| T O P I C R E V I E W |
| pumpkinhaus |
Posted - Dec 07 2008 : 8:02:32 PM
New Government regulations H.R. 4040- the CPSIA
I am not sure if this is under the right heading or not~ But it applies to all and anyone selling their wares to children ages twelve and under....
The government passed new regulations on lead/phthalate testing for any product that would come in contact with a child 12 or under. The testing is expensive and essentially anyone with an on-line store/etsy store/etc that sells products for children under 12 (and also quite a few clothing items for adults as well) will more than likely be breaking the law come February.
Much much outrage over it - except, it seems on etsy stores and moms and grandmas who are making things and selling on-line. I think many don't even know what's coming.
A couple links:
http://www.handmadetoyalliance.org/
http://www.fashion-incubator.com/archive/national-bankruptcy-day/
http://www.ipetitions.com/petition/economicimpactsofCPSIA/
This is going to essentially put many many independent cottage industry sellers out of business. I know a couple people who know after February they are dead in the water.
C&P from MsCwick (thank you!):
This is no joke. Since I sell ONLY american made toys, I have been getting emails from my toy distributors, and even comfirmations of testing that is being done on my last shipment of wooden toys. I highly suggest that you copy and paste this into the suggestion section on www.change.org and let our president elect know how you feel!
Here is one of the emails:
In 67 days mandatory safety testing will be required for all toys sold in the United States under a new law through the Consumer Product Safety Improvement Act (CPSIA). If the law as currently written is not modified, handmade toys (and other children’s items) made by small crafters, and even niche products from larger companies will no longer be legal in the United States; Craftsbury Kids and countless other retailers who rely on handmade products in the children's industry will be left with a dismally limited product range to offer customers.
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 parts, 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 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.
All of these changes will be fairly easy for large, multinational toy manufacturers to comply with. Large manufacturers who make thousands of units of each toy have very little incremental cost to pay for testing and updating their molds to include batch labels.
For small American, Canadian, and European toymakers, however the costs of mandatory testing will likely drive them out of business, or prevent them from doing business with the US.
:: A toymaker for example, who makes wooden cars in his garage in Maine to supplement his income cannot afford the (up to $4,000) fee per toy that testing labs are charging to assure compliance with the CPSIA.
:: A work at home mom in Minnesota who makes dolls to sell at craft fairs must choose either to violate the law or cease operations.
:: And even the handful of larger toy makers who still employ workers in the United States face increased costs to comply with the CPSIA, even though American-made toys had nothing to do with the toy safety problems of 2007.
The CPSIA simply forgot to address the class of toys that have earned and kept the public's trust: Toys made in the US, Canada, and Europe. The result, unless the law is modified, will be small, innovative companies that typically make niche products, will be forced out of business, or forced to narrow their product range and sell to the mass market. Product availability and selection will diminish. Ironically, we will be primarily left with imported plastic toys from China.
What can be done to help?
Toy stores, Toymakers and others in the industry:
Join the Handmade Toy Alliance- http://www.handmadetoyalliance.org
Parents, grandparents, and concerned citizens:
Write to your United States Congress Person and Senator and the CPSC to request changes in the CPSIA to save handmade toys. You can find a sample letter with links to representatives here-
http://www.handmadetoyalliance.org/how-you-can-help/
Discuss this issue in forums and on your blog. It isn't just our businesses that are at risk, it is the very nature of the toys and products our children and grandchildren will have access to in the future.
http://www.pumpkinhaus.etsy.com
http://pumpkinhaus.blogspot.com
http://hyenacart.com/pumpkinhaus |
| 20 L A T E S T R E P L I E S (Newest First) |
| eskimobirdlady |
Posted - Dec 15 2008 : 6:01:05 PM
allison what you say if so true! as a society we have been tought thru the years that one neednt be responsible for thier own actions. our schoools teahc this, our government teaches this and ,sadly, "we" have learned the lesson all too well. *sigh* when the country falls apart totally and it becomes survival perhaps the few who havent learned this lesson will be the ones to save us! peace connie in alaska |
| flatheadlakegirl |
Posted - Dec 15 2008 : 4:10:48 PM
thanks for letting us all know who to cantact regarding this well intentioned but very misguided bill. Don't put more Americans out of work in favor of products made in China with no enviromental controls or workers rights. The human and enviromental cost of that cheap price on a toy simply isn't worth it. |
| pumpkinhaus |
Posted - Dec 15 2008 : 09:29:10 AM
Thank You!! I will vote on it!
And, in case you haven't seen this one yet... here is another, and this one has over 500 votes so far and is #1 under ecomomy right now!
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia
The full text of the act is here:
http://www.cpsc.gov/ABOUT/Cpsia/legislation.html
http://www.pumpkinhaus.etsy.com
http://pumpkinhaus.blogspot.com
http://hyenacart.com/pumpkinhaus |
| AprilRain |
Posted - Dec 10 2008 : 11:34:24 AM
What I found so ludicrous about this is how the government seems (to borrow a phrase) to "strain out the gnat and swallow the camel." I'm thinking of their setting of standards for an allowable amount of melamine in baby formula! How could it be anything except 0? And yet:
http://www.aol.in/news-story/fda-sets-melamine-standard-for-baby-formula/2008112910330001818922
But back to the topic of what appears to be an attack on cottage industry businesses, the FDA Globalization Act is a major threat as well. Thankfully, there is a decent grass roots effort fighting this, but it is a scary time for these gifted crafters and creators who truly care about what they do and make high quality, unique products available. :(
~April
http://aprilsatelier.wordpress.com/
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| rabbithorns |
Posted - Dec 10 2008 : 09:25:20 AM
There's another post elsewhere I just read about having to register farm animals.
It is really just a matter of trying to regulate everything to "protect" us all in such a litigious society. Maybe if we stopped blaming everyone else for our troubles and just moved on, we would stop the habit of making others "pay" for what folks used to say "that's just life".
We make doctors pay for not being gods over life and death. We make insurance pay for accidents we cause by talking on cell phones and speeding. We always blame someone else.
I'm not saying people don't make bad choices. Folks should be held accountable, but when did we become the "human race" police? What about God? What about karma? If we really believed in justice greater than ourselves, we'd stop trying to blame everyone else and maybe our litigious nature as a country would settle down.
Sorry for the rant...but it is so sad to keep hearing about all these - even possibly well-intentioned - laws and regulations that make it harder to just be a good neighbor. Maybe that's what's wrong. People don't know their neighbors and we don't have the relationships we used to so we regulate our interactions through the law to be "fair".
Oh dear....I'm just sorry for all this trouble to small businesses and farms...
http://www.rabbithorns.etsy.com & www.wayofthewife.blogspot.com |
| pumpkinhaus |
Posted - Dec 10 2008 : 09:14:05 AM
OMG rabbithorns! Contacting Michelle Obama is a wonderful Idea!!
Thank you so much to everybody keeping dialogue with this post, and the other one I left over in The Marketplace. There are so many people willing to shrug this off thinking it doesn't apply to them, but this truly is a jumping off place for the gov't to start regulating much more of what we say and do!
http://www.pumpkinhaus.etsy.com
http://pumpkinhaus.blogspot.com
http://hyenacart.com/pumpkinhaus |
| rabbithorns |
Posted - Dec 09 2008 : 09:09:34 AM
I guess as a consumer I was lucky. Maybe the pajamas had to be flame retardant, but that didn't mean I had to buy them. I inherited all cotton hand-me-downs for my kids and they were so old, they didn't have anything nasty in them.
But this would be a real kink in a children's clothing business who want to offer only natural fibers without special coatings or synthetic fibers.
I really believe it's Michelle Obama who, if it makes things tough for family-run home businesses, could be an advocate. First Ladies often take on projects like that...just a thought.
http://www.rabbithorns.etsy.com & www.wayofthewife.blogspot.com |
| ThePixiesPlayhouse |
Posted - Dec 08 2008 : 6:54:03 PM
We are trying to get a toy business off of the ground.....this will affect us. We use all wood, beeswax and orange oil......that is it.
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| eskimobirdlady |
Posted - Dec 08 2008 : 5:29:40 PM
the government regulates so many out of business! personally i think that the flame retardent bs is just that! imho plain old cotton and wool are much safer for children than fabrics that melt into the skin if it gets too hot! have you ever taken the pajamas that are fir retardent and put them to a match?? i have and its scary! the manuafcturers of infant goods often place something on the market that inst safe and will only recall it if there are enough lawsuits to make it financially beneficial to themselves! proof of this are the many infant beds, seats, swings etc that are recalled every year! the government needs to look at regulating themselves leave its citizens alone, and get a life!
peace connie in alaska |
| rabbithorns |
Posted - Dec 08 2008 : 12:03:23 PM
very cool. thanks!
and thanks for bringing this to everyone's attention. of course, the document itself is already open to a great deal of interpretation, but it will be important to see how the actual "enforcers" of the information are interpreting it.
thanks for the link to the forum.
http://www.rabbithorns.etsy.com & www.wayofthewife.blogspot.com |
| pumpkinhaus |
Posted - Dec 08 2008 : 11:54:11 AM
I have had to delete portions of the original text above under advisory.
Please refer to this site All the information there is vetted from legitimate sources, not hearsay. There's a lot of info there not found anywhere else on the web including private correspondence with legislators and cspc.
http://www.fashion-incubator.com/phpbb/viewforum.php?f=32
Thank You!
http://www.pumpkinhaus.etsy.com
http://pumpkinhaus.blogspot.com
http://hyenacart.com/pumpkinhaus |
| pumpkinhaus |
Posted - Dec 08 2008 : 11:48:17 AM
rabbithorns....
I am in contact with Kathleen from fashion~incubator and she has opened a forum with loads of information. All the information there is vetted from legitimate sources, not hearsay. There's a lot of info there not found anywhere else on the web including private correspondence with legislators and cspc.
http://www.fashion-incubator.com/phpbb/viewforum.php?f=32
http://www.pumpkinhaus.etsy.com
http://pumpkinhaus.blogspot.com
http://hyenacart.com/pumpkinhaus |
| rabbithorns |
Posted - Dec 08 2008 : 11:21:38 AM
The bill seems to focus on lead, phtalates, and flammable fabrics.
It does not apply to those "whose selling activity is intermittent or does not constitute a trade or business."
It also only seems to require testing and cautionary labeling on certain items, mainly infant furniture and plastic toys, electronics, and games using plasticizers or plastics that may have used plasticizers (pthalates) in their manufacture (don't know if velcro falls under that).
I haven't unraveled the flammable fabric items part yet...
I did find some articles about products using phtalates. One Dutch study examined these plasticizers in school bags, pencil cases and erasers, and found the levels low enough not to be toxic, but very few home businesses use plasticizers in the manufacture of products, I'm guessing. And if they do, perhaps they want to look at another line of products that are safer or need no testing.
Pthalates are also use in toys children may put in their mouths like rattles, rubber duckies, etc. While I like a good rubber duckie (my daughter collects them but she's 19 next week), I suspect the world can live without them if it means not making, selling, or buying plastic petrochemical items that have potentially toxic chemicals.
The day has been coming for a long time now when plastics will simply have to go by the wayside in some areas of life. My dad said all the toys in his day were metal or wood. He survived nicely IMHO.
If we use plastics in children's items, such as Velcro, maybe we'll just need to use another option if that's a potential testing problem. It won't kill us to find non-plastic, non-lead resources. Those using materials completely lead- and phtalate-free seem to be in the clear in the first place. Also the bib maker would not have to test each item as described above. If items suspected of being tainted with lead or phtlates were used, then a sampling of items would have to be tested according to the bill. If each bib had the same "ingredients" but were of differing styles or colors, that doesn't seem to make each one a totally different product.
Of course, always best to have a lawyer look at any law and compare it to your business' practices. But that's my take from reading it so far....
http://www.rabbithorns.etsy.com |
| pumpkinhaus |
Posted - Dec 08 2008 : 11:10:43 AM
Part of what we would like to see ammended in this law is to:
A) get some categories like fabric, paper and wood exempted
B)get a cap on the gross income of those companies that are required to do third-party testing (like those that gross under $50K per year and are low-risk don't need to meet standards).
C) that suppliers' certifications may be used if applicable
http://www.pumpkinhaus.etsy.com
http://pumpkinhaus.blogspot.com
http://hyenacart.com/pumpkinhaus |
| rabbithorns |
Posted - Dec 08 2008 : 10:45:24 AM
I'd like to read this myself before jumping to conclusions, but as for cribs and infant equipment, that stuff is already tested before it's sold. If you buy them at thrift stores, you only have to look them up online to see if they meet standards as almost any crib post 1985 will. You can also make a list of companies that meet standards before you go looking.
Secondly, materials used for making toys, fabrics, buttons, etc. also can be researched for the toxicity this law is searching for and I truly doubt that each and every tiny home business selling cloth rattles is going to be shut down for not testing each item individually if the materials used can be proven to be "clean".
It could be worth it to have a file of each pattern or blueprint for handmade items that include swatches of the materials or listings of them and their manufacturer or source in case of audit.
Of course, I'm so small a business that I don't have much to do with legalities. I have my license, I pay my taxes (well, not really because we never make enough money to pay taxes anymore as a family), but I certainly go through all the legal motions to do my part as a good citizen. But it seems to me, the really little folks don't have much to worry about. And if you have a reasonably-sized business selling handmade diapers, for example, I would really think being able to prove the safety of the materials used proves compliance with this bill.
http://www.rabbithorns.etsy.com |
| pumpkinhaus |
Posted - Dec 08 2008 : 05:37:34 AM
http://www.cpsc.gov/about/cpsia/summaries/102brief.html
http://www.cpsc.gov/ABOUT/Cpsia/legislation.html
http://www.handmadetoyalliance.org
http://www.cpsc.gov/library/foia/advisory/322.pdf
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09042.html
http://www.nationalbankruptcyday.com
http://www.fashion-incubator.com
http://www.apparelandfootwear.com/
http://cpsia-central.ning.com/
Page 15 of the CPSIA regulation does give some exemptions:
http://www.cpsc.gov/about/cpsia/faq/faq.pdf
If you are as upset as I am by this, PLEASE SIGN THIS PETITION!
http://www.ipetitions.com/petition/economicimpactsofCPSIA?e
http://www.pumpkinhaus.etsy.com
http://pumpkinhaus.blogspot.com
http://hyenacart.com/pumpkinhaus |
| Farmtopia |
Posted - Dec 07 2008 : 9:09:08 PM
Hmmm...ok, I'm no particular expert here...so please forgive me if I mis-speak...but isn't this because of testing for pthalates, and other toxins that could be harmful to children? Granted, it definitely DOES sound like the government is working that good ole red tape with it, I wonder if there is a way to counteract it in a grass-roots way, like the "NO NAIS" campaigns?
~*~Dream all you dreamers~*~
View my work:
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And *NEW* Blogs:
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| summerbreeze |
Posted - Dec 07 2008 : 9:00:32 PM
I don't often post here anymore. I had my feelings hurt from an article in MJ magazine. That is not the point. I do feel very strongly about this thread. It is very far reaching. In April I opened a very small Toy store. The new law has caused much panic in the toy industry. Sadly because of this new law several wonderful toy manufactures will no longer import to the US. They not only meet but exceed the laws. I was told they just don't want to spend the money to meet these crazy standards. One of the companies is Selectra. It is a high quality German toy company. The games are amazing and the baby items are the best. Pel is also no longer importing to the US.
The US has gone way overboard on this.
Laura
You only live once,if you do it right once is enough. |
| pumpkinhaus |
Posted - Dec 07 2008 : 8:20:37 PM
Children's products are defined to be products that are designed or intended primarily for children under the age of 12. This would include clothing if intended for children under the age of 12.
A "child care article" includes a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething."
Wearing apparel, with the exception of some costumes, is not considered to be a child's toy or child care article. However, just a note that Halloween costumes have been regulated as wearing apparel under the Flammable Fabrics Act - but some dress or play costumes that are part of a toy set can be considered toys. This would depend on how it was being marketed. Child care articles may also include some apparel - bibs and sleepwear are the examples that the CPSC gives since they facilitate sleep or feeding.
http://www.pumpkinhaus.etsy.com
http://pumpkinhaus.blogspot.com
http://hyenacart.com/pumpkinhaus |
| pumpkinhaus |
Posted - Dec 07 2008 : 8:04:02 PM
Here's a list of names and fax numbers of the members of the Subcommittee on Commerce that will be meeting:
Bobby L. Rush, IL, Chairman
Fax: 202-226-0333
Jan Schakowsky, IL, Vice Chair
Fax: 202-226-6890
G.K. Butterfield, NC
Fax: 202-225-3354
John Barrow, GA
Fax: 202-225-3377
Baron P. Hill
Fax: 202-226-6866
Edward J. Markey, MA
Fax: 202-226-0092
Rick Boucher, VA
Fax: 202-225-0442
Edolphus Towns, NY
Fax: 202-225-1018
Diana DeGette, CO
Fax: 202-225-5657
Charles A. Gonzalez, TX
Fax: 202-225-1915
Mike Ross, AR
Fax: 202-225-1314
Darlene Hooley, OR
Fax: 202-225-5699
Anthony D. Weiner, NY
Fax: 202-226-7253
Jim Matheson, UT
Fax: 202-225-3013
Charlie Melancon, LA
Fax: 202-226-3944
John D. Dingell, MI (Ex Officio)
Fax: 202-226-0371
Ed Whitfield, KY
Fax: 202-225-3547
Cliff Sterns, FL
Fax: 202-225-3973
Charles W. “Chip” Pickering, MS
Fax: 202-225-5797
Vito Fossella, NY
Fax: 202-226-1272
George Radanovich, CA
Fax: 202-225-3402
Joseph R. Pitts, PA
Fax: 202-225-2013
Mary Bono Mack, CA
Fax: 202-225-2961
Lee Terry, NE
Fax: 202-226-5452
Sue Wilkins Myrick, NC
Fax: 202-225-3389
John Sullivan, OK
Fax: 202-225-9187
Michael C. Burgess, TX
Fax: 202-225-2919
Marsha Blackburn, TN
Fax: 202-225-3004
Joe Barton, TX (Ex Officio)
Fax : 202-225-3052
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http://pumpkinhaus.blogspot.com
http://hyenacart.com/pumpkinhaus |
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