Shut down or not to shut down

[#1]

I don't know what to do about this new law with the kids toys. I make bows, kids shouldn't be eating them anyways=) Even though my daughter puts hers in her mouth=) I just got my business up and going and then I hear this. I just had one of my beanies on the front of a magazine and now I will have to close my store. I am trying to decide if I should say screw them and keep it open. Urgh what to do????

[Former_Member]

So there are three new laws I need to worry about? What mafemaria?

[Former_Member]

birdylegs, as I see it, they are not taking anything away from us unless we give it to them.

If all of us stand up and fight this, there is no way it will stand. There have been several (but not enough) national and local news stories covering this, senators (including a very well respected senior senator from Utah where I live) who have pledged to get involved, and now a class-action lawsuit. This law WILL be changed. While I do understand people becoming discouraged and wanting to close their shops out of frustration, I really don't think that's the way to make change happen.

[Former_Member]

I was just going to open when this happened. I'm going to open even if I have to shut down in a month. I just haven't been able to take pictures because of the weather.

[Former_Member]

piddies you seem to know alot, what about the other laws that mafemaria was saying do you know about those to

[Former_Member]

It's scary that's for sure...

[JewelryOfNote]

Princesssweetbows,
Your designs are truly beautiful. Keep making them.
I am a music teacher. People have to take responsibility for their children. Kids do put things in their mouths.
Parents have to keep their eyes open. I'm sure that you are very careful about securing buttons, etc. There are more serious problems in the world that people should be concerned with.
I love your shop. You are hearted :)

[umiko]

If I were selling items aimed at children that couldn't 100% be classified as an exclusive child-item, I would continue selling it without mentioning children. There are a lot of people on here selling plush art "toys", although most of them could conceivably be used as children's toys, they are not (for the majority) sold or advertised as such. You could sell your bows and include the size, displayed on something other than a child ;)

[DesignsByWho]

I know what your going through Princesssweetbows.
I make bead (and other things) for kids jewelry designs.
I am torn what I am going to do. I'm not sure if I will adding anyting more until I find out for sure whats going to take place.
In the mean time, I am working on something else to tie me over.

[Former_Member]

How on earth are they going to police this new law?

Seriously, the Govt. can't afford to pay enough agents to control our borders, or stop drugs from entering the country, how are they going to stop, and prosecute, thousands of artisans making toys/clothes etc for kids?

[Former_Member]

That's what I understand. I'm sorry my links didn't come through.
The one about labeling is very annoying, and yes it seems to be new. The idea is that each of your children's products needs to have a PERMANENT label that identifies the manufacturer, location, date, and batch of production (BATCH! HA!!!). You can have a fun read about it here:
http://www.fashion-incubator.com/archive/cpsia-and-tracking-label-requirements/

The other two acts I mention are not new. What's new apparently, is that now everyone needs to write some paperwork certifying that your product complies with every single safety rule it is subject to. This last one, I'm not hearing much about, except for this blog with its forum:
http://www.fashion-incubator.com/archive/new-product-safety-regulations-that-affect-all-manufacturer...

I read all the comments in that forum and wanted to cry. After that, I begged my husband (a lawyer) to look at all that information and tell me if the stuff was real. It seems that it is -- unless something changes. So I put all my baby clothing on a clearance sale.

[Former_Member]

thanks for your help, this is just crazy and stupid!

[Former_Member]

mafemaria, that labeling part of the CPSIA law is exactly the kind of thing elected representatives are talking about making exceptions to for small businesses who don't make products in "batches". I may seem like a cock-eyed optimist, but after going through a bit of panic about having to shut down and writing to every human being in any position of power I could find, I received a response from my Senator, Orrin Hatch. While I ordinarily totally disagree with him, he said that with broad-sweeping laws like the CPSIA, changes almost always need to be made to make exceptions for the unintended consequences of the laws. He also said he would work in this congressional session to get changes made. He isn't the only one who has pledged to help.

While the changes may not come in time for Feb. 10, ImagineArt7 is right. The government has much bigger fish to fry than to prosecute stay-at-home mothers for selling the products they make in their craft rooms. Honestly, if they want to prosecute someone, I hope it IS me. I will raise such a holy stink the publicity alone will be worth it.

[Former_Member]

Take a DEEP breath! Now just wait and see which way the wind blows. This whole thing is far from a done deal.

[Former_Member]

YAY, getartnow! :)

[alisonkelleydesigns]

Don't close up our very cute shop! You have beautiful items that others deserve to see and purchase.

Similar situation happened last year to jewelry people in California. It was about lead content in jewelry/supplies and it didn't matter if they were for children or adults. We all got very intense about it and then it turned out to not be so bad after all.

Hang in there and see what others do :)

[Former_Member]

I'm holding my breath here....

[Former_Member]

Thank you piddles. It's great news to hear that you got that answer from a politician. My info just comes from that web site and the questions answered by a lawyer in their forum.

The stuff about the certification (the second link) scared me so much, it made me even wonder if I could do anything at all (even if not for children). My fear is that I'm not hearing any discussions about that. Everything seems to be focused on the lead testing. I really hope they fix the law. I agree... They'd go after other people first than Etsy, and within Etsy I'm one of the tiniest ones to go after... But still. We don't like to break the law.

[Former_Member]

Don't close up our very cute shop! You have beautiful items that others deserve to see and purchase.

Similar situation happened last year to jewelry people in California. It was about lead content in jewelry/supplies and it didn't matter if they were for children or adults. We all got very intense about it and then it turned out to not be so bad after all.

Hang in there and see what others do :)


Wow Thats crazy that they did that. I hope that thats what happens with this thing.

[Former_Member]

Don't close - wait out the changes that will come in the law. Things are so drastic in this law that a great deal of it will have to change. Just keep following the updates.

[dalesdreams]

I figure they can't throw us all in jail. ;)

[Former_Member]

mafemaria, I totally agree - of course we don't like to break the law. I don't take "federal offense" lightly. But the way I see it, I can either shut down now and definitely lose everything (including probably my home, since my husband isn't bringing home close to enough to support us), or I can continue selling and take a risk. Perhaps from my vantage point, I have the luxury of an easy decision.

I am not familiar with the new certification law - is that tied in with the CPSIA or something different?

[Former_Member]

yeah knowing my luck it would be me! Dooes anyone know what they would do if you got caught selling and you don't have your stuff tested

[alisonkelleydesigns]

It will settle down I'm sure of it!

Certification about the lead content was also said to be mandatory for jewelers and suppliers in California. That is also why all the suppliers from all over the world are now stating whether or not their items have lead in them because they would not be allowed to sell in California otherwise. They made such a BIG deal about it too! I was really worried because the fine is $2500 a day! I thought I was going to have to do testing and all that, but as it turns out my suppliers did all the work for me. Everything is labeled that it has no lead in it. They too are now not purchasing anything with lead in it (except for crystals, and they fall within the guide lines). I mostly use sterling or 14k gold and that doesn't ever contain any lead in it.

Your suppliers are going to be key in all of this, they want you to continue making and selling stuff too because that is how they stay in business as well.

Good luck to you all, I'm sure it will turn out okay.

[Former_Member]

Stay open!!!!!! Stand up and be counted! Someone posted a link in another thread to a recent news article saying the law wasn't meant to cover us and we would most likely get an exemption. Here's the link, the statement was made by CPSC Spokeswoman Patty Davis:

http://www.biz-journal.com/articles/2009/01/03/local/doc49601fb5c3f82539988779.txt

[Former_Member]

Piddies... I'm not sure if it is related to the CPSIA. I don't think so, but I'm not sure. If you don't mind, since you have done so much and asked the right people, I'd love it if you could take a look. it's here:
http://www.fashion-incubator.com/archive/new-product-safety-regulations-that-affect-all-manufacturer...

BTW, I've gone back to read all your posts to this thread and have to tell you they are uplifting. I've needed that kind of spirit all weekend. Instead, I just got depressed.