Has anyone been prosecuted for non-compliance?

[Former_Member]

Has there been any cases yet of small crafters being prosecuted for not complying with CPSIA?

[TandemElementsShop]

*I've actually wondered about this aspect of the new laws... so I'm marking to read later

[FayeMaloneDesigns]

As of now, we don't know. But the law is one of those laws that nobody read and they (not really they as all of us, small they, let the special interest groups, like eat only weeds and dirt write the law, but they give a hell of a lot of money to our reelection funds, so what the hell, write what they want, and we will vote yes on it.)

Heck, they (your congresspeeps) thought it would only hurt Mattel, ((damn them they haven't given us a big contribution, or taken us to China for good eats)), so they know nothing about the little people (after all we aren't the WORKING CLASS, nor are we THE MIDDLE CLASS).We are just the dumb smucks that make all the pretties that they buy, as cheep as they can on Ebay and Etsy.

I can't even say anymore, I am so darn right done with almost every darn one of the As.holes in the government. Their kids go to fancy, smancy private schools, and they do their damnest to put us out of business for a stupid plastic zipper. Yet they write in to the law that MATTEL the biggest reason this law was written can have an IN HOUSE testing lab in CHINA where the crap came from!!!!!

[Former_Member]

Not to my knowledge, I'd expect they'd have their hands full at the moment debating the finer points of the law (they are still working out what qualifies as a children's product) and making sure the big companies are cooperating.

Not to say that small manufactures shouldn't aim for compliance, but it will be a while before they start knocking on grandma's door about the cat she knitted for little Susie.

[Former_Member]

@Faye the Mattel in-house testing thing really bugs me too. Wish I could just buy my way out of the problem they helped create.

[Former_Member]

The CPSC has issued recall notices for items made by micro and small businesses, but there is no mention if the seller/ manufacturer was fined or prosecuted. To read the actual recall notice these you'll have to go to the CPSC recall site to hunt for the notices yourself, just in case any of the sellers involved have an ETSY presence. Other threads have been closed or poster "flamed" before since there are still some very sore toes over recalls so if you do wish to make a comment about the recalls don't mention the person/company or the recall notice number.
Just go to http://www.cpsc.gov/cgi-bin/haz.aspx and search by these hazard types:
Lead
Aspiration
Choking
Fall
Strangulation

You will see there are several small time manufacturers that have had recalls. These products are not necessarily handmade or hand decorated, though some are or have the look of being, but all of the manufactures seem to micro or very small businesses based on the number of items recalled (less than 1000 pieces some spread over multiple styles or years of production).

[Former_Member]

The fines are HUGE, no Crafter could actually pay it...so they would actually have to send them to Prison...that would make quite a News story wouldn't it?
Perhaps even get a guest appearance on Oprah!
" Don't pay the Fine?
You have to do the time!"
But on the upside...3 square meals a day, no rent or utility bills to worry about, no clothing expenses...doesn't sound all that bad....I might even consider making Children's items...LOL

[FayeMaloneDesigns]

anickascottage says:
The fines are HUGE, no Crafter could actually pay it...so they would actually have to send them to Prison...that would make quite a News story wouldn't it?
Perhaps even get a guest appearance on Oprah!
" Don't pay the Fine?
You have to do the time!"
But on the upside...3 square meals a day, no rent or utility bills to worry about, no clothing expenses...doesn't sound all that bad....I might even consider making Children's items...LOL

**********

And wouldn't we get a bit of cash for making auto plates, or working the telephone solicitor phone banks? And, we could all get second college degrees right from our jail sells. Sounds like a sweet deal to me..And we can still keep up with the forums on our free laptops.

[Former_Member]

I can see recalling items that have lead, or are a choking hazard or strangulation hazard. But how about something like you used a Gerber onesie and you didn't test the snaps? Or you didn't put a label or a label with all the correct info on your handmade item?

[Former_Member]

Faye...wow..I didn't even think of all those perks...the USA prisons are over crowded now, so they have to build new low security ones for just Crafters & Sewers
think about it..it sounds like fun!

[Former_Member]

I've wondered if even the large manufacturers who have plants in China and other places have been fined???? Seems like they are more likely to violate the law on purpose.

[Former_Member]

I've been ramdomly clicking on lead recall notices and have not yet found any that were manufactured in US.

[Former_Member]

LILGIRLCA...now why would they be more likely to violate the law
"on purpose"???

[Former_Member]

I will be very surprised to see any crafters get prosecuted. Yes, many crafters are breaking the letter of the law. But the intent of the law was against the big companies.

Some day a crafter may get prosecuted for selling something highly poisonous. But I seriously doubt any crafters will be prosecuted for labeling, or for not testing something that was actually free of toxins.

It is a strange phenomena that the USA which has historically been one of the greatest examples of "rule of law" Is losing that status.

It used to be that laws were intended to be followed. And if a potential law had undesirable consequences then the law would be changed or more than likely it wouldn't be passed. but if by chance it was passed they would enforce it until it was it was repealed. Now the Obama administration sues states that attempt to enforce existing Federal laws. And the leaders in congress tell us and each other we should "pass a law in order to find out what is in it"

It is inevitable that citizens will soon cease to respect laws that are passed by people who do not respect them themselves.

When ridiculous laws like this one are passed by people whose actual intentions never included fully enforce the law on every to whom it applies. But instead wanted to make political statements and perhaps punish a few big companies. The respect that the public has for all laws is negatively effected.

The end result of legislating not based on the full content of the law but on the general popularity of the basic idea behind it WIll be that future generations can no longer comprehend the idea that all laws should be followed.

Eventually even the laws that were intended for everyone to follow will be open to "interpretation" by individuals and judges alike.

[Former_Member]

Dads..well stated..
A fine for Littering alone used to be $500.00 in CT. It has now been reduced to $85.00 which is more enforceable..

[Former_Member]

anickascottage. It is encouraging to hear when sensible laws like these are passed. Too often the people passing the laws are so afraid of potential headlines that would read "Law makers give litterers a break" or "Lawmakers take the teeth out of environmental protection." And since the fact that reducing the fines actually means more litterers will be punished and is better for the environment can't be counted on to be explained by the media. So they settle for doing what appears to be politically correct instead of what will be effective.

[FayeMaloneDesigns]

Dads, we'd be happy to have you in our cell block along with anicka and JDM. I love your toys, and if I could I'd love to buy something of yours for my little grandson.

[ByNanasHands]

Yup, if the economy continues "3 hots and a cot" might sound pretty good........Well said Dads

[vintagecalif]

just don't drop the soap.

[Former_Member]

Yes, there have been fines levied against companies in relation to this law. Some fines are based on recalls that occurred prior to the passage of the CPSIA. One rogue "officer" of the CPSC just forced a recall of mood rings for lead, which weren't even children's toys. So it is possible that crafters could get in trouble. The CPSC says they have eyes on the internet. Info on the fines can be found on the CPSC website.

[happywhosits]

I read about a woman who made baby slings, and had to recall them. Don't remember the details, or whether there was a fine involved or if it was a voluntary recall.

Fisher Price just announced a huge recall of multiple items this week. Haven't looked at the details as it didn't impact me.

Eileen...

[Former_Member]

vintagecalif says:
just don't drop the soap.


-------------

Which is a handmade cold process soap, of course. The maker of that soap will be joining all the crafters shortly if the safe cosmetics act passes :P

[FayeMaloneDesigns]

At least we can be clean in crafter prison.

As to the baby slings. In the one case happy referred to a 10 day old baby died. Was it the fault of the sling? Don't know, it could also have been the fault of the parent for improperly placing the baby in the sling. I'm not sure if it matters, gov is now writing regulations on baby slings. It's a wonder that so many cultures have carried, and still carry babies in slings, and their govs, didn't have to write regulations and educate women on how to wrap a baby up.

[BabyMaesShop]

Haha, you guys are funny! Crafter prison... LOL :)

[Former_Member]

Maybe crafters will have to resort to the tactics being used in Canada ... an undercover cigarette industry ... on both sides of the border:

http://news.nationalpost.com/2010/09/18/post-preview-inside-canadas-underground-tobacco-industry-a-f...