpsc.gov/ABOUT/Cpsia/faq/108faq.html
obviously that only applies to phthalate testing, I'll go see what I can find about lead testing.

[Former_Member]

and for the lead testing

What certifications are required for children�s products that are tested for lead content?

Children�s products manufactured after February 10, 2009, when the lead limit may not exceed 600 ppm, will need a general conformity certification based on a test of the product or a reasonable testing program for products after that date. Children�s products manufactured after August 14, 2009, when the lead limit may not exceed 300 ppm, will have to be certified based on third-party testing of the product by accredited third party laboratories after that date.


http://www.cpsc.gov/about/cpsia/faq/101faq.html

So, it's not hearsay, it's from the cpsc website.

[Former_Member]

Thanks, monkeysnuggles! :)

[Former_Member]

Ok, Thanks for that source. PERFECT. I have read so much from the CPSC site that it's difficult to remember where to find it all. I think I will be calling again and adding it to the list of questions I am asking for clarification on.

[Former_Member]

There would definitely be a lot of questions answered (at least for now) if someone from the CPSC would just say what they consider to be "reasonable." :)

[Former_Member]

I am very ignorant on this subject, unfortunately, and I was wondering how the new law differs from existing statutes. There has been a long time limit on lead and other substances. I understand they are going to require used items to be tested to assure they meet new standards of safety. My question is, if you were making kids stuff before, when regulations were already in place and you didn't have to test to assure they met federal standards, what has changed now to say that you now have to test if you hand make kid stuff. I know the big boys were required to test before, what has changed to require the little guys to test?

[Tsurfer]

My local paper put me in it because I have a kids section and will be closing it down after the 10th of Feb.
http://www.tecumsehherald.com/node/1420

[Former_Member]

Y2K did not happen because of all the IT specialists who worked day and night throughout 1998 and 1999 to prevent it. My ex-husband was a computer specialist for the federal government, so I am well aware of what that was like for them. The entire industry took Y2K very seriously and prevented what could have been a major disaster. Then, when it didn't happen, average Joe on the street said, "See, false alarm!"

That is like saying crime is low, so we don't need a police force.

We need to change the CPSIA law and we won't have a problem. But, if we let this thing slide through without a fight, we deserve whatever long-range situation we end up with.