Etsy update on the CPSIA debacle May 4, 2009

In case you don’t follow Etsy, here’s Matt’s post regarding the CPSIA laws.

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

CPSIA – Resources from Etsy January 27, 2009

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.

A step in the right direction! January 9, 2009

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

Save Small Business From the CPSIA January 6, 2009

(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!

Even more on CPSIA issues – SAVE HANDMADE! January 4, 2009

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.

Handmade Toys at risk! December 11, 2008

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.

Another great article on this subject.

EtsyBABY Holiday Hunt Promotion! November 7, 2008

EtsyBABY is kicking off the holiday season on Friday, November 7th with their 2^nd 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 30^th, 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

Do you have a girl? October 26, 2008

Then you NEED to get yourself over to Just Tutu Cute’s shop on Etsy.  Oh my heavens at the cuteness!

Amanda is awesome and so easy to work with.  She custom crafted a made to match Tutu for my little one’s 1st birthday.  It is just perfect with the Gymboree Birthday girl shirt.  I adore it!

And to top it off, you can add accessories!

And now she has truly outdone herself – go check out her fairy wings.  You better believe we’ll have a set or two of those for playing dress up.   I think one for Mommy AND one for baby is in order.

EtsyKids BOGO feature October 24, 2008

One of my Posh Pouch Diaper and Wipes holders was featured on This Humble Abode – go check it out!  Then head over to Etsy and shop the massive BOGO sale!

Search Etsykids BOGO.