What is the CPSIA law?

[Former_Member]

Sorry for the crazy question but I was wondering if someone could explain what this new law is (or would be). I was checking the forums and notice that it had its own discussion board so it had to be pretty important. I was wondering if they had an article in the storque about it...would love to have the link.


thanks tee(petals)

[Former_Member]

Hi tee,
There are some articles in the Storque that are helpful:
http://www.etsy.com/storque/search/title/cpsia/

[Former_Member]

thanks a bunch sugarandspice1

[Former_Member]

The Public Law 110-314 as known as the Consumer Product Safety Improvement Act of 2008, will affect more than just toys. As it is currently written it encompasses jewelry, clothing, room decor, SCHOOL SUPPLIES, EDUCATIONAL AIDS, art work, ART SUPPLIES, pillows, linens, furniture, so on & etc. if it is made for or looks like it's for someone 12 & under to use it will be subject to the certified testing. Even HAND-ME-DOWNS & vintage items as resales or trades, think flea market, swap meets, yard/ garage sales, eBay & Craigslist, will be subject to the testing.

Here are links for you & anyone else to read up on the law :
First see the STORQUE article, http://www.etsy.com/storque/craftivism/handmade-childrens-items-unintended-consequences-consumer-pr-... .

If you want to try to interpret the law yourself here are some of the government links :
A copy of the actual law as it stands today: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=fubl314.110.pdf

The original bill proposal : http://www.cpsc.gov/cpsia.pdf

The general CPSIA website : http://www.cpsc.gov/about/cpsia/cpsia.html

Standard Operating Procedure for Determining Total Lead : http://www.cpsc.gov/ABOUT/Cpsia/CPSC-CH-E1001-08.pdf

Original CPSIA FAQs with the definitions of what is considered to be a child's product (hint ever heard of the "court of public opinion"): http://www.cpsc.gov/about/cpsia/faq/faq.html#educational

Most recent updates to FAQs : http://www.cpsc.gov/about/cpsia/faq/newfaqs.pdf

How CSPIA effects existing inventory & by logical extension vintage, resale, & recycling of children's items :
http://www.cpsc.gov/library/foia/advisory/317.pdf
&
http://cpsc.gov/library/foia/advisory/322.pdf

List of product lines that the CPSC DOES NOT have Jurisdiction for. So if your type of products are not on the list & the CPSIA considers your products to appeal to or be made for children you will be required to test for at least lead.
http://www.cpsc.gov/businfo/notcpsc.html

List of accredited labs for testing
http://www.cpsc.gov/cgi-bin/labapplist.aspx
BTW only 18 of the 88 are in the USA all others are overseas, 15 in Europe and 55 in Asia. Also not all of the labs can test for total lead content, some only test for lead painted, others for small parts & durability, and a few can do the phthalates test. You have to click on the lab name, then on submit to see what that lab is certified by the CPSC to test and issue the certificate of compliance on.

The law has many gray areas including what is to be considered children's items. Here's a Q & A from 1 of the USA based CPSIA certified testing facilities http://www.strquality.com/www/strlab/industry_expertise/cpsia_faq_html , I realize that they make their profit from testing so they may only have answered in such a way to drum up more business. With that being said it is still one of the only offical sites (meaning it is an lab being accredited by the government to interpet the test requirements) that I've seen that answers some questions in a straight foward understandable manner to the public.

A small glimmer of hope for organic fabric (undyed), untreated wood (nonstained or coated), and other natural but unaltered material users :
http://www.cpsc.gov/library/foia/foia09/brief/leadprocedures.pdf
&
http://www.cpsc.gov/library/foia/foia09/brief/leadlimits.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) ~ make sure you read all sections including the references at the end.

The law is ambiguous at best, so be prepared to consult a lawyer as to how this might impact on your business or your ability to buy handmade products for children.

After you have read all this, & consulted who you can MAKE YOUR VOICE HEARD on how you feel on the subject.

Here's a way to contact your representatives.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
&
https://writerep.house.gov/writerep/welcome.shtml

How to contact the CPSC with questions on the law including, "How does this does it pertain to my products?".
http://www.cpsc.gov/cgibin/newleg.aspx
Be as specific as possible in your questions, you will not recieve a personal reply, but the most often asked questions will be answered in 1 of the upcoming CPSIA's FAQs.

Contacting the SBA regarding any protections for small busineses, charities, and hobbists under the Regulatory and Flexibility Act http://www.archives.gov/federal-register/laws/regulatory-flexibility/, an earlier federal law that MIGHT serve as a legal loophole :
http://www.sba.gov/contactus/index.html

After you have contacted these offices with your questions I suggest you also post them at http://www.etsy.com/forums_thread.php?thread_id=5963148, a thread that is collecting questions at ETSY so any other members that hadn't thought of that particular set of questions might also ask them of their government officals and CPSIA.


These here are not government sites but they are trying their best to make sensible changes to the poorly written law.

An activism site trying to get Obama's ear on Inauguration Day on what their poll says are the top 10 issues right now :
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia . 1st round of voting ends tonight, second round opens for voting on Jan 5th.

A petition started by http://www.fashion-incubator.com/ is available at :
http://www.ipetitions.com/petition/economicimpactsofCPSIA/

NAM's petition to the CPSIA to reconsider the wording and materials covered by the law:
http://www.toyassociation.org/AM/PDFs/Safety/CPSCPetition1208.pdf . There is a couple of blogs saying if you agree with this letter that you print it, write a cover letter stating you agree with it, and send it to your represenatives and to the CPSC / CPSIA offices before the vote due on Jan 5th.

Blogs for toy makers :
http://www.handmadetoyalliance.org/
http://grecowoodcrafting.wordpress.com/
http://www.challengeandfun.typepad.com/

Blogs for children's clothing, doll clothes, hair bows, and accessory makers :
http://www.fashion-incubator.com
http://www.apparelandfootwear.org/LegislativeTradeNews/ChildrensClothingRegulations.asp

Blogs and groups for anyone interested in this issue :
http://cpsia-central.ning.com/
http://nationalbankruptcyday.com/
http://www.etsy.com/forums_thread.php?thread_id=5935443

There's lot more blogs, news stories, and groups out there following and DOING what they can to get the CPSIA and government to revisit the law and make it so small businesses can flourish in harmony with the lead limits and other restrictions.
I know that I probably missed some groups but the ones above are the ones that I've been actively visiting.

[SouthPawBeads]

how will this law effect bead sellers and jewelry makers? I sell swarovski pearls and beads and sell jewelry that uses swarovski pearls and beads, which we all know has some lead in it, that is why they are crystals. by no means is this jewelry intended for or designed for, or marketed to children under the age of 12. Am i effected by this new law?

[Former_Member]

The first thing to realize is that this law has to be funded to be enforced. Go look at the funding for CPSC, they'll will have to ramp up to do much of anything. They have to get serious about lead and phthalates.

The main target of the law is the multinational manufacturers of "toys" who have been thoughtless and even criminal in their choice of products. Children can't protect themselves from adult ignorance, indifference and ignobility. This law was an attempt to protect them.

[Former_Member]

marking

[Former_Member]

Thanks for the helpful info, everyone.

[Dannielle]

SouthPawBeads says:
how will this law effect bead sellers and jewelry makers? I sell swarovski pearls and beads and sell jewelry that uses swarovski pearls and beads, which we all know has some lead in it, that is why they are crystals. by no means is this jewelry intended for or designed for, or marketed to children under the age of 12. Am i effected by this new law?
***************************************

It only affects those who make products for children age 0-12. If you don't, it doesn't affect you.

[LaurieRyan]

there are tons of threads too that have contact information where you can write and fuss about the law and ask them to repeal it

[Former_Member]

anifty says:
The first thing to realize is that this law has to be funded to be enforced. Go look at the funding for CPSC, they'll will have to ramp up to do much of anything.
_________________________________

Enforcement of the law has been given over to State Attorneys General. Depending on the zeal of your AG you may very well find effective enforcement.

[Former_Member]

Good summary jewelrydesignsbyME.

[germandolls]

http://www.handmadetoyalliance.org/
this is my favorite source!