Irresponsible Question #1

[Former_Member]

What would happen to a person who didn't follow CPSIA and made children's little pants from cotton fabric...and described it all on a paper hangtag for the consumer instead of a sewn in tag?

Unfortunately, I'm one of those who prefers to ask forgiveness rather than permission.

Thoughts? (Don't hate me!)

[ifanhour]

very cool....

[ClosetGothic]

That sounds perfectly fine to me.

[Former_Member]

The great CPSIA police will come and swoop down on your shop and carry your little ones away to oblivion!! lol

Not really.. I like your idea!

[jeridiehard]

I would love it...I HATE sewn in tags!!

[PaisleyPathHandmade]

What if you attached the tag with a big, loose tacking stitch or two that was obviously meant to be removed? Then technically it's attached.

[knitwit4ever]

I don't know what would happen...though probably nothing if you are making small quantities of items. They have bigger problems than your goods.

However, the intent was to make a permanent label that would stay with the item so that a problem discovered later could be tracked back to the maker/materials by the consumer or authorities. Or, if problems were discovered in similar items, your buyer could use the label to be sure your item was NOT in the affected group.

[Former_Member]

If I were to buy them I would prefer a permanent label so that care instructions were always on them. I always forget how to wash things, and handmade items never have them attached.

[LeafandYard]

knitwit4ever says:

However, the intent was to make a permanent label that would stay with the item so that a problem discovered later could be tracked back to the maker/materials by the consumer or authorities. Or, if problems were discovered in similar items, your buyer could use the label to be sure your item was NOT in the affected group.

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

I believe this is correct. I have no idea what the penalties are for not doing this, though. There is allowance in the law for items that simply cannot have a permanent label (like when the item is too small and a label would interfere with the item). My Gnomes are like that. I tried and tried and tried and I just could not get a label on my guys where they would not be terribly unsightly and seriously in the way. I haven't given up on finding a way to permanently label them, but for now the temporary ones will have to do.

I hate tags, personally, but I understand the value of having them as a consumer (for finding information you need) and as a business owner (so customers will remember you and can come back if they want more).

[FayeMaloneDesigns]

Lets see.

Well the CPSIA fine can be 100K to 15Million. Plus imprisonment for not more than 5 yrs, for a knowing and willful violation, plus may include forfiture of assets associated with the violation.

Then you have to add on the FTC fines for not having FTC labels if needed.

And don't forget all of the court costs that you will have to pay, plus attorney fees.

Special Huh?

[Former_Member]

Unfortunately, your dealing with federal laws and regulations so there is no forgiveness only compliancy or penalties.

Because the general product category for pants is apparel the FTC requires a permanantly attached care and content labels. I'm not sure what the monetary penalties would be from this particular government agency would be but they can investigate you mirco business shutting you down during the process and require you to provide your customer contact / shipping information so they can request the customers to send their purchases to the FTC offices as part of the investigation.

Since the specific product is for children the CPSC under the CPSIA is also involved. Even when using exepmt from lead testing materials the tracking label requirement is still in effect. With the way the law is currently written the government can start fines for non-compliancy at $100,000 with jail time as well for the person or persons in a company that knowingly violated the tenets of the CPSIA. Since permanant tracking labels where specifically written in the law by Congress and the House of Representatives the CPSC could see the hang tag as knowledge of the law but an unwillingness to follow the specifics. The CPSC has offered the guidence that if a manufacturer can give a reasonable explaination, such as the product is too small or the label would interfer with the function of the product then the permanant label can be part of the packaging instead of on both the packaging and the product. A hang tag on a product big enough for a sewn in permanant label maybe seen as a direct & willful violation to compliancy and the CPSC can follow through with their own investigation and assessments.

Both of the government agencies that would govern the example you described may not be actively looking for small time violators, but if a report is made to them the are required to follow up on it within so many days. A reported item to either agency can come from a private citizen, all they need to do would be to show either government agency that the correct labels where in fact never part of the final product they received. Yet another reason to comply, since a disgruntle customer or a competitor can take to mind to report your product.

[Former_Member]

Perhaps you will be sent to a new low security Prison Facility built
especially for Crafters....the labor unions would love the
work building it for several millions of dollars...
Imagine being in the company all day of Artists/Crafters...three free square meals a day..no rent?
and you could craft all day.
(don't pay the fine? then you must serve the time!)

[Former_Member]

And now that we all know, anyone could turn you in because of the whistle-blower protection in the CPSIA. And it will be worse because instead of pleading ignorance it will appear as willful noncompliance.

[Former_Member]

Thanks everyone for the thought-provoking ideas. I just have to wonder...a law is only as good as its enforcement. Do we really have the federal funds to enforce all this? Has anyone heard of a tiny business being raked over the coals for non compliance? I mean, what would be the purpose of fining Cathy Crafter 150 million dollars?

[Former_Member]

We just bought two child sized camelbacks for our kids. They came with a slip of paper with CPSIA info on them. Well, one did--it slipped out and fell on the floor. Only reason I even saw it. Not the first item we've bought with something just slipped in with the info on it.....

[Former_Member]

i thought the law had been suspended until further review for small/micro businesses?

seriously.

[Former_Member]

Texstyle: I'd love to know if that's true. Thank you...I'll look into that.

Monster: Interesting...!

[Former_Member]

TexstyleTextures, no suspension of the law just a stay on certain testing, the ones concerning having the final product tested by only CPSC pre-approved labs. Right now all portions of the CPSIA must be followed, regardless of the size of the manufacture or retailer, the only differnce is under the stay of testing is that if you can get all the lab reported paperwork stating the lead & if needed phthalate levels in PPM for your non-exempt components as then you do not need to get the final product tested. All the other subsections must be followed including the tracking labels, holding copies of self issued product specific GCCs at your main work place that tie the tracking info to which test report(s), providing copies those GCCs to any consignor or retailer you use, and including any warning labels that are appropriate for your products.


BlueKimonoStudio, the "beauty" of the law in the politicians eyes is with the fines that the law will be self funding. With fine starting at $100,000 per violation per product batch it is conceivable that a single product can amass quite a high dollar amount jus t for ignoring the law. This give the CPSC a good reason to find violators, where as in the past many of the existing children's product laws had such a low fine that more was spent on aquiring information about the violations than was collected from the fines. Until the law is self-sufficient I believe that the are provisions written into the law that over the next 10 years that as long as the CPSC can prove they are doing something, ie. big media reports and recalls, the agency is entitled to very large budget increases. In fact I read somewhere that the CPSC inspection force for the custom's clearing houses alone was increased since the law went into effect in 2009 from 100 to 300 this past spring.

[Former_Member]

Also, please understand that the definition of a small (even micro) business is different than what you may think.

http://www.sba.gov/contractingopportunities/officials/size/faq/index.html

So yes, the CPSC could come after you if they feel like it.

[Former_Member]

Just to add to mylanderbooks said, the way the CPSIA is written the could the CPSC could, if they choose to do so, go after the average jane/joe consumer that upcycles children's or painted goods through swapping sites online or selling used pieces at flea markets or holding garage sales. Many charities and thrift stores have already stopped accepting children's goods a donations if there is no proof of CPSIA compliancy on the individual product.

[Former_Member]

thanks jdME. i knew there was some kind of delay.

reason enough for me not to do children's stuff.

screw the feds and their overbearing laws.

[Former_Member]

In November we have an opportuity to remove Pelosi, Harry Reid and Henry Waxman who crafted and forced this law upon the small business crafter referring to us as "Unintended Consequences." I for one to not believe that these were "Unintended Consequences" for one minute. They have refused to fix the glaring problems with this law with regards to the small business crafter. Please do your homework on your senators and representatives and vote this November.

[FayeMaloneDesigns]

Hear, Hear, Lovejoy!

This group has done more to destroy small businesses with their "unintended Consequences". They are perfectly aware of what they are doing! If it's not a crisis, it's for "the little children", or to save the world. BUNK!

[happywhosits]

Regarding enforcement - it doesn't have to be the feds coming after you. CPSIA provides for states attorneys general to also have enforcement ability, so if you have an eager beaver state attorney who wants to, he could also prosecute.

Eileen...

[Former_Member]

Okay, thanks all. Really, I respect the need for safety especially for children's items (I am a mother), and as a consumer I also like to have tags. It just bites that the rules are so prohibitive, and the way the govt has enforcement set up sounds like some kind of witch hunt.

But I don't need to tell any of you that.

I will not be adding kids' items to my shop, unfortunately.