Scope of the CPSIA

[#1]

I wrote a "primer" for anybody unsure of how this legislation affects them:

http://grecowoodcrafting.wordpress.com/

Please feel free to refer others or copy/paste for your own posts.

-John

[Former_Member]

thanks, i'll be adding links to your posts, to the post I made on my team blog.

[Former_Member]

back up...I'd like everyone to have a chance to read John's blog post

[Former_Member]

If you want to try to interpet the law yourself here are some goverment links, and it is a LAW as of August 2008.
http://www.cpsc.gov/cpsia.pdf
http://www.cpsc.gov/ABOUT/Cpsia/CPSC-CH-E1001-08.pdf
http://www.cpsc.gov/about/cpsia/faq/newfaqs.pdf
http://www.cpsc.gov/about/cpsia/faq/faq.html#educational
http://www.cpsc.gov/library/foia/advisory/317.pdf
or try
http://thomas.loc.gov/
Then search:
H.R.4040
Consumer Product Safety Improvement Act of 2008 (Enrolled as Agreed to or Passed by Both House and Senate)
This is not pending legislation it was voted on & passed by the House and Congress in July and signed to law by Bush in Aug. So unless we can get ammendments to the law as it is ambiguously written all hand crafters might be effected since the government seems to be leaving the definition of children's products upto the venue of public opinion.
Also it seems that there are represenatives of the people that had no idea that handcraft items would be sold across statelines.
From somebody on the Etsy forums:

"I just had with a representative from the Consumer Protection Agency concerning the new regulations on children's product testing.

I called and left a message a few weeks ago concerning those of us in the cottage industry and the ramifications of this new regulation. I got a call back today.
1. There is the impression that we crafters are NOT selling across state lines. There is an exception/ exemption to the testing rule if you are only selling locally. I had to explain to the representative that was not the case for me or others like me. Since we are selling across state lines the lab testing rule applied.

2. If you are making a product and you will be making them in different colors and styles, then testing one item will suffice as long as they are made out of the same materials. So, if you make baby booties out of cotton, felt, and leather then as long ad you use the same material for that product line then you do not have to test each one.

3. Congress is meeting again next week concerning this new regulation. I was told that the only recourse was for us to contact our congressman/ women directly and let them know the impact this new regulation would have on the small business/cottage industry and that we simply cannot afford this and still survive."

If nothing else CALL your congress folks and let them know what they are doing to us.
Here's links to do that :
you should be able to write your district's congressperson and senate represenatives as long as your still a registered voter. Otherwise write directly to the CPSIA voicing your concern.

https://writerep.house.gov/writerep/welcome.shtml

http://www.senate.gov/general/contact_information/senators_cfm.cfm

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

[bobbinalong]

More reading.

[FantasticToys]

You wrote this in your blog:
Now, there are some merchants who are preparing for this in a different way than through testing. Some merchants are ready to start labeling and advertising their children’s items are not intended for children 12 and under. Well sorry folks, but people from the CPSC office have specifically clarified that the 12 and under rule is at their interpretation- not your label.


About 85% of my plush is sold to adult collectors. I have changed all of my plush listings to: This item is an adult collectible.. not recommended for children under 12. My question is where do I apply to have my products evaluated by the CPSC? If you have this info much appreciated otherwise I will do some further investigation. Thanks

[Former_Member]

FantasticToys...I'm in the same position. Most of my customers are adult collectors. This is all very confusing.

[HeatherJonesStudio]

marking for later

[Former_Member]

This may not help but this is the CPSIA's home page http://www.cpsc.gov/about/cpsia/cpsia.html
I forget which link this is from on that website, but labeling WILL NOT protect you, you will be subject to the court of public opinion. If it looks like a toy that COULD be played with by some one 12 & under then the testing applies to your products.

"What is the definition of a children's product and how will the age cutoffs be determined?

A “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered:


A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.

Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.

Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
---
For more information on the CPSIA contact the Consumer Product Safety Commission at http://www.cpsc.gov/cgibin/newleg.aspx, and we will address the most frequently asked questions."

BTW quess where the testing facilities are located. Go here for a hint http://www.cpsc.gov/cgi-bin/labapplist.aspx . Out of the current 71 accredited labs only 14 are here in the USA.

[FantasticToys]

Thanks for the info!
Looks like I won't be marketing in Parents Magazine.:P

Not promoting to parents of children and labeling my product as I have been seems to be the best I can do now.

[Former_Member]

Marking .... Good Night

[ZoBeDesigns]

Just marking to find my way back to your excellent post

[Former_Member]

good morning

[Former_Member]

Etsy answered, for what it's worth, over at http://www.etsy.com/forums_thread.php?thread_id=5935591&page=87 towards the bottom of the pg 87 from SarahSays.

[Former_Member]

marking for reading later - thanks