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Story by
Vanessa
Published on January 8, 2009 in Craftivism |
Photo by |
We've gathered some encouraging news for makers of toys and children's items. Seems like the voices of handcrafters are being heard!
This just in from the ombudsman of the CPSC:
Bloomberg reported on January 6, 2009, via blog.buyhandmade.org:
Panel Exempts Some Products From U.S. Lead Rules
The Consumer Product Safety Commission voted to exempt electronic goods and products with lead embedded inside from new rules banning the metal in toys. The CPSC also exempted wool, cotton, silk, gemstones and pearls in its proposal today. Important news for handmade artists and small business owners! Read the full story on Bloomberg.
"The two-member commission, reacting to complaints from manufacturers, also agreed to exempt natural products such as gems and cotton from mandatory testing for lead. The proposal, given initial approval today, will be open for public comment for a month and may be altered.
Companies had urged the safety commission to pass more far- reaching exemptions and to put them in place immediately, before the ban on lead in toys takes effect Feb. 10.
'The deadline is coming up very, very quickly,' said Sheila Millar, a lawyer representing the Fashion Jewelry Trade Association. Companies 'want clarity and they need it quickly,' she said.
Still, companies shouldn’t expect a crackdown, said Julie Vallese, a spokeswoman for the commission.
'There’s a need for compliance, but it’s fair to say that the toy police will not be descending on all of America on Feb. 11,' Vallese said."
In a related story, the LA Times ran the headline "Regulators rethink rules on testing children's clothing and toys for lead: The Consumer Product Safety Commission gives a preliminary OK to exempt some items from testing after complaints of hardship to thrift stores and sellers of handmade toys."
Even though these exemptions have been announced, the CPSC is open to more comments. The deadline is now January 30th.
Visit www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML for more info:
"Request for Comments and Information Mandatory Third-Party Testing for Certain Children’s Products Section 102 of the Consumer Product Safety Improvement Act (“CPSIA”): Component Parts – COMMENT REQUEST, January 30, 2009 [PDF]"
From Healthy Child Healthy World (healthychild.org), via blog.buyhandmade.com:
Let's Talk about the Toxic Toy Bill (CPSIA)
"Join us for our monthly Green Grapevine conference call to discuss this important issue. Our expert panel will include Jennifer Taggart (attorney, product testing consultant, aka The Smart Mama), Adele Meyer ( Executive Director of the National Association of Resale & Thrift Shops), Dan Marshall (owner of Peapods Natural Toys and founder of The Handmade Toy Alliance) and Kathleen Fasanella (Owner of Fashion Incubator and apparel industry consultant). Since there is so much confusion and so much to cover, we are requesting that people submit questions in advance for our panel of experts to address on the call. Please enter your questions in the comments section below. We will try to cover as much as we can.
When: January 15, 1:00PM PST
Dial: (218) 339-3600
Access Code: 1036416#
These monthly conversations are recorded and archived as podcasts."
Healthy Child also referred to the following links for more info:
The CPSIA and the Resale/Thrift Industry
CPSC Proposes Exempting Certain Materials from Lead Content Testing
Confusion over the CPSIA – What is Covered?
CPSIA: How to Move Forward, Coping with Crisis
Also, blog.buyhandmade.org gave a heads up about The Smart Mama and Learning Resources:
The Smart Mama is a great blog that “provides eco-consulting to make your home healthy, green, non-toxic and safe”. It also happens to have a ton of CPSIA info. Give it a look, and follow her on Twitter @thesmartmama.
Learning Resources CPSIA News & Tools
Learning Resources (an educational toy company) has a ton of helpful links and info. Rick’s blog is great for breaking news.
Save Small Business From the CPSIA at Change.org:
Bloggers and non-profits can endorse the Change.org issue and individuals can get behind the cause at this link. Watch the related video below:
Handcraftivist on Youtube:
More video content! Handcraftivist is collecting pertinent videos on her Youtube Channel.
See our past posts about the CPSIA and this thread.
Thank you to Cecilia aka paperdreams and RainLily for keeping us in the loop!
88 comments Login to add your own!
quirkybags
I'm glad that they've clarified that used items are not included, but I still haven't heard anything that says handmade toys are safe. Thank you for sharing this information.
Vanessa
January 30th is the deadline for more comments. The CPSC is still reviewing.
LemonCadet
Yay!!!
Let's hope they add a few more natural materials to that list of acceptables.
mrsbeccijo
sounds like they are listening , here is to hope that they will get it right for us Etsy sellers. Justice for American Toys! Not guilty of lead before proven innocent!
bubbletime
Thank you SO much for keeping us updated, it is really appreciated :)
roundabout
Thank you, Etsy, for the research and reporting, and for everyone who got the word out about how this law affects crafters. There's hope yet for my baby and kid hats!
stonesofhealing
Thanks for the update - wool, cotton, silk, gemstones and pearls are exempted. Terrific! But how are we supposed to string our pearls and gemstones? On our silk cord, I suppose - but what about sterling silver and gold clasps and toggles? :o)
And is the exempted wool, cotton and silk undyed, only? So many questions! :)
BundleBaby
Wonderful Update, thank you! We still need to keep working toward amendments and component testing...keep up the good fight everyone! :)
jlyarnworks
So...resellers don't have to test items. But if they're caught selling anything that doesn't pass muster, then they're still criminals and can face fines and possible jailtime? Seems like the risk still might not be worth staying in business. Or am I reading it wrong?
rozzissweetpeas
Thanks to everyone who voiced their opinion is such a way as to get the needed attention of our representatives and the Child Protection Agency. Please keep up the good work. This is so encouraging to me, a small business owner, a seamstress that LOOOVEES to sew for babies. There is light at the end of a very DARK Tunnel. thanks rozzi
RaeGun
I hope some more exemptions will be added. Thanks for compiling all of this for us.
fairiesnest
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. I'm wondering how to test one of a kind, artisan stuffed animals and dolls. The testing ,as I understand it, destroys the product so how can an artist comply?
theenchantedcupboard
GOOD NEWS FOR US ALL!
http://www.kval.com/news/37241774.html
mamafamilias
I figured that the gov had better things to do than track down every crafter who makes children's goods, but its nice to know for sure that their "enforcement" is going to focus on the big players. Though it would be nice if crafting for children was legal and not an act of civil disobedience:)
sweetestpea
Thanks for the updates! Here's hoping there is even more clarification for us crafters who make things in small quantities. Nice to hear that cotton is exempt, though!
enfantjoli
Wonderful! It made no sense to me as I think homecrafters are very astute and careful at what they put together to sell.
ElizaHoneyShed
Good News and Good Information! Thanks so much for the update.
ASecondChance
I'm so glad they're listening. Definitely helps the eco-crafters and vintage.
sophiesbeads
Thanks for keeping us updated. My prediction- this law will end up being overturned by the Supreme Court within a year. LOL
SquaresOfFlair
Thanks for keeping us updated! Hopefully more good news will come.
TheGarmentFactory
We really need to stay on top of this, folks, and not become complacent because they have given us a little. They really have given us only a very little. Natural fibers, but no dyes. How many beige outfits do your kids like to wear? How many beige dolls?
As for resale, basically they are saying, "Go ahead and sell it, but if we find out it has lead we are going to slam you to kingdom come."
Yes, these are steps in the right direction, but we are far from where we need to be. Keep getting the word out! We are making progress, but we can't quit now.
LadybugLimited
Not sure if I can stop holding my breath yet, but this is a step in the right direction. Thanks for the compilation Admin. Off to do more reading!
littlerascals3
Need more information here. Seems that at first it was only "natural" undyed fibers, and now they're not specifying dyed or undyed, just cottons in general, in which case I could definitely breathe a little easier. Hope this is the case.
shellieartist
I just can't imagine a world without all the little handmade toys and accessories I buy for my little guy here on etsy. Hoping for more clarification on the buyers side...I don't want these things to go away. I feel better and safer buying things for my son on here then in Wal-mart...that's for sure.
Thanks etsy for filling us all in on where this is now.
ButtercupCustoms
I customize / handpaint children shoes and sell on Etsy & Ebay. I use only safe non-toxic paints. Does this mean I will have to go out of business?
LullaLoo
Hurray; it's the first step in the right direction! Thanks ADMIN for keeping us updated on this!
quiltingmama
A light at the end of a tunnel, to be sure...but we must remain vigilant. :)
bobsandbits
I use paints too buttercup. Can't figure out how this will play out for painters.
Triskelt
What about jewelry items that can be worn by any age, including 12 year old kids and under? Does something have to be specifically made/sold to that group? I'd love some clarification from the CPSC on this. I know a lot of moms buy my necklaces for their under 12 year old daughters, but that doesn't mean they're "children's necklaces."
littlebrownbird
It still makes no sense to me. If an item is handmade, using only components that have already been tested or determined to comply with lead restrictions, why doesn't that satisfy compliance with this new law? Or am I still missing something here? Like so many of us, I know I don't understand this law very well. And I'm sure I'm not alone in being angry that so-called law makers jumped the gun on passing this without having looked at it from so many missed angles.
janssendesigns
Thanks for the update, etsy. Little by little they are realizing the far-reaching effects of this hastily-thrown together Act and are slowing making exemptions. But so many questions remain. What about clothing made from recycled materials from thrift stores, to name one?
DivaMommyDesigns
I am confused still. Can we continue to make our handmade goods and sell them online? What is exactly exempt??? Can someone convo me.
Thanks
idarose
I'm glad that the "Commission" realizes that it needs to modify this law. As someone mentioned in a previous comment, however, resellers still cannot sell items that have lead content and are subject to civil penalty if the do so. Will they take the risk? This law still needs a lot of work.
I'm glad the articles mention that large manufacturers of books, bedding, clothing, etc. are now involved in lobbying for change. Hopefully that will help the handmade cause too since we use many of the same materials.
Lastly, I am disgusted to read that the "Commission" has only 2 members and one third vacant seat. Seriously? Only 2 people were responsible for compiling a law that affects millions (at least)?
PinkTadpoles
It still states that manufacturers have to certify their merchandise meets the safety law requirements. And although good news for resale shops and the like what do people think is to happen a little into the future? If most of the local/independent designers and smaller manufacturing companies close their doors, that eventually affects resale shops as well. People will keep their children's clothes & toys in storage until they find a friend or family member to pass them down to or sell them at garage sales/ebay/craigslist. People will finally realize that name brand isn't worth the money. I do not believe this clarification really is an improvement. It's just a bone being thrown for those dumb enough to open their mouths for it.
janssendesigns
In response to pinktadpoles, I believe this is an improvement (although so many more are needed). This clarification helps thrift stores, etc. and all the people that rely on buying their children used clothing (and toys, etc) and also the charities that thrift stores are involved with. And helps the environment so all those clothes, etc that thrift stores sell don't have to head to the landfills now.
sophiesbeads
Thanks for the important reality check, TheGarmentFactory. You are right.
lillifeeboutique
"The staff recommends that these findings only apply to a material that is untreated and unadulterated by the addition of materials or chemicals including pigments, dyes, coats, finishes or any other substance, and has not undergone any processing that could result in lead content that exceeds the CPSIA lead limits" So only undyed, unaltered cotton is exempt....
See it for yourself here:
http://www.cpsc.gov/library/foia/foia...
rockerbaby
Ok , I really have to be stupid as I still don’t get it what is going on , we make children’s clothing and it is handmade not imported , we use 100% cotton , these fabrics come from the distributors of well known designer, were all fabrics are produced in their studios , my point is what do we have to do with this Law I thought that you get led , as I have read plenty on the subject as I am a mom of 3 and from my children’s doctor , paint chip different toys and so , but what do our clothing have to do with this ,are the children going to eat their clothing, my kids did but only their bibs , so what is the point , do we have to have every single piece of fabric to be submitted for testing as I am not about to use white unbleached cotton or I may as well close shop , it still don’t make no sense.
prixprix
It's so important to be clear when putting info out about these exemptions... The only textiles they've proposed to exempt from testing are undyed, untreated natural fibers. The moment you do anything to it, it has to be tested.
It's pretty silly how they say that resale shops are "exempt", then turn around and say they will face criminal charges if it turns out something they sell does not meet regulations. They're not exempt at all! They are only free from the over-the-top third party testing requirements that everybody else has to stick to. This doesn't really help children's product handcrafters at all, unless you are only using natural, undyed textiles and wood.
prixprix
Also, you really don't want to breathe a sigh of relief just because the CPSC says they're not going to crack down on crafters immediately on Feb 10th. You don't want a law on the books that makes crafting for kids illegal, whether or not they plan to enforce it right away. Tell your friends how awful this law is and call your congresspeople.
prixprix
And lastly- Congress made this a law, not the CPSC, and Congress has to make the necessary changes. It looks like most of the members signed without really reading through it or having any idea what the implications are of the testing requirements. To get this fixed, please write and call your congress people!
KiraArts
I was excited at first reading this, but I really hope they plan on giving us a little more.
I make plush toys and I use a lot of clean recycled clothes in my work, but I also use storebought fabric, polyfill, and other materials bought from fabric/craft stores. The thing is...I'm sure these materials have already been tested for their safety before they get to the store, due to the fact that the fabric/thread/polyfill etc. is being sold with the intent of someone using it to handmake clothing/blankets/toys...so why would the person making an item need to pay to test the materials again?
I hope the people in charge of amending the CPSIA think about this and make more changes. This little bit isn't going to apease us.
monkeyfootdesigns
Doesn't look like cotton, etc is exempt from the phthalate testing though...
aprilscott
The exception is for undyed, untreated cotton only. So even if you make a natural cotton sewn product with wooden buttons, what are you going to use for thread?
breadandroses
After much thought, concern and outright worry, it occurs to me that the makers of the components used should bear the onus of all testing and certification for safety, per CSPIA law, NOT us small scale artists. The corporations making the fabric, thread, quilt batting, every various and sundry sewing notions that could possibly be used including ribbons, bias tape, twill tape, lace, trims, et al. This is all BEFORE any of these products are sold by suppliers such as JoAnn's, Hancocks plus all the online purveyors of sewing and crafting supplies.
Aprilscott has it right - what do we use for thread? And sewing pins, sewing machine needles. The latter comes out of India and China, are poor quality compared to the vintage W. German products of past decades and who know what kind of nasty chemical, possibly including lead, are used in these unregulated factories.
And why just restrict this law to items for children 12 & under (playing devil's advocate here-grin), does it not matter if the rest of us are exposed to lead, phthalates and other potentially carcinogenic substances.
Automobiles, refrigerators, soap and shampoo bottles.....gee, kids touch all those & so much more in our everyday environment. They may be contaminated at unacceptable levels, too. Who's mandating testing for those items?
Just trying to illustrate in the extreme how untenable and ludicrous this legislation is as currently implemented.
Idarose notes that the commission is comprised of ONLY 2 PEOPLE (1 seat vacant). Insane that two individuals with totally undisclosed qualifications, or lack thereof, should have the power to adversely impact the basic livlihood of countless people. Egregious is the word.
bugbitesplayfood
hear hear breadandroses! Just ridiculous & sick. Can't believe that only 2 people have caused this much havoc in our country. Way to go guys...
amyjolovescotton
Referring to breadandroses Jan 11, 2009 12:58 pm, very well said. I hope the CPSC reads your comments. The burden of proof of safety should be on the original producer of each product we buy. If it's not safe for children under twelve years old, why is it safe for you and me. Why do we purchasers have to prove someone else's product is safe.
Seems to me the bigger problem is what is coming into the United States from far away countries. Can't the problem be stopped before the items enter the country?
breadandroses
Thank you Amyjolovescotton - Actually you and many, many others have said it far better than I can express. Also, apologies for some grammatical errors, etc.
An interesting, and timely, editorial was in our local Sunday newspaper, 01/11/09, by nationally syndicated columnist George Will regarding 'the cult of safety', societal litigiousness and the excessive and overreaching legislation that has become the norm in this country. The term 'bubble wrapped children' was quoted. Pretty much common sense commentary but sometimes common sense is not all that common, i.e. CPSIA.
If the CPSIA law is fully implemented, should it not include household dishes, cutlery, the rugs & carpets babies crawl on, the polyurethane finishes on wooden floors, vinyl siding on houses, plastic food storage containers, the synthetic textile upholstery & plastic surfaces in vehicles, furniture, door knobs, hair & toothbrushes, towels, the latex & oil paints on our cupboards, walls, woodwork, door knobs & hardware, et al?
And that would bubble wrap us all. (Unless bubble wrap is banned, too.)
Due to CPSIA - Shop clearance now on all childrens clothing, bibs, scarves, aprons. All natural fibers used - mostly pristine vintage fabrics. Hope they find good homes.
rabbithorns
This is a helpful update. Thanks very much. I wasn't too worried about it myself, because I read the bill and understand legalese. It didn't seem to affect most the small businesses, like the ones you'd see on Etsy, but I am glad to know "they" (the Feds) know that. The list of exclusions and the reference to small American business shows they weren't aware that compliance on the large-scale could be irrationally applied to the little guy/gal. Knowing they understand that's not the target audience is comforting.
evildyn
EXCELLENT source of information an links. REALLY helpful to pass this link on to others as you spread the word. I was in the process of compiling such a list, and am THRILLED to see this one on ETSY. THANK YOU.
I'd like to toss in this wonderful post from an author’s perspective that points our the far grasping absurdity of this law and calls for unity between all that are affected written by Holly Jahangiri.
marionscott77
The supposed "exemption" for resellers is no exemption at all. According to the CPSIA, a reseller MAY NOT distribute non-compliant product (or even GIVE it away!). Sure the reseller is not "required" to have a GCC on file on the 10th. However, they are still liable to PROVE that the goods they sell do not contain lead or be subject to the same penalties as before. How do you prove something? Test it or get a GCC from the manufacturer. This supposed exemption is a load of crap double-speak. It simply puts resellers further into a Catch-22.
iriestar
A new group is forming to protect the rights of ALL types of handmade artisans from this legislation and future legislation.
Please check it out and JOIN! Conversation is good but we all really need to stay tied together in order to make our voices heard on a consistent basis.
http://groups.yahoo.com/group/acta-us/
This is a "We the People" moment. We the people will make this change. We are makers AND consumers. The government should be beholden to US not US to IT.



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