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rabbithorns
True Blue Farmgirl
544 Posts
Allison
Fort Scott
KS
USA
544 Posts |
 Posted - Jan 24 2009 : 10:27:00 PM
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There has been a load of discussion and even more wailing and gnashing of teeth on Etsy forums, but I want to let you know all the good news.
The law may have passed and will be enacted as of Feb 10th, BUT in order to be actionable, it's regulatory agency has to define
1) to whom it applies and who is exempt,
2) under what conditions is it inapplicable (what products are exempt),
3) what are the conditions of non-compliance (fines, etc.)
The "final rule" of the Consumer Product Safety Commission came out last November, but due to the outcry from secondhand stores, small businesses, childcare, and libraries, they are already revising it.
Because of the Administrative Procedure Act, anyone can contest the "final rule" and it can be revised indefinitely until people stop contesting it. There is also a class-action suit being filed as it is in direct conflict with the SBA's Regulatory Flexibility Act.
The bottom line is:
there are exemptions coming for certain materials such as fabrics so stay tuned
and
testing is not required (no matter what the actual law says) until the CPSC finishes the new "final rule" which nullifies the last "final rule" until it is completed. Since we don't know which parts are being changed, the entire old final rule can't be applied.
The law is not actionable until this mess is over and not being contested. That's the legal reality of lawmaking. It's not enforceable until the final rule stays the final rule!
The other issue is that we already have lead safety standards in the U.S. and as long as your goods are compliant with that, you are covered until the issue of testing is decided one way or another. It's the costly testing issue that is the problem for most sellers.
I've read the CPSIA and I've been reading the responses to inquiries from legislators as well as the CPSC's drafts of the "rules" - the way they want the law to be administered. It was never meant to supercede current U.S. law regarding products manufactured in the U.S. since we already have those laws. It was intended for imports but - alas - they didn't state that. So they are fixing it.
I know it's not done and I don't want to encourage anyone to do anything they aren't comfortable with. But I do want you to know that you are NOT breaking the law by not testing as of Feb 10th or even August (the deadline). A law-as -written must be defined by its regulatory agency before it can be enforced. And as I said, the CPSC is already having to revise and sellers won't let those revisions rest until they get it right.
I hope that eases some minds here. I know a lot of us or our friends have businesses that may be small but are a significant part of our finances or well-being.
http://www.rabbithorns.etsy.com & www.wayofthewife.blogspot.com |
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CPSIA developments update
