CPSIA... a new law that will likely end handamde items for children...
@creationsbyrobin (3071)
United States
March 7, 2009 8:27am CST
For those of us that create items with children in mind... there is a law already on the books that had good intentions when it was created.
The law stemmed from the all the toys that were tainted with lead a couple of years ago. When toy manufacturers dropped the ball with toys being produced in China and failed to properly test their merchandise. Now the government wants to regulate the toy industry and any item that is created for children under the age of 12!
Of course, when our government gets involved, it tends to over-regulate and leaves millions of loopholes and too much to interpretation. Essentially, the way the law is currently written, it spells the end of crafters that make items for children and will do the same to almost all small and medium sized businesses. Actually only the big corporations that are responsible for the tainted toys, will be able to afford to comply with the new law.
A very brief explanation of this law... it requires anyone who sells anything to children under the age of 12 to have every component in everyone of their creations tested for lead and phellates (sp?) The cost will be approx $500- $2,400 per test, per item. Should you run out of a component and need to purchase more, you may need another test (I know I can't go out and buy a lifetime supply of all the components for my jewelry...even if I could afford to comply with this law).
This is an article that was found in the Wall Street Journal that indicates how this law is already affecting the American public....and this is only the start
http://online.wsj.com/article/SB123621357629835121.html?mod=rss_US_News
Not only is this law very complex and extremely vague, it comes at a very dubious time... a time when some people need to make extra money in this very hard economic time. Instead, this law is likely to force many crafters out of business and who knows how many more people are about to lose their jobs when the companies they work for may be forced into bankruptcy? Some of these companies are sitting on raw and completed inventory... all that may not comply with the law. How does a small company overcome losses like that?
For anyone who is interested in more info on this law and the run-around that the government is trying to pull, check out the Etsy.com site...go to the forums and click on the CPSIA forum, there's many great threads on this issue, including some government officials who seem to be on our side ( at least publicly ) and are calling for the Congress to reform this law.
2 people like this
5 responses
@carolbee (16230)
• United States
7 Mar 09
I think it's a good law but also understand the concern for small businesses who are trying to survive in this crunch. Knew it was expensive to test the items. I make things with plastic canvas and yarn. Other than the dye in the yarn, which has been around for centuries, I don't think my items are a threat to small children. The items I make are too large for kids to swallow. Most things are placed on a piece of furniture or a wall. I've reminded parents of small children not to let the kids chew on the craft or be used as any kind of teething aid.
Hope this doesn't effect your business. Think it will take time to get this bill passed.
Thanks for posting this informative discussion,
carolbee
1 person likes this
@creationsbyrobin (3071)
• United States
7 Mar 09
Hi Carolbee! The unfortunate thing is this is already law (no it doesn't really affect me, unless they decide that my jewelry could be for children under 12...an 18" necklace would look a bit out of place on an 8 yo!...lol)
The CPSA doesn't want to enforce the law because of the vague loopholes and Congress, specifically Nancy Pelosi and Robert Waxman are trying to replace the head of the CPSA and have the law enforced immediately.
This week, Waxman canceled a hearing where small business owners would've had their chance to voice concerns of the law. Apparently, he decided it wouldn't be a good idea to let the media hear these concerns, so he canceled and has no plans on rescheduling. Other Congressman/women have written him to hold the hearing, but so far their pleas have fallen on deaf ears (can you say a future high-paying job in the toy industry when his government career is over?)
The one aspect of this law that bothers me tremendously is that so many small retailers, distributors, manufacturers, and supply companies will be affected... perhaps gravely affected and that will mean so many more people out of work...and add in all the crafters who probably do nothing wrong and make quality products, but will now end up "out of business" because the government doesn't want to rewrite the law. Some of these people depend on that little bit of income and quite a few in my area are retired couples and almost everyone of them sell children-related items. It's both a hobby and a small business for them and it's coming to an abrupt end.
This law is forcing me to do away with using silver-plated components and switch to sterling silver. It's going to cost me more to make my jewelry and in turn, force me to sell at higher prices. In a sluggish economy charging more, even for much better quality, may be asking a lot of my customers.
I do agree with trying to protect children... as I have 2 of my own in the 12 and under category. Theoretically it was a great idea, but somewhere along the line, I believe big business and it's lobbyists with fistfuls of $$ clouded the idea and turned it into something that would only work for big corporations and work against the small business owner. It's a shame, because it's the big toy companies that are responsible for the mess to begin with.
Off of my rant-box....thanks for your response!!
1 person likes this
@jillhill (37354)
• United States
7 Mar 09
I do think the safety of the children comes first...if there is a legitamate complaint. But some of these toys have been on the market forever and no one gets sick. I do think they need to overhaul the law and make it a little better...there are companies that will go out of business. Fortunately I don't do alot with childrens articles for crafts but I do know someone that does...
1 person likes this
@DCMerkle (1281)
• United States
8 Mar 09
creationsbyrobin,
I can see where it would also hit those that do folk art type of art, like decoy duck wood carvers, or carved lawn ornaments. Now those things aren't directly toys made for children, but if the government see the materials that are used to make them it could be a problem for the folk art hobby enthusiasts. I'm primarily a needle crafter. I guess that I will have to stop using the beads that I use for embellishments.
On the lighter side of this law, you can tell that there weren't any women that were involved in the making of this law or they would have seen how messed up this law was.
DCMerkle
@creationsbyrobin (3071)
• United States
9 Mar 09
You're right! It will hit a lot of small businesses...many of them are barely aware of this law. I never heard about it until November of last year and it was made a law in August 2008.
It went into effect this February, but the head of the CSPA, decided to not enforce the law because there are so huge loopholes and the law is very vague.
I believe the person heading this group is a women, so maybe someone sees the potential for disaster and hopefully somethin will be done to change this law.
But of course, government is doing everything they can to jam this one down the American public's throats and have begun to threaten this women by suggesting she be replaced.
Hopefully cooler heads will prevail and this law gets a much needed rewrite.
Thanks for your response!
@busyB4 (874)
• United States
10 Mar 09
Hi Robin,
I did a discussion on this also some time back and was blasted as if I was not interested in it being a GOOD law, but what I was stating is like what you are stating. I am a mom and grandmother and want to keep children safe but the way this is being addrssed is what is wrong! It is WAY out of bounds for the way it is written. THey are redoing it all along if you can understand what you read!!
We make hats and blankets for the neonatal babies and also afghans for Disaster Relief. So it is affecting those type of things also. At this point yarn is okay and will noty have to be tested, but I think it is SOOOO out of preportion partiucularly when the problem started from items imported from China! Will those items all have to be tested when they send them in??? What about all the toys in the dollar stores????
At the time of the economy like it is , this seems to be out to KILL business from the US all the way around!! Just my two cents worth!
@SandynPaul (171)
• United States
7 Mar 09
all I can say is it's typical for government to try to cover for the masses, and yet leave the huge loopholes and vague and unclear parts.(form your own opinion as to what it means) Really it's because they want to be sure protection is of the utmost importance however when it comes right down to it.... We are all human including those who write these laws and they don't seem to ask a co worker to read over and help critique the wording so as to avoid vagueness, and close loopholes from the beginning, and then congress for instance can only pass or reject not re-write parts that are exactly that vague, or full of loopholes. When will they write a law that really does protect the masses, and not be full of the stuff not needed but totally clear, concise, and to the point? You would think that they themselves (government as a whole), would come to realize like we the masses do... when something doesn't work you re-write it to cover new technology, loopholes found, vagueness becomes clearer or concise. Just like I do when I rent property I include new things and rid old unnecessary items, such as when I got new windows I didn't leave in the lease you must change the storms in spring and fall. And since have run across a less desired tenant who wouldn't keep a phone leaving it hard for me to communicate so I now include you must maintain a phone. I don't say it must be a landline or cell just You must maintain a phone.
@creationsbyrobin (3071)
• United States
8 Mar 09
I think governmnet covers for the masses only when it behooves them to do so. There is far greater dangers to children in the soft drinks, candy, and foods children eat. But government would never butt heads with an industry that throws millions of $$ via lobbyists into their campaigns, and offers of future jobs/speaking engagements, etc.
The authors of this law know that they took a great idea in trying to protect children and turned it into a shambles. The way it is currently written, if it is seriously enforced, it will cost thousands of people their jobs and hundreds, perhaps thousands of companies will need to shut their doors because compliance of this law is something only the wealthiest of companies can afford (go into WalMart or Target and look around the children's clothing departments...so many items have been recalled...and when I have asked why, the employees don't even know...they just say that everyday they have a long list of items to pull from the racks that have been recalled!)
In the current economy, can the US afford to have thousands more people lose their jobs because of a complex, vague and poorly written law? It's clear that the author's of this law don't want the public to hear from all of the companies that will be gravely affected (and for some reason, there seems to be almost no media coverage on this new law and it's adverse effects on small business... not that people haven't tried to get coverage)
I hope something is done before these people lose their businesses and jobs!
Thanks for your response!
1 person likes this
@thebeaddoodler (4262)
• Lubbock, Texas
7 Mar 09
I think all these laws the government is passing to "protect" it's citizens are just a big cover-up to deliberately put small business and small farmers out of business. They're vague and full of loopholes in order to make them look like they're protecting the people, but give the government room to maneuver through any situation.
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@creationsbyrobin (3071)
• United States
7 Mar 09
This law is written so poorly. It started out with great intentions, but ended up an absolute waste of the paper is was written on. Clearly, the only companies that can afford to comply, are the ones that caused the problems to begin with. And I'm sure these big corporations have other laws to write off all of these losses and pay less taxes.
Every time the government gets involved, they always end up looking like they are more concerned with big business than with the American public... but I guess when their are lobbyists throwing millions of dollars around, greed can cloud one's thought process about what is right and what is wrong.
When I think about how many people work for suppliers, distributors, small retailers, etc, etc and they may all lose their jobs because of this.
Even libraries, thrift shops and charitable causes that distribute clothes to needy families will be affected!
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