I really can't...

[#1]

I really can't sell one of my squirrel pull toys until I pay for third party testing for the lead in paint rule. The stay doesn't apply to paint.

I'm just sick.

It's Americana acrylic paint. Non-toxic. The squirrel in my avatar has 7 colors.

I think I've been in denial.

[Former_Member]

The third party testing for lead in paint hasn't been postponed until next year like the rest of the rules. Products that are painted have to be tested right now, so I can't rely on statements from the paint manufacturers.

I don't know if I could get away with labeling for adults/collectors only since it's so clearly a pull toy. I don't know.

[Former_Member]

Matsu, your work is adorable, and to be honest, I would put that kind of thing in a child's nursery as a decoration, not necessarily to play with (unless I had a few in reserve; they're adorable enough to do that!).

uncommonthings says:
I have started designing some kids stuff BECAUSE of these intrusions, to be honest, because it boils my blood to see the government acting this way.
***********************
^ This.
My best friend has a 10-month old. When I sent an email to all my close girlfriends asking them to model for me, instead of offering herself, she said she would not, but would offer her 10-month old if I had a kids' line.
She and I got together and went through all of my jewelry supply catalogs, and I will be starting a children's line. Perhaps they'll be more expensive, since instead of lead crystal, I'm looking at cubic zirconia for much of it... but also looking into natural wood, plain glass, natural gemstone...

There is -no- reason why her child (and many many others) can't wear beautiful jewelry on special occasions. I have gifted my nieces with my jewelry since they were 10 and 12 (they are now 18 and 20), and I see no reason why others their age and a little younger, and even some as young as 10-12 months, should not wear pretty things, and I'd prefer that it come from us in the hand-made variety, and not be cheap junk found in toy stores or Wal-mart. (And I intend to make play jewelry too down the line when I've researched a bit more.)

[MomNMiaDesigns]

matsutake - I wish you would list some, because I've been waiting and waiting for months to grab one - for me! I love your little creations!

[EmbellishedLife]

I want some too, matsutake, squirrels, without the pull cord! Market some for collectors! We'd buy them up, they are soooooo cute!

You could create a frenzy, like Black Apple!

Seriously, I think if you did them without the pull cord, and maybe smaller, you'd have a hit, until something happens with the law....

[Former_Member]

There is also just using civil disobedience. I'm all for that. I am so sick of this government! Not just saying Democrat or Republican. I am sick of the whole da-- thing! Hope you all are planning on going to the Tea Party in your area.

[AuntCindysAttic]

Me too, lordslivingworld! They're ticking me off. It's so hard to have our voices heard when the government is so busy with their heads up their bums bailing out big companies then trying to run them. Must be hard to hear with their heads up there, too.

matsutake - put me down for a couple of monkey racecars when you start selling underground :)

[Former_Member]

You guys crack me up. That's how I see it, too...civil disobedience.

It would be hilarious to brand my toys as collectors for adults. I can see the ads now. Like a 1950s man in a suit, wearing a fedora, smoking a pipe, pulling a squirrel down the street. Or a hip midcentury modern cocktail party and there's a pull toy on the cocktail table.

[GoblinsMarket]

Matsutake - what a great ad concept. Go for it.

In the meantime, I'm putting another round of letters to representatives and a short article for our Arts Council's newsletter and website on my list for this week.

How many of you all have a local Arts Council? My local experience is that our Council membership contains some of the most politically active people in our region. Contact your local Arts Council - ask if they know about CPSIA and how they might be able to help overturn/encourage ammendment of the law.

Many NYS Arts Councils have been pretty busy scrambling to stand up after Patterson pulled the financial rug out from under our feet, but this is important, too. A good arts council should be able to help you get contact information for how to contact your representatives and possibly even a contact for the person working in each office who is most likely to help deal with arts issues.

[Former_Member]

I don't know much about the new laws, but I just wanted to pop in and say I LOVE your squirrel toys (<-----BIG fan of squirrels). I hope you get to keep creating them because I'd love to buy one when I have some more money!

[Former_Member]

matsutake, I know my mother-in-law would LOVE a squirrel pull toy! Perhaps you could sell me a really expensive shipping box, and if one of those little guys jumps in... so be it!

[littlegirlPearl]

I really have nothing new to contribute to the conversation, other than to say that I would totally support you being the CPSIA martyr. I absolutely adore your toys, and have been itchin' to get one for some new nephews in my life (but they may never make it out of my home!).

I have had to take a break from the madness because the entire months of Nov. and Dec. were ruled by this mess, and I had to step back.

I promise though to step up the fight and beg Congress to amend the law to allow reasonable alternatives for all us small manufacturers to comply with the law. One of the easy ways to do that is by allowing us to use supplier certifications. Clearly the paint you use on your toys is non-toxic. Why don't they get that??? Anyway, keep up the fight, enjoy your new baby, and please list some of those awesome toys!

[Former_Member]

But there are just SO MANY adults who collect cute things. I really think that as long as one doesn't SAY it's for adults while simultaneously MARKETING to children, it would be safe.

My bear ears are not, and honestly never were for children. (kids usually hate wearing them, and I hate making them in children's sizes!) My grandma can't grasp that I've sold over 300 to adults for use by adults, but that's the truth. Many people just enjoy "childish" things.

Your squirrels can be marketed as reproductions of vintage style toys, for collectors only. They go on a shelf to be admired by all. Honestly, even if I had a child, I wouldn't let it play with something so cute! Well, maybe I would buy the child it's very own and keep one pristine for myself.....

Just thinking out loud here...

[Former_Member]

I agree with Crimson!

[Former_Member]

yay! Froggie agrees!

[RareEarth]

I agree with Crimson too. I look at your toys as more of a collectible than something a toddler would be banging around. LOL If I had one, it would sit on a shelf and make me smile. If the paint is marked non-toxic, I would use it and let them come after me. Truly.

I don't believe this law was ever intended to go after the small crafter. It's way too broad in it's scope, throwing the baby (and the baby's toys) out with the bathwater. I honestly don't believe crafters will be the targets of this.

Keep making your toys, just market them differently and you'll be fine. They are too cute to just not make!

[Former_Member]

Did I mention that I found an awesome vintage pull-toy xylophone at a thrift shop last week, and bought it on the spot? (kids toys are still in the thrift shops, here)

I love it. It's probably full of lead, but it makes a jingly, tingle song when I pull it across the ground. I'm not going to lick it. Very much...

[Former_Member]

I feel the same way. I am so stinkin scared about this new law and all it entails. Sometimes I can't sleep at night. I might have to start my own thread in a few days to get some comments that make me feel better.

But then again, its the law. I guess there is no justification...

[Former_Member]

why is all this even going on? kids can choke on anything they can fit in their mouth. that doesn't mean that everything smaller than the size of your fist should no longer be produced. i would maybe understand if there was like thousands of cases of kids getting lead poisoning from toys or something like that, but i have heard nothing of the sort. i think it is utterly ridiculous and unfair that they are taking kids products out of second hand shops now with the way the economy is. you would think with such a shitty economy, the government would want to promote independent sellers and allow thrift stores to continue to sell items because not everyone can afford new clothes and toys anymore.

where's a decent president when you need one?

[Former_Member]

If a part is small enough it could be inhaled but wouldn't block a windpipe.

The current president had nothing to do with the passing of this law in the last administration, and the last president was presented with a veto-proof bill; a veto would have been overridden and the law passed anyway BY CONGRESS.

[Former_Member]

Wow now you guys have me thinking that maybe my pull toys really could pass as some kind of vintage reproduction collectors items.

Hmmm...

[Former_Member]

http://www.cpsc.gov/about/cpsia/smbus/manufacturers.html#q7

"If you choose not to test, ask your suppliers about the chemical/material content of their products. Seek out materials that will enable you to produce products that are in compliance."

It appears that as long as you are using components and paints that are in compliance, you can still make and sell items and not have to test.

[Former_Member]

Matsutake ... you can't totally close up until you make a squirrle pull toy for ME! I'm almost 60 and I want one!!! LOL

[Former_Member]

I'm sorry, Ravyncrow, they are only for ages 61+. You might hurt yourself! LOL

[AuntCindysAttic]

Ravyncrow - my mom's 66. I'll have her buy one for you. LOL! It's like having someone who's over 21 buying you beer when you're 20!

[Former_Member]

I work as a paralegal. I'm not a lawyer and can't give legal advice! But I deal with administrative regulations in my full time job, so I know a bit about the process.

A great deal of this is not just in the hands of Congress, but is in the administrative rulemaking process which can take a long time. The congress just gives a big picture kind of requirement to the agency, which then establishes more specific rules. There is a ton of confusion right now because all the rules have not yet been established. (Sorry if I'm explaining things everyone already knows).

Please don't rely on anything someone else tells you, because there's also a lot of misinformation. The guidance WhiteLotusDesigns linked to is great, but is only temporary until lead testing requirements come into effect. This is guidance basically saying, before certain testing is required for lead content in Feb, 2010, here's what you have to do to make sure your product is safe. The section she quoted IS NOT A SUBSTITUTE FOR TESTING when the regulation comes into effect as far as I can tell. (It is also only for lead content, and not for lead paint, which are two separate requirements. I know it is confusing, this one has me in circles as well!)

Things are constantly changing, and people should definitely stay involved and submit comments and help any organizations trying to work on behalf of crafters and small businesses.

Again, I can't give any advice and I'm not an expert on this particular law or these regulations, but I'm a little disturbed by some of the misinformation. Please be careful, do your research.