Don’t ignore this…it does affect you! Even those of you who don't make children's items. Testing is HUGELY expensive. Please, before you say what is and isn't true about this act, go read and educate yourself first!
Here are links:
www.nationalbankruptcyday.com
www.fashion-incubator.com
http://www.ipetitions.com/petition/economicimpactsofCPSIA/index.html
http://www.cpsc.gov/cpsia.pdf (New act just passed)
http://www.enotes.com/business-finance-encyclopedia/consumer-product-safety-act (old act from 1972, that the new one is improving)
The first 2 links are more understandable, the 3rd is the petition, and the last 2 are the acts.
Here is a great link about the Requirements of the CPSIA
Of course, write/call our congress people because this could put tons of us out of business forever if they stay on this course. I'm not against anything being safer, but to have 1000's of redundant tests isn't helping anyone, is putting a back log on the testing labs, and is putting money where it doesn't need to be.
If you seel on ETSY: Etsy provides a venue for selling your wares. They do NOT monitor who conforms with what regulations nor can they. There are different regulations for various businesses… food vendors are expected to have a licensed kitchen but Etsy does not police that either.
If you do not comply with whatever regulations are in place for your own field of work, then your shop could be held liable.
By law, any clothing manufacturer is required to attach fiber content tags to their items for sale and many on Etsy do not do this either.
WE are domestic manufacturers. Doesn't matter if we do wholesale or resale or direct or whatever. We are still the manufacturers. WE must be able to provide certification of compliance with lead testing by Feb 10th or pull our products off the market. This certification can ONLY come from a CPSC-certified third-party laboratory. All substrates of your products in all iterations must be tested (and yes, fabric is a substrate).
As for appeals to the CPSC, read the second paragraph of this response letter. It unfortunately states their position very clearly: http://www.cpsc.gov/library/foia/advisory/320.pdf
I just want to call attention to the aspect of the issue raised here: http://www.fashion-incubator.com/archive/cpsia-unit-vs-component-testing/ Folks, this means that you can't assume that because you're using mainstream fabrics from a large, well-known company that you're somehow covered. Amy Butler and Michael Miller will not save you. The legislation says YOU-YES-YOU must also provide documentation on 3rd-party lead testing that YOU'VE had done, on EVERY iteration of your product. And estimates for testing are over $100 PER TEST. And just as in the wooden toy example here: http://www.challengeandfun.typepad.com/, unit testing means a separate test for your twirl skirt AND your twirl dress, long sleeve version AND short sleeve version (for example) because they're different products, even though they're made from the exact same materials.
We're not going Chicken Little on you here, people. This isn't an "other guy" issue. This isn't just wholesalers or importers or big-volume sellers. As written, this applies TO YOU AND ME. Yes, the little guys. The craft-fair sellers. The artisans. If you do not comply with the new regulations, you will be in violation of the law and will be selling illegally. Plus, the law is retroactive to cover goods created before the law takes effect.
Everything you have made, are making, or plan to make MUST BE tested or it CAN NOT be legally sold. We MUST be proactive and let our representatives know that the law as written is dangerous. If not, there will be a lot of a) new felons as of Feb. 10 or b) a lot of bankrupt businesses on that day. Yes, it's likely that you won't get caught. But if you do, the fines (as I understand them) are in the 5-digit range. Can you afford that? Neither can I. The artisan community needs to be VOCAL in calling attention to this issue.
A BIG Thank You to all my Etsians who helped gather this info!



8 comments:
Wow! That is definitely disturbing. You know, I'd never considered liability type issues from my Etsy store. I've only made a couple of sales so I think I'm going to take my store down anyway. Thanks for this information! (and for your kind words on my blog....you are so sweet! *hug*)
By the way, I added your button to both of my blogs. Lindsey designed my review blog, too! Isn't she amazing?
I have read over this law over and over again and it appears to only fall under items that are required specific testing as it is, as well, as under 12 and has to be an item that is played with or intended for kids under 12. I do believe clothing falls under this because its worn on a continuous basis for kids.
First off, i think its bullshit.
Second, lucky for me, my business will be unaffected because i don't fall under the same regulations since my item is not intended for play or wear for kids under 12. Amen.
Does anyone know how this is affecting retailers? I've been trying to find some information in regards to this aspect, but haven't been able to. I own a small baby & children's boutique and am wondering what MY responsibilities are. Am *I* responsible for testing all EXISTING inventory in my shop?! I sell MANY handmade items from etsians and others. If anyone knows, I'd be interested in learning. Thanks!
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/
Anon:
You will be responsible for getting certificates from your manufacturers BUT I do think that it did say if you distribute/sell it then you are responsible--so if someone tells you "yes, it complies" and does not PROVE it to you--then YOU could get fined. And it is something like 100,000 for the fine
Thank you for posting this CPSIA issue.The CPSIA mandates that ANY PRODUCT intended for a child of 12 or younger be tested, not just earth-friendly handmade toys....
Thank you for posting this CPSIA issue.The CPSIA mandates that ANY PRODUCT intended for a child of 12 or younger be tested, not just earth-friendly handmade toys....
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