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Effective immediately, the CPSC has granted a one year stay of enforcement of the CPSIA. This is fabulous news for small businesses, handcrafters, vintage sellers, libraries, and environmentalists, etc. as well as for the consumers who support them.
There are certain exceptions noted on pages 2 and 3 of the drafted stay (pages 4 and 5 of the PDF document linked below):
(1) those where testing and certification was required by subsection 14(a) of the CPSA prior to enactment of the CPSIA; and
(2) those requirements, when they become effective, applicable to children's product certifications required to be supported by third party testing for which the Commission has issued requirements for acceptance of accreditation of third party testing laboratories to test for:
- lead paint (effective for products manufactured after December 21, 2008),
- full-size and non-full size cribs and pacifiers [effective for products manufactured after January 20, 2009],
- small parts (effective for products manufactured after February 15, 2009), and
- metal components of children's metal jewelry (effective for products manufactured after March 23, 2009);
and
(3) any and all certifications expressly required by CPSC regulations; and
(4) the certifications required due to certain requirements of the Virginia Graeme Baker Pool and Spa Safety Act being defined as consumer safety "rules;" and
(5) the certifications of compliance required for ATVs in section 42(a) (2) (B) of the CPSC which were added by CPSIA; and
(6) any voluntary guarantees provided for in the Flammable Fabric Act ("FFA") or otherwise (to the extent a guarantor wishes to issue one).
Read the full details here:
http://www.cpsc.gov/library/foia/foia09/brief/stayenforce.pdf
For an easier read, check out this Etsy Storque article:
Breaking News: The CPSIA Mandatory Testing & Certification Has Been Suspended for a Year
And for a more cautionary report on this latest development:
CPSIA: CPSC staff asks 1-year enforcement stay
Many thanks to all who participated in the push for a second, more realistic and more practical, look at this legislation. Let's hope the necessary amendments will be carefully drafted over the coming year. Keep the pressure on and keep spreading the word.
Kudos all around!
[Edited to include the complete list of CPSC exceptions.]
[Edited to include the following:]
As more complete information comes to light, it is clear that there is a very long road ahead. And, unfortunately, sellers of vintage items (if they are intended for children 12 and under), makers of recycled/upcycled products, and charitable organizations and thrift shops will likely be the hardest hit, as they are NOT exempt from the more stringent, and now retro-active, lead and phthalate requirements.
Be sure to carefully read the following:
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115nord.pdf
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115moore.pdf
On September 12, 2007, Congressman Mark Pryor, D-Arkansas, introduced the Consumer Protection Safety Improvement Act, a bill that was intended to protect children from exposure to toxic products. After the recent influx of harmful toys and other children's products from China, this was meant to be a relief to parents and concerned consumers all across the nation. It became law on August 14, 2008 and is scheduled to become effective February 10, 2009. However, a closer look reveals it to be a poorly crafted and extreme piece of legislation that has more potential to cause harm than to do good. Rather than carefully researching the topic and drafting a law that would underscore the importance of child safety and place proper restrictions and requirements on major manufacturers and importers, it has created a hostile environment for any but the largest makers of children’s goods. By requiring a battery of expensive tests for each and every item and certification for all components – including resale goods - it is poised to shut down thousands of small businesses and bring many charitable companies and practices to a screeching halt.
The law (not for the fainthearted or the legalese-impaired):
http://www.cpsc.gov/cpsia.pdf
http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML
http://www.cpsc.gov/ABOUT/Cpsia/legislation.html#summaries
In layman’s terms: Any and all products that are made for, or marketed to, children 12 and under will be subject to the new laws and testing and/or certification requirements. Testing is for lead, flammability, and certain phthalates, and can run into the hundreds or thousands of dollars per item. (For a few cost examples, see here; and for a list of approved labs, see here.) Every individual component and/or color combination of an item (for example: fabric, thread, filler, buttons and other embellishments for a plush toy; paper, ink, board, and all binding materials for a children’s book) must be tested.
What this means for small businesses, resale shops and charitable organizations: Families, individuals, and small companies which specialize in handmade or limited production children’s items will be forced out of business as they will be unable to absorb the costs of testing and certification. Resale shops, although exempt from direct testing, will be forced to stop reselling all used children’s goods, as they will likely be unable to certify that those goods fall within safe-testing limits. Non-profits will be unable to collect and distribute any used children’s products, as they will not be able to certify that all goods are within CPSIA limits.
What this means for handcrafters: Aside from being grossly cost prohibitive, this will effectively eliminate the creation and sale of any handmade and one-of-a-kind (ooak) children’s products, as the testing consumes the components being tested. Obviously, this will put many small and micro businesses out of commission.
What this means for individuals: Consumers will no longer have the option to choose between mass manufactured, resale, recycled, or individually crafted children’s clothes, toys, books, furniture, jewelry, etc. Expensive testing and certification will drive up the costs of all children’s products. School and art supplies and science kits/materials, as well as some sports equipment, will be subject to testing, and will increase in price while likely decreasing in availability. Trips to the library and bookstore may become a thing of the past as libraries and shops may be forced to pull thousands of books from shelves and/or ban children under twelve from walking through their doors.
Yes, it all seems quite extreme. But these are the realities US families, consumers and businesspeople will be facing if the CPSIA is not carefully and realistically amended before its implementation on February 10.
Public outcries have been pouring in from every corner of the US. Protests and petitions have been launched. Are these people who oppose the new law against improved measures for child safety? Far from it. What they are asking for is a more realistic approach to the problem. More cost-efficient testing methods; use of certification from manufacturers of supplies to show compliance in products created from those supplies; exemption for certain categories of items that are not intended for children (ie: certain antiques and collectibles, and products made with raw or untreated materials), etc.
What can be done? Get the facts – search ‘cpsia’ or check out the sampling of links below. Join forces with thousands of others in petitioning congress to re-visit the legislation and amend the requirements.
Get informed:
http://www.etsy.com/storque/search/title/cpsia/
http://www.etsy.com/forums_thread.php?thread_id=6002704#post-33926638
Get involved:
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia
http://www.gopetition.com/petitions/reform-cpsia-hr4040.html
http://capwiz.com/americanapparel/issues/alert/?alertid=12274476
http://blog.buyhandmade.org/
http://www.etsy.com/forums_thread.php?thread_id=6013238
http://nationalbankruptcyday.com/about/
A series of excellent articles:
Scrap The Consumer Product Safety Improvement Act
Scrap The Consumer Product Safety Improvement Act--II
Scrap The Consumer Product Safety Improvement Act--III
The bottom line is this: we can protect our kids without going to extremes, and without eliminating jobs and choices.
Demand a smart law – not a reactionary one.
