CPSIA Update
The latest on CPSIA
Have been following the hub-bub on the regulations banning lead and phthalates in children’s products and toys? (Click on the link for background info.) If so, then you know that while the new law, which will go in to effect on February 10th, was meant to protect children and improve safety regulations in their products, it actually went a little too far and may make it impossible for handmade toy manufacturers and thrift stores to stay in business.
So here’s the latest news on the story.
Last week the clarified their position on the CPSIA law stating in a press release the law won’t affect thrift stores and other resellers of children’s gear. These small business owners had been worried that they would have to certify that the used products in their inventory were free of lead and phthalates…a procedure that would be cost-prohibitive for more small shops. From the press release:
The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.
Needless to say, this press releae did not exactly put anyone’s mind at ease…especially if they happen to own a thrift store or children’s resale shop. It is impossible to tell if an item has lead or phthalates in it just by looking at it. Thrift store owners could make a gues when it comes to lead…bright colored or camo paints are commonly lead based, but not always. Would any store owner really want to risk their livliehood on a guess?
In an interview, CPSC spokeswoman Patty Davis stated, “If you’re selling used children’s products, you’re not required to certify that those products meet the lead limits or the phthalates standards. What the law does require is that the manufacturers and the importers certify that those products made after Feb. 10 don’t violate the new lead limits.”
I understand that the CPSC is saying they are not targeting thrift store for compliance, but they don’t seem to understand that unless the law is actually reworded, thrift store owners will have no choice than to dump most of their inventory and only accept items made by manufacturers after the regulation went in to place.
And if you think this thrift store business is crazy, check out this article from The Boston Phoenix on the potential for CPSIA to affect libraries. From the article:
“We are very busy trying to come up with a way to make it not apply to libraries,” said [Emily] Sheketoff [associate executive director of the American Library Association]. But unless she succeeds in lobbying Capitol Hill for an exemption, she believes libraries have two choices under the CPSIA: “Either they take all the children’s books off the shelves,” she says, “or they ban children from the library.”
The bottom line: Congress needs to rework CPSIA, and the need to do it quickly. If you haven’t already done so, now is a good time to contact your representative (or your local newspaper) and let them know you are concerned about CPSIA.
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Glad to see others posting about this. I wrote about the impact on the resale industry this past weekend. The idea that, after Feb 10, I probably won’t be able to find used clothes, books or toys for my kids except at “illegal” garage sales is crazy.
CPSC Spokeswoman Chastises ‘Mommy-Bloggers’ On TV
Did you see the video from Baltimore Channel 11 where, for the first time someone from CPSC is interviewed on air? Yep. She disparages ‘mommy-bloggers’ for spreading ‘misinformation’ on the internet! Do you believe this? (Of course, the poor sacrifical lamb has already resigned, her last day is tomorrow) Gee, why do you think they picked her to go on camera?
There is a closed door Congressional Staffer meeting tomorrow about CPSIA. Today and tomorrow would be a REALLY good day to CALL, email and FAX everyone in congress you can think of as well as the CPSC.
We would also appreciate you continuing to spread the word to go to http://www.savekidsresale and Click! to vote (the petition has over 70,000 signatures) as we intend to print out all 500 pages and distribute it to Congressional members tomorrow. As you know, the CPSC has done it’s best to quell the uproar our little corner of this devil in diapers that is CPSIA by their infamous ‘Press Release’.
Thanks so much! Here’s the video http://savekidsresale.squarespace.com/recent-news-stories-video/
Also, it is hard for many very small children’s designers. I make less than 10 of any style I design and would never be able to afford these lead tests. Not only that, but it is retroactive and all of my inventory will be considered hazardeous goods. Sellers order their product 10 – 8 months in advance and all of my summer fabric has not even arrived yet. This is stressful along the entire chain.
I own and operate Trading Post for little folks. It is a children’s & maternity resale shop here in Essex Junction, VT. My family & I started this business from the ground up 12 years ago. Since we opened, our goal has been to provide a place for families to come and find excellent quality items at affordable prices for their children. In this economy, we have helped many families take care of their children’s needs. At the same time, we have helped our envirnoment by recycling gently used children’s items to keep them out of landfills.
This new CPSIA Act that goes into affect February 10, 2009 is a very big concern for me. I understand the reasons for the new law and support it, but I am very afraid of it and how it is written right now. There’s a modification for us resellers, but that is only a suggestion, not a law yet. Regardless, it really doesn’t make it any easier on us. As far as I understand, we not required to test every item we have in stock now or in the future for traces of lead, BUT if we sell anything that violates the new law, we’re liable and risk civil and/or criminal penalties.
This could be the end of my business! I have helped support my family and the community surrounding me with this business for 12 years and I want to continue doing so. At this point, I don’t know how to make sure how I will be able to comply to this new law, except for the testing. There are no resources or guidelines out there to help me determine what are “safe” products and what aren’t. I simply can’t afford to do the testing, cover all the other costs I have to run a business, and continue helping to support my family. At the same time, I can’t afford the risks of being liable for selling a product that may violate the new law.
This not only affects my business and the thousands of others like mine nationwide. It also affects charaties, Ebay, Craigslist, garage sales, & children’s libraries. In this economy many families depend on all of these to get by. How will this affect our landfills? How will this affect my insurance? If I don’t find some guidance soon, I may be forced to close and I simply can’t afford to do that either!
I really want to continue doing what I’ve enjoyed doing here for so long…supporting my family, helping other families save money and helping the environment. I’m trying to bring more awareness out there to the public on this issue. This law was meant for good, but it’s going to hurt more than help! This is going to affect many people in many different levels.
Thank you,
Michelle Ertle
TRADING POST for little folks
Here is a Dr. Seuss style story about the CPSIA –
http://easyfunschool.com/the_CPSIA_meets_Dr_Seuss.html
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