Wednesday, January 28, 2009
New Spring Design
Just what is the CPSIA gonna do?
Wednesday, January 21, 2009
Tuesday, January 20, 2009
CPSIA Commentary
Commentary
Scrap The Consumer Product Safety Improvement Act
Walter Olson, 01.16.09, 04:21 PM ESTSelf-congratulation makes for bad law.
If someone you know volunteers at a thrift store or crochets baby hats for the crafts site Etsy or favors handmade wooden toys as a baby shower gift, you've probably been hearing the alarms about the Consumer Product Safety Improvement Act (CPSIA).
Hailed almost universally on its passage last year--it passed the Senate 89 to three and the House by 424 to one, with Ron Paul the lone dissenter--CPSIA is now shaping up as a calamity for businesses and an epic failure of regulation, threatening to wipe out tens of thousands of small makers of children's items from coast to coast, and taking a particular toll on the handcrafted and creative, the small-production-run and sideline at-home business, not to mention struggling retailers. How could this have happened?
Monday, January 12, 2009
CPSIA Clarification
WASHINGTON, D.C. - In February 2009, new requirements of the Consumer Product Safety Improvement Act (CPSIA) take effect. Manufacturers, importers and retailers are expected to comply with the new Congressionally-mandated laws. Beginning February 10, 2009, children’s products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain children’s products manufactured on or after February 10, 2009 cannot be sold if they contain more than 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.
Under the new law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.
The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.
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.
When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC Web site (www.cpsc.gov) for information on recalled products before taking into inventory or selling a product. The selling of recalled products also could carry civil and/or criminal penalties.
While CPSC expects every company to comply fully with the new laws resellers should pay special attention to certain product categories. Among these are recalled children’s products, particularly cribs and play yards; children’s products that may contain lead, such as children’s jewelry and painted wooden or metal toys; flimsily made toys that are easily breakable into small parts; toys that lack the required age warnings; and dolls and stuffed toys that have buttons, eyes, noses or other small parts that are not securely fastened and could present a choking hazard for young children.
The agency has underway a number of rulemaking proposals intended to provide guidance on the new lead limit requirements. Please visit the CPSC website at www.cpsc.gov for more information.
Friday, January 9, 2009
More great info about the CPSIA
Thursday, January 8, 2009
What will the CPSIA do to us???
New law puts local businesses on edge
Hoping not to fold
By David Migoya The Denver Post
Posted: 01/08/2009 12:30:00 AM MST
Verity Freebern, owner of Grow, packs up clothes at her store in anticipation of closing because of a law going into effect Feb. 10 that will require nearly all sellers of children's products to verify that their wares have been tested for high levels of lead.
Local businesses that make and sell children's products — from baby-blanket makers to thrift shops — are wailing that a new federal law devised to target toys laden with lead might unintentionally force them to close.
The Consumer Product Safety Improvement Act, signed in August and effective Feb. 10, requires any maker or retailer of an item designed for children younger than 12 to conform with strict limits on lead and other harmful substances.
The law was Congress' way of slamming the door on the runaway recalls of more than 45 million products — 8 million of them toys — in the past several years, most of them from China, that contained unsafe levels of lead and other hazards. Ambiguities in the law have
small-business owners worried that the costly tests will force them out of business.
"If the law isn't interpreted differently, I'm going to have to close, and I already don't make a lot, and for this to be added to my costs is unbearable," said Olivia Omega Logan, 29, whose home- based business, Baby Candy Store, makes a line of organic T-shirts.
Though her products are made from undyed, unbleached cotton and use a screening process that's lead-free, "I still will have to test them all," she said.
The Consumer Product Safety Commission, which enforces the law, voted Tuesday to exclude from the requirements all clothing, toys and other goods made of unaltered natural materials such as cotton and wood. But printing or embellishing the items would make tests necessary.
Logan is leading an effort to pool area businesses into a voice that can be heard in Washington, D.C. They plan their first meeting today at Ambajam Children's Clothing in Denver.
All items marketed for use by children must be tested and certified as meeting strict lead limits. And if a retailer doesn't have the manufacturer's certification, it's required to test and certify the item itself. So thrift stores, in theory, must test every child-specific item on their shelves.
The law's effective date has been dubbed by some small businesses as National Bankruptcy Day because of the high costs they face in meeting the CPSIA requirements.
Though independent lab testing of items isn't required until August, alternative tests that can be used until then can still cost hundreds or thousands of dollars, affected business owners say.
"It's tough having a manufacturing business since we're competing with those who are making such giant quantities overseas," said Verity Freebern, whose Denver-based business, Grow, makes and sells, among other things, children's clothing.
"I can't even fathom the cost and just won't make any more clothes (and will) sell off what I have and move on," she said.
For now, any children's item not certified by Feb. 10 — no matter how long ago it was made — cannot be sold legally. However, John Moss, a Chicago lawyer who counsels clients on CPSC issues, said it's unlikely that small retailers such as thrift shops will be targeted for enforcement.
Without clarity, though, no one can know for sure.
David Migoya: 303-954-1506 or dmigoya@denverpost.com
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