CPSIA and retailers

[Former_Member]

I'm so happy about this stay with the CPSIA, but I wonder what this means for brick and mortar shops. I've read a million and one articles on the stay, but the rules for retailers are a bit vague. Is it business as usual, or are there new rules for those of us with brick and mortar shops selling handmade toys and clothing?

[Former_Member]

Pardon me for sounding stupid here. My brain is mushy after stressing over this for so long. I woke up to the news this morning and I'm a bit, uh, puzzled.

[Former_Member]

I have a B&M and I have a few handmade items in here as well (quilts, coat racks, crochet & knit hats).

Since there is a stay, we should be able to operate as usual for the next year. I have high hopes that the law will be revised to exclude mom&pop manufacturers (an "under X gross figure production = N/A for the law" type of loophole).

Where are ya at? I am in Aberdeen, WA (and actually in the shop now ~ waiting for my happy customers to come and shop!)

Good luck to you (and all of us!).

♥B

[Former_Member]

That's what I'm assuming, too. I guess I'll just keep on keepin' on.

I'm in upstate New York. I, too, am sitting in the shop waiting for customers but we have a knitting class going on, so it's anything but quiet.

[TheTinyFig]

even though there is a stay and testing isn't required you still must comply with the new lead and phalates limits. basically it's the same thing as what they said to thrift stores only worded differently. you can sell but at your own risk.

[fabricfanatic007]

for B&M shops... it's business as usual... as long as your "as usual" was already abiding by the rules/policies. :)

[Former_Member]

Sweet, I can handle that.

[Former_Member]

As a retailer who carrys handmade items made by people in the community, I am trying to find out what has changed for me. CPSIA says that I am liable for what I sell and that I must get GCCs for each item. Now since GCCs are not required for the time being, how can I know if something is compliant or not? I assume that I have no liability under CPSIA for anything I sell until Feb 2010. Anyone know if this is true?

[TheTinyFig]

CBallas, I don't think you should assume anything. Think about a thrift store there is no way they could get a GCC for anything they sell and yet the CPSA says they are liable if caught selling anything over the legal lead limits.

[fabricfanatic007]

CBallas, I think you have to use your judgement (on what sort of "proof" you might want from "makers") when you're carrying handmade items. I personally am not worried about cotton blankets, bibs, burpcloths... stuff like that. But, rhinestone hair clips, jewelry, any painted toys and anything that goes in a child's mouth (teether toys, etc.) I'm going to pull off my shelves until I either get some sort of component proof from the maker of the item. Either that, or I may go ahead and test them myself (those particular items)... if I want/need to sell them that badly ;)

[Former_Member]

You have to use your best judgement. You do have to adhere to lead levels and the other one but testing is currently not required but that was also the same as before this blew up. What happens if it isn't the right levels...who knows.

[Former_Member]

If I will have the liability for non compliance, then I will only stock items that have GCCs. I can't afford to take on that kind of liability for fines of $100,000 for each violation. It is not reasonable to think a retailer would do that.

[Former_Member]

For the record, I don't mean to sound harsh at all. I have always tried to provide a marketplace for local crafters to sell their items alongside my resale ones. Many of my customers enjoy purchasing the unique and personal items that these crafters offer so it is with much sadness that I have to decide to stop stocking many of these items. CPSIA may still put me out of business.

[fabricfanatic007]

No, I completely understand your stance on things. I'm in somewhat of the same situation, but most of my items are blankets, bibs, burpcloths... stuff like that. I will be pulling the other items. Unless, as you say, they can provide a GCC (or I get it tested). Good luck to all of us! :)

[Former_Member]

In my boutique... I will be asking all of my handmade vendors for copies of their component certifications. They aren't that difficult to obtain. I've already gotten all the ones I need for the few pieces I make.

If you're all curious, my bigger manufactured lines have all sent their GCCs with the new Spring shipments. I think everyone... big and small is just trying to be responsible.