Are you in need of customized tags or labels for your sewn goodies? Head over to Jennifer’s Jewels on Etsy – she has a HUGE selection and is just a real pleasure to work with. Her processing time is quick and her tags are beautiful and most importantly, sturdy. LOVE her work! And of course, she has 100% positive feedback because, well, she rocks. 
Are you looking for information regarding HR4040, CPSIA, handmade children’s clothing and toys? Etsy has compiled a wonderful resource here with information regarding the laws, who you can contact to voice your concerns, petitions to sign etc. Please download the PDF file and help save the handmade community!
Here’s the link for all this info.
We’re running out of time. So many crafters are going to be put out of business if this isn’t stopped or at least altered. What does this all mean for you?
Walter Olson of Forbes and overlawyered.com puts it succinctly:
“As of Feb. 10, it will become unlawful to make or sell anything intended
for use by children under 12 without a program to test the goods for lead
— even if no items of their kind have ever been found to pose a lead risk,
even if you make and sell only a few inexpensive items a year, even if
you’ve sourced their materials from the most conscientious local suppliers
and even if they’re items toddlers seldom convey into their mouths, such
as dartboards or bicycle tires.
In August, relatively lenient self-checks will give way to a much costlier
mandate for ‘third-party’ lab testing. That will mean testing every lot of
goods — typically each style/size combination — at a cost of perhaps
hundreds of dollars per lot for simple items, and potentially much more
than that for items with multiple colors, components or materials.
Because there is at present no green light for once-for-all component
testing, the same bit of elastic or fabric trim will have to be tested again
and again as part of each lot.”
THE US GOVERNMENT
What can I do? Who can I contact?
Below you will find those who need to hear from you on this important issue. It is
crucial that you reach out to the CPSC, your elected representatives, and the key
members of The Committee On Energy and Commerce.
1. Contact The Committee on Energy and Commerce
The Committee On Energy and Commerce is the congressional committee that
sponsored the CPSIA, and they are the ones who can call a hearing to delay,
amend, or repeal the CPSIA.
Please urge them to hold a hearing on the CPSIA before February 10th. This is
the first step to getting the legislation delayed, amended, or repealed.
Snail Mail:
The Committee on Energy and Commerce
2125 Rayburn House Office Building
Washington, D.C. 20515
Telephone: (202) 225-2927
Web: http://energycommerce.house.gov/
The ranking members of the Committee are:
The Hon. Henry A. Waxman- District 30 Los Angeles
http://www.visi.com/juan/congress/cgibin/
newmemberbio.cgi?lang=&member=CA30&site=ctc
The Hon. Bobby Rush Illinois District 1
http://www.visi.com/juan/congress/cgibin/
newmemberbio.cgi?lang=&member=IL01&site=ctc
The Hon. Joe Barton Texas District 6
http://www.visi.com/juan/congress/cgibin/
newmemberbio.cgi?lang=&member=TX06&site=ctc
The Hon. Ed Whitfield District 1 Kentucky
http://www.visi.com/juan/congress/cgibin/
newmemberbio.cgi?lang=&member=KY01&site=ctc
We encourage all of you to urge your friends and family who are constituents of
these men to let them know that they want the CPSIA delayed, amended, or
repealed.
Sample Letter to The Energy and Commerce Committee
Dear Congressmen [Waxman, Whitfield, Rush, Barton],
The economic crisis in our country is already devastating millions in this country.
That is why it concerns me that under the CPSIA, even more small business
owners will be driven out of business, deepening the crisis. The premise of selfreliance
and entrepreneurship on which this country was founded is in jeopardy.
Under the very important auspices of child safety, the CPSIA may have grave
unintended consequences: fewer choices for families who are looking for
handcrafted and secondhand alternatives. Many artists, vintage sellers, and
craftspeople have expressed fears that they won’t be able stay in business due to
the burdensome cost of testing and certification pursuant to the proposed
legislation.
I urge you, please, hold a hearing before February 10th, to delay implementation
of the CPSIA. It is essential that you amend this well-intentioned law in order to
protect this thriving and crucial part of the American economy. Failure to do so
will unnecessarily devastate countless people, many of your constituents among
them.
It is time to do what you meant to do with the CPSIA, and truly protect your fellow
Americans and their children.
Sincerely,
[Your Name]
There is so much more information on how you can help – please read through the whole PDF file here.
CLASS ACTION LAWSUIT
==========================================================================================
Please read the following press release. If you are an interested party directly affected by the CPSIA that will take effect as of February 10th, I urge you to join us in this class action lawsuit.
Contact me or the contacts listed below for additional information.
Warmest Regards,
Dawn Michelle LaPolla
http://www.babysproutnaturals.com/
dlapolla@gmail.com
FOR IMMEDIATE RELEASE
==========================================================================================
Moms band together to save their businesses.
Rachele Dressler-Sweetser is a mother of 3 and owns http://www.MonkeyBabyClothes.com, a creative children’s clothing line. This business is not only her additional “baby” but her main source of income. She created Monkey Baby out of necessity. As a single mother she was faced with the issue of a sick child with medical needs that could not be left alone. She combined her creative sewing skills and marketing knowledge to create a fun and successful children’s clothing line. Waking up to a new year she is faced with her legs being knocked out from under her with this quiet law going into effect with huge consequences.
Dressler-Sweetser says “I have built this business out of love for my children and my God-given talents. It is my dream, livelihood and my future. I can’t sit still. I understand the need to keep our children safe but this law is too broad. It is not in anyone’s interest as it is currently written.” Dressler-Sweetser has contacted the Kushner Law Firm to begin the process of a Class Action Suit to prevent the law’s enforcement of the February 10, 2009 deadline. She is actively contacting businesses owners that this law will effect to ban with her in preventing its enforcement on February 10, 2009.
The Consumer Product Safety Improvement Act (CPSIA) is requiring lead testing on all products (including apparel and components of apparel which knowingly have little or no lead such as ribbon, tulle, thread, elastic etc.) designed for children under the age of 12. “This new Act is unconstitutionally overbroad and vague, and disregards the significant and disastrous impact on small and medium businesses as Section 605 of the Regulatory Flexibility Act requires” says Michael Kushner, of The Kushner Law Firm.
Immediate action is required in order to save many businesses and to keep costs from skyrocketing for children’s toys, accessories and clothing.
Contact:
Rachele Dressler-Sweetser
http://www.monkeybabyclothes.com/
949.916.9288 ph.
949.916.9087 fx.
Attorney:
Michael Kushner
The Kushner Law Firm
949.421.3030 ph.
949.421.3031 fx.
http://www.kushnerlawfirm.com/
==========================================================================================
Because of the overwhelming response to the potential Class Action Lawsuit, I’m requesting that interested parties, please fill out the form below. This will help as we organize our action as well as alleviate the burden of paperwork once we move forward with the attorney.
You are not committed to any legal obligation by filling out this form, this is just an interest list. Our initial Retainer to hire The Kushner Law Firm, www.kushnerlawfirm.com, is $10,000 divided by the amount of participants. Therefore, the more people that enter into that contract the better. I will update everyone once we’ve achieved 50+ people. Then we can decide if we can all afford the cost at that time, and he will prepare the Ex-Parte filing with the Federal Court. Please direct your inquiries to me, as he legally cannot discuss this issue with you until we as a group decide to “retain” (hire) him.
I will do my best to get everyone’s emails and phone calls returned as quickly as possible. Feel free to forward this to interested parties.
Thank you,
Rachele Dressler-Sweetser
Monkey Baby
http://www.mainemerchants.org//docs/CPSC%20Press%20Release%201-8-09.pdf
And, here’s an email from a congressman – it’s definitely a step in the right direction! At least the ‘powers that be’ are thinking and listening to us.
Dear Mrs. *********:
Thank you for contacting my office regarding the Consumer Product Safety Improvement Act (CPSIA) of 2008. I appreciate hearing from you on this issue.
In response to the recall of millions of Chinese-made toys made with hazardous levels of lead paint in 2007, Congress began consideration of a measure to improve safety standards for children’s toys. On March 6, 2008, the Senate passed the CPSIA by a vote of 79-13. On August 1, 2008, the Senate approved the conference report to accompany H.R.4040 by a vote of 89-3. I supported both measures. Consumer safety is vital at all levels, and this legislation can do a great deal to improve enforcement. It is important that the Commission is strengthened with an increased budget at a time when there has been a serious problem with unsafe foreign imports.
The CPSIA authorizes increased funding for the Consumer Product Safety Commission (CPSC) so that the CPSC can effectively enforce our safety standards. It also limits the use of phthalates, which are plastic softeners used in toys and are believed to cause harm to reproductive development. Additional requirements include mandatory premarket testing for lead and other hazards by certified laboratories, the mandating of current voluntary standards for toy manufacturing, and a prohibition on the exporting or distribution of products that have been designated as imminent hazards to public health or safety.
In response to complaints from thrift stores and sellers of handmade toys that these new restrictions, to be enforceable on February 10, 2009, are unworkable and would drive them out of business, the CPSC has given preliminary approval to changes in the new lead-testing rules. Tentative exemptions have been granted for items with lead parts children cannot access, clothing toys, and other goods made of natural materials such as cotton and wood, and electronics that are impossible to make without lead.
I will continue to monitor your concerns with the implementation of this Act, and should this matter come before the Senate I will keep your thoughts in mind.
Again, thank you for taking the time to bring your views on this issue to my attention. The concerns of my constituents are of great importance to me. Should you have any further questions or concerns, please do not hesitate to contact my office or visit my website at .: United States Senator Arlen Specter, Pennsylvania :: Home :..
Sincerely,
Arlen Specter
(from change.org)
Go to their site and VOTE.
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia
A Proposal From the handmadetoyalliance.org:
In 2007, large toy manufacturers who outsource their production to China and other developing countries violated the public’s trust. They were selling toys containing dangerously high lead content, unsafe small parts, and chemicals that made kids sick.
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 children’s products, mandates third party testing and certification, and requires manufacturers of all goods for children under the age of 12, to permanently label each item with a date and batch number.
All of these changes will be fairly easy for large, multinational companies to comply with. Large manufacturers who make thousands of units of each item have very little incremental cost to pay for testing and updating their systems to include batch labels. Small businesses however, will likely be driven out of business by the costs of mandatory testing, to the tune of as much as $4,000 or more per item. And the few larger manufacturers 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.
Anyone who produces or sells any of the following new or used items will be required to comply with the law: toys, books, clothing, art, music, educational supplies, materials for the learning disabled, bicycles, and more. Any uncertified item intended for children under the age of 12 will be considered contraband after February 10, 2009. It will be illegal to sell or give these items away to charities, and the government will require their destruction or permanent disposal, resulting in millions of tons of unnecessary waste, and placing an enormous strain on our landfills.
There is a clear disconnect between the sweeping nature of this law, and the narrow range of products that were problematic in 2007. The CPSIA applies standards that were put in place in reaction to the sale of toys contaminated with lead paint and toxic plastics. Rather than focus on these materials, this law imposes a guilty until proven innocent mentality on all children’s products by imposing mandatory testing and certification, and in the process will kill an entire industry.
Thriving small businesses are crucial to the financial health of our nation. Let’s amend the CPSIA so that all businesses large and small are able to comply and survive!
http://www.fashion-incubator.com/blog/
http://www.fashion-incubator.com/archive/cpsia-how-to-move-forward-coping-with-crisis/
http://www.fashion-incubator.com/archive/cpsia-cpsc-activism-and-what-you-can-do/
Please, DO YOUR PART!
(this is from a fellow Etsy seller)
Hello,
I am a tutu maker who sells on etsy. I am meeting with my representative on Wednesday, January 7. I am collecting photos of items that may disappear if this law is not amended. The photos will be printed, labeled then put in album and will go with me on Wednesday. The albums will also be mailed to Dingell, Rush, Martha and Oprah. I am hoping to compile enugh photos to send 1 a week until ….. well….. I don’t know. If you are one of these handmaker please email me with however many photos you’d like to send, the more the better, your name, location etsy shop or website. I have almost one album filled but I need more photos. please email to frillerup@yahoo.com.
This is so well written, I’m just going to copy and link because I couldn’t have said it any better. Please, take action. This affects everyone.
This is a blog post on Boutique Cafe by Heather.
December 17th, 2008
Article by: Heather Flottman
Owner/Designer
liliputians NYC
The sky is falling! Yes, I feel a like an overly dramatic Chicken Little. And I wish it were true considering recent congressional legislation is about to crush the life out of the handmade clothing and toy industry. I’m talking about H.R. 4040, the Consumer Protection Safety Improvement Act (CPSIA) signed into law August 14, 2008, and the ramifications it will have when it goes into effect February 10, 2009 (now being popularly referred to as National Bankruptcy Day).
Make no mistake. CPSIA was necessary in principle and has noble intentions, keeping our children safe and holding companies accountable for importing toxic toys. We all demand safety for our children and this is the intent of CPSIA; specifically to ensure safe levels of lead and phthalates in all products manufactured for children under the age of 12. Unfortunately this legislation lacks common sense, is ambiguous and fails to take into account the handmade industry.
What you see is not what you get with CPSIA. There is no distinction between big, small, or even micro one-person businesses. Whether it’s a large-scale manufacturer importing apparel to be sold in big box stores, or a work-at-home mom (WAHM) selling customs on ebay, the legislation applies the same to all.
Unit testing will be required on finished products, regardless if the components are natural materials or if you have documentation from a vendor stating that buttons, for example, are certified lead-free. As it stands, H.R. 4040 fails to recognize that textile products are inherently lead-free. Why then is an organic cotton shirt being tested for lead exactly?
Unit testing is extremely cost prohibitive to small business, but worse, it is unnecessary. In fact, it is completely redundant if the components that comprise the whole have already been tested and due diligence can prove they meet the guidelines.
To put a real dollar amount to testing one of my products, I solicited a lab quote. I was told it was $75 to test for lead per garment component and each substrate. Coated or painted items such as buttons are $100. So my Little Red Riding Hood Shirt, a 100% cotton knit shirt with an appliqué made from 7 cotton fabrics and 2 buttons eyes would cost $625 to test for lead. Flammability testing is also required and is either $50 for a certificate per component stating it meets weight code or $100 for actual testing. So add another $400-$800 for a grand total of $1,025-$1425. in testing costs for a shirt that retails for $40. If the shirt is offered in another colorway, the same testing is required despite the fact that the same fabrics are used throughout.
Small manufacturers have no way of absorbing the price of such redundancy. And all manufacturers will be required to test a finished component/item from each batch. Easy to do in mass production—simply pull one sample from a lot of thousands. But how does one comply when your “batches” are made-to-order batches of one? SKUs will also be required for each product with a permanent label on the item itself.
CPSIA will be retroactive and takes a guilty-until-proven-innocent approach with extremely hefty fines for violators. As written, any product used by children 12 and under (such as toys, footwear, carpets, clothing, bedding, luggage, lamps, toys, books, magazines, baseball cards, consumer electronics, school supplies, office supplies, jewelry, housewares, sports equipment and so on) without the newly required certification would be deemed hazardous, whether the item poses an actual threat or not. So on February 10, 2009, any unsold merchandise (in big box stores, the corner boutique, your fabric stash, Good Will donations, etc.) will be deemed “hazardous goods” and illegal to sell unless 3rd party testing proves otherwise. By the way, there are only 14 said labs currently in the United States.
Think you won’t be affected? I hope not, but the sad truth is that hundreds of thousands (if not millions) will be. Do you make children’s clothing, toys, jewelry, hair bows, accessories, furniture, artwork or anything else “intended for use by children age 12 and under”? Are you a retailer of children’s goods? Do you resell used children’s clothing or toys on ebay? Do you participate or shop at craft fairs? Do you donate used children’s items to needy organizations? Do you belong to a church that has rummage sales as a fundraiser? Does your child play sports and get their uniforms from a local screen print shop? Are you a consumer shopping for alternatives to mass-produced toys? If so, this law takes away that freedom.
Surely this legislation can be amended by incorporating some common sense and still make it possible to ensure our children’s safety without further hurting the US economy. According to the 2002 Economic Census (the last survey of its type), small U.S. clothing manufacturers (with fewer than 20 employees) contribute over $900 million dollars [consider: nearly $1 billion dollars] annually to the economy and comprise 68% of total apparel manufacturing in the U.S. This is clearly a vital and contributing asset to our economy. Multiply this fallout exponentially when you take into account the myriad other manufacturers, retailers and businesses that will be hurt or ultimately driven out of business.
So, why should you support amending this legislation?
Because the CPSIA isn’t fair and will not function as written. It inadvertently punishes American industries unrelated to toys and will ultimately result in fewer alternatives to mass produced merchandise made in China. The concept that small producers should be subject to the same rigorous standards but with lesser regulation (and common sense) has already been fought for and sustained in the food industry, which is why your local farmers market still exists. Now this same idea needs to be applied to children’s products.
What can you do?
1) Email or call the CPSIA – the office of the CPSC ombudsman 
888-531-9070
.
http://www.cpsc.gov/cgibin/newleg.aspx
Comments on Component Parts Testing accepted through January 30, 2009.
mailto:Sec102ComponentPartsTesting@cpsc.gov.
2) Email or snail mail your representatives.
http://capwiz.com/americanapparel/issues/alert/?alertid=12274476
3) Call your representatives. For their contact information just enter your zip code.
http://capwiz.com/americanapparel/dbq/officials/
4) Make your voice heard by voting on this issue. The top 3 in each category will be presented to President-elect Obama.
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia
5) Sign the petition.
http://www.ipetitions.com/petition/economicimpactsofCPSIA/index.html
6) Spread the word! Write about this on your blog. Tell others about this issue and encourage them to do the same.
7) Join others in fighting this cause.
Facebook group
Twitter search
http://cpsia-central.ning.com/notes/Notes_Home
Join the etsy community in the virtual chat with CPSIA Small Business Ombudsmen or send a handmade children’s item that will become “hazardous goods” as of 2/9/09 to Bobby Rush, founder of H.R. 4040.
http://www.etsy.com/storque/craftivism/handmade-childrens-items-unintended-consequences-consumer-pr-3056/
Etsy Thread
9) Read more about this legislation and its ramifications:
Fashion Incubator
In just 62 days it is going to become illegal to sell handmade toys in the U.S. unless they have been tested. Many of us who are crafters and Etsy-aholics certainly can’t afford this. Is it time to say R.I.P. to all the beautiful crafts we love? I certainly hope not.
Please visit the Handmade Toys Alliance to see what you can do to help all the wonderful stay at home crafters out there.
Don’t forget to sign the petition too.
We need to do everything we can to keep crafters crafting.
EtsyBABY is kicking off the holiday season on Friday, November 7th with their 2nd Annual Holiday Hunt Promotion!!!!!
Candee Cayne, EtsyBABY’s Holiday Helper, loves to play Hide ‘N Seek! EtsyBABY needs YOUR help to find where Candee Cayne has hidden! We need her back in the EtsyBABY nursery by November 30th, to help EtsyBABY members prepare for all of the holiday goodies that are purchased! She has hidden in multiple EtsyBABY Member shops and the shop owners are generously offering rewards!
KeikiBoutique is also participating – see store for details. For participating shops, please follow this link: http://shopetsyBABY.com
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