Hello Friends,

It is February 10th, the day the Consumer Product Safety Improvement Act (CPSIA) goes into effect. Eek! Given all the hubbub of late, it is difficult to know precisely where we stand. If you’ll allow me a moment of your time, I will try my best to provide a general overview of the current state of selling handmade and vintage items meant for children under the age of 12.

As always, I urge you to remember that we are not at all out of the woods on this one. Even thought the CPSC has announced a 1 year stay, you should keep the pressure on your representatives and make sure that your interests are being served. (This action kit has information for how to contact your elected officials.)

Frequently Asked Questions:

Q: Now that it’s February 10th, do I have to stop selling children’s Items that have not been tested for lead?

A: No, not at all. Before you start throwing your toys on the bonfire or hanging up your knitting needles, please understand that the CPSIA does not make it illegal to sell children’s products. So what happens today? As of today, the new legal lead limit for products intended for children 12 years and younger has been reduced to 600ppm. On August 14th, 2009, the legal limit will drop to 300ppm. The new legal limit for Phthalates is 0.1% of the total weight of a children’s product.

Q. What the heck are phthalates?

Phthalates are particularly nasty substances added to plastics to increase their flexibility.

Q. Do I need to have my goods tested by a third party testing facility?

At this point, manufacturers do not need to have third party testing or lead-free certification for their products, but are liable if their products contain more than the legal limit of lead or phthalates. This remains the case until February 10th, 2010. We are not yet sure what will happen one year from now. (Keep the pressure on!)

Q. Ok, I understand that my products do not need to have third party testing or certification at this point, but I know that I am also still liable. I want to make sure my items are safe for children because this is the right thing to do! How can I assure that my products do not have lead in them?

A.

• Work in materials that you know are lead free.
• Avoid zippers and other fasteners that may contain lead. Instead, use wood buttons or other natural materials.
• Look to less expensive home testing technologies, especially XRF. Pool resources with other sellers in your area and test together to save money. 
  

Q. What materials are recognized as lead-free by the CPSC?

The following materials are known by the CPSC to be inherently lead-free or are exempt, and can be used in their untreated/unpainted state without any risk of sanction or penalties by the Commission.

• Precious gemstones: diamond, ruby, sapphire or emeralds
• Semiprecious stones provided that the mineral or material is not based on lead and is not associated with any mineral based on lead
• Natural or cultured pearls
• Wood
• Other natural materials including coral, amber, feathers, fur, and untreated leather
• Surgical steel
• Gold, of at least 10 karats
• Silver, at least 925/1000 pure
• Platinum, palladium, rhodium, osmium, iridium, and ruthenium
• Yarn, dyed or undyed
• Dyed or undyed textiles (cotton, wool, hemp, nylon, etc.), including children’s fabric products, such as baby blankets, and non‐metallic thread and trim. This does not include products that have rhinestones or other ornaments that may contain lead or that have fasteners with possible lead content (such as buttons, metal snaps, zippers or grommets).
• Children’s books printed after 1985 that are conventionally printed and intended to be read, as opposed to used for play
• Certain educational materials, such as chemistry sets

The Commission has also provided limited exclusions for products containing component parts that contain lead in excess of the 600ppm limit, specifically:

• Components that are not accessible, that is cannot be reached by a small child’s finger or tongue. Paint and other coatings or electroplating are not considered barriers that make a component inaccessible.
• Components of electronics devices intended for children that cannot be made inaccessible and cannot currently be made with a lead level that meets the limit.

Q. I am outside of the United States. Does the CPSIA apply to me?

A: Yes. If you are selling products to customers in the USA, you must be fully compliant with the CPSIA.

Q. Where do things stand for vintage sellers?

Vintage sellers are not required to test their products for lead and phthalates. However, you are liable should the products you sell be over the legal limits.

Further Resources:

- For more info, read the CPSC Small Business Guide or download the PDF.

- The Consumer Product Safety Commission is in charge of implementation and enforcement of the CPSIA. Visit their CPSIA landing page.

- You can sign up for CPSC email updates here.

- Keep informed on CPSC updates here.

Etsy blog posts on the CPSIA issue | BuyHandmade.org blog for more news

Happy Crafting everyone!

Here’s the creator with his viking sword.

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.

From http://reformcpsia.org/2009/01/class-action-lawsuit/

Class Action Lawsuit

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

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. *********:

Arlen Specter

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!