sorry but I've been gone...

[KendellMacLeod]

I've been gone for a few months thanks to a ruptured appendix and have no idea what this CPSIA law change is...I don't want to be redundant but could someone tell me whats going on or link me to a thread that has discussed this already? Thanks!

[Former_Member]

Check out the new CPSIA section in the Etsy Forums.

[KendellMacLeod]

I have been but noone has an explanation of it posted

[Former_Member]

This is from the handmade alliance website:

"In 2007, large toy manufacturers who outsource their production to China and other developing countries violated the public's trust. They were selling toys with dangerously high lead content, toys with unsafe small part, toys with improperly secured and easily swallowed small magnets, and toys made from chemicals that made kids sick. Almost every problem toy in 2007 was made in China.

The United States Congress rightly recognized that the Consumer Products Safety Commission (CPSC) lacked the authority and staffing to prevent dangerous toys from being imported into the US. So, they passed the Consumer Product Safety Improvement Act (CPSIA) in August, 2008. Among other things, the CPSIA bans lead and phthalates in toys, mandates third-party testing and certification for all toys and requires toy makers to permanently label each toy with a date and batch number."

Here's the link to their site:

http://sites.google.com/site/handmadetoyalliance/

It's a good place to start learning about the CPSIA.

Glad you're all better and welcome back!

[KendellMacLeod]

thank you much starbrightbaby..this is horrible law for etsy sellers

[Former_Member]

Love your painting BTW.

Here is the short version. All products made in the US that appear to be made for children under 12 must be third party tested for lead and phalates. It is retroactive and the testing is expensive. Many of us cannot afford the testing since every component in our creations must be tested, so some of us are closing or will at least stop making children's items. People outside the US cannot sell to the US, though it doesn't effect their sales to other countries.

Hope that helps.

[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=fub l314.110.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 23 of the 103 are in the USA all others are overseas, 19 in Europe and 61 in Asia (1 lab lost accreditation reccently). Also not all of the labs can test for total lead content, some only test for lead painted, others for small parts & durability, a few only test fabric exclusively (buttons, zippers or snap would have to go elsewhere) and very 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 . Voice your opinion on how a lobbist movement maybe started.

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.