We Wrote, They Listened

Here is an excerpt from a letter from members of the House of Representatives to chair Henry Waxman regarding CPSIA.

The emails, letters, and phone calls we have received from constituents about the unintended consequences of certain provisions and deadlines in CPSC's implementation plan now number in the thousands. Many involved in CPSIA's creation were passionate to improve the safty of our children's products, but surely no one expected or wanted to drive thousands of home-based and small businesses out of operation and turn thousands of Americans into surprise victims of a brutal recession. For example, it seems obvious to us tha t the hand-knitted sweaters and homemade hair bows sold by artisans on eBay are highly unlikely to endanger children's health.

The situation is urgent. On February 10, in less than three weeks, these tiny toy producers will be out of business. Their products, regardless of innocence and safety, will have to be removed from store shelves and the websites of their home businesses.

You have urged the Commission to deal with the problem by issuing new guidance. Regrettably, the kind of modifications to existing requrements needed to prevent a broad collapse of home-based businesses may take months to achieve. We are advised that even if the CPSC devotes full staff attention and moves at the most expeditious speed, it will be unable [to] issue the necessary guidance prior to February 10 without violating Federal rulemaking requirements.

Meanwhile, there is no evidence that these micro-producers are doing anything wrong or endangering anyone, and we believe there is no reasonfor them to suffer a dvasating economic blow simply because their government cannot find a way to help in time.

Thanks to ZRecs for keeping us up to date.

More CPSIA

I've been saving a CPSIA post as a draft for weeks, adding to it when I could find spare moments. Then I came across a post on another bloggers site, and she says everything I wanted to. Here's some CPSIA info from Sarah, author of My Charmed Life.

"Safe" at What Cost?

You know what keeps me up at night? Well yes - two fussing four month olds - but what do I lie in bed and think about after they are again sound asleep? What interrupts those precious few minutes of peace I get each morning in the shower and hangs over my head like a dark cloud for the rest of the day?

Five letters. CPSIA. Implementation of the Consumer Product Safety Improvement Act begins on February 10. Sadly, most of the general population has never even heard of it. Many of those who have heard of it may assume it's a good thing - with a name like that, how could it be bad? We want safer products, right?

This legislation is troubling on so many levels. It will have a severe impact on my business to be sure, but it also affects me generally speaking as a parent. I love my children, they are my world. Of course I want to protect them. The original intent of the CPSIA was likely just that, to protect our children from harmful substances such as lead and phthalates. Somewhere it got off track, way off track, and now I firmly believe it will do more harm than good.

The CPSIA comes after a year which saw recall after recall in the toy world, largely involving toys imported from China which contained dangerous amounts of lead. As written, the CPSIA requires that each and every children's product (the definition of which is VERY broad) be subjected to costly third-party testing and issued a certificate of compliance with stated levels of lead and phthalates. Products which do not have this certificate of compliance will be treated as banned hazardous substances. Even inherently lead-free items such as unfinished wood and unembellished fabric are subject to these requirements. Simply stated, under the CPSIA, products will be treated as hazardous until they are proven otherwise.

The cost of compliance will simply force many small businesses and artisans who produce small runs of handcrafted items out of business. The vast majority of these products are safe and ironically, in many cases, were intended to provide an alternative to the questionable, mass produced, imported children's products on the market. It's hard to imagine how the new law will be enforced, but the penalties for non-compliance are stiff.

Raising kids in today's economy is not easy and I like to save money where I can. This past fall, I went to a local kids consignment sale. The sale was held in a large warehouse and everything from clothes to highchairs, toys to baby carriers and more was available at a fraction of the retail cost. I was able to purchase two enormous bags of clothing for my kids, along with a couple of puzzles for around $150. These clothes will make up the bulk of their wardrobes for the year. Included in the haul were many items that look just like new and several complete outfits for my daughter (Gymboree, no less) with the tags still on them. Kids outgrow their clothes so fast, particularly in the smaller sizes, that many hardly get worn at all. It makes sense as a budget-conscious mom to take advantage of this fact, right?

Being that the twins are our last children, we had planned to sell some of their gently used things as they are outgrown. Clothing, bouncer chairs, furniture...these things aren't cheap and recouping some of their cost would certainly help us down the road. You'll find parents reselling items on Craigslist, eBay, at yard sales, consignment sales and the like. This is about to change. The CPSIA is retroactive. This means that any selling of children's products currently in existence is about to become illegal. Billions and billions of products will become contraband literally overnight. They will have to be destroyed because they cannot legally be sold. Imagine the environmental impact.

There will be no more consignment sales, or bargains to be found on kids items at thrift stores and yard sales. We'll have no choice but to shop retail, from products produced by manufacturers who are large enough to incur the required testing. Undoubtedly that cost will in turn be passed onto the consumer. Poor selection at a higher price, just what we need in an economy that already finds many on the verge of bankruptcy.

Is there hope that this legislation can be amended before it is too late? I wish I knew. There are efforts underway by the handcrafting community to bring attention to this issue, but time is growing short. In an article published in Friday's Los Angeles Times, only one of six children's thrift stores contacted had even heard of the law. Many parties who will be deeply affected have yet to learn of those five little letters: CPSIA.

You can read the entire law here.

You can read my previous post, which includes links to help you contant your senators and representatives here.

Bottom line, CPSIA needs some tweaking to save handmade toys, consignment stores, work-at-home moms, our budgets, the environment, and everything else in danger if the law passes as written.

Safe Toys for Christmas/ Great Toys in Danger

This Christmas, I'm really hoping "Santa" brings Marlee some high-quality, safe, handmade toys. It's always a touchy subject with family. I don't want to be rude or ungrateful, but I also don't want another plastic toy that is 1. Loaded with chemicals 2. Noisy and overstimulating 3. Cheaply made so it will end up in a landfill and release said chemicals for eons. I generally approach the subject by asking people not to get her anything with noises or lights. That pretty much rules out the toddler section at most toy stores. I also created a wish list at one of my favorite toy sites Oompa.com. I sent an email with links to handmade toys at Etsy. I guess I can report back in two weeks and let you know if my tactics worked. How are you handling requests this Christmas?

When shopping for your little one or after the gifts are unwrapped, you can check the safety of specific toys at HealthyToys.org. It measures levels of lead, arsenic, mercury, and other toxins in toys, bottles, toddler dishes, and more. I check nearly every toy before opening the box.

As I mention, my ideal toys are handmade with love and care. Sadly, those toys are in danger.

In 2007, large toy manufacturers who outsource their production to China and other developing countries violated the public's trust. They were selling toys with dangerously high lead content, toys with unsafe small part, toys with improperly secured and easily swallowed small magnets, and toys made from chemicals that made kids sick. Almost every problem toy in 2007 was made in China.

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 toys, mandates third-party testing and certification for all toys and requires toy makers to permanently label each toy with a date and batch number.

All of these changes will be fairly easy for large, multinational toy manufacturers to comply with. Large manufacturers who make thousands of units of each toy have very little incremental cost to pay for testing and update their molds to include batch labels.

For small American, Canadian, and European toymakers, however, the costs of mandatroy testing will likely drive them out of business.

* A toymaker, for example, who makes wooden cars in his garage in Maine to supplement his income cannot afford the $4,000 fee per toy that testing labs are charging to assure compliance with the CPSIA.
* A work at home mom in Minnesota who makes dolls to sell at craft fairs must choose either to violate the law or cease operations.
* A small toy retailer in Vermont who imports wooden toys from Europe, which has long had stringent toy safety standards, must now pay for testing on every toy they import.
* And even the handful of larger toy makers 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.


The CPSIA simply forgot to exclude the class of toys that have earned and kept the public's trust: Toys made in the US, Canada, and Europe. The result, unless the law is modified, is that handmade toys will no longer be legal in the US.

If this law had been applied to the food industry, every farmers market in the country would be forced to close while Kraft and Dole prospered.

How You can Help:
Please write to your United States Congress Person and Senator to request changes in the CPSIA to save handmade toys. Use the sample letter or write your own. You can find your Congress Person here and Senator here .