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The past few years have seen a huge surge in handmade crafts and toys, especially here in Columbus. The rise in people crafting has lead to the birth of shows like Tiny Canary and Craftin’ Outlaws. Tiny Canary was created to support the spirit of the handmade community and to give consumers a chance to purchase a locally made and safe toy instead of mass-marketed toys which have been facing frequent recalls.
All of the recent recalls on toys brought strong action from Congress. On August 14, 2008, President Bush signed into law the Consumer Products Safety Improvement Act. This toy safety act was put into place to protect our children younger than twelve against lead and phthalates in toys. It also put into effect things such as: mandating third-party lead testing and certification for all toys and requiring toy makers to permanently label each toy with a date and batch number. The law is written so broadly that it also includes the people crafting handmade toys who were originally providing safe alternatives to unsafe toys.
Local artisans Amy Turn Sharp and husband Joseph began making handmade wood toys in the winter of 2007. Their desire to make safe toys led them to start their business Little Alouette. The past holiday season was very successful for them and their sales have been rising steadily. But the problems with unsafe toys will cause them problems as well if the legislation isn’t amended. ”We were sick of unsafe toys,” says Turn Sharp. “And here we are, and we’re going to go out of business because of unsafe toys.”
Under the new legislation, every unique toy would need to be tested for lead by an accredited third-party tester, and that testing is very expensive. Does it make sense for a company who manufactures their toys from Ohio maple and other wood and finishes them with organic seed oil to test for lead? “It will put us out of business as we cannot afford to test our entire line,” says Turn Sharp. Companies found in violation of the law can face fines from $5,000 to $100,000 per individual violation, and from $1.85 million to $15 million for aggregate violations.
The Handmade Toy Alliance has developed a petition that “calls for rational exclusions from lead testing of materials including wood, paper, cotton, and other materials known by science to not contain lead.” It also seeks to put the burden of testing on the manufacturers of supplies instead of finished products, “which would allow [their] members to rely on certifications from their materials suppliers instead of repeating tests multiple times for each product made from those materials.” They’d also like the law to differentiate the concept of batch labeling between large companies and small businesses.
This law takes effect on February 10, 2009.
How can you help? We need to write to our legislators to address these implementation problems with the CPSIA. Not sure what to write? Please view this page for ideas and also this page to find letters you can endorse and modify.
All Ohio Senators and Representatives voted yea on the bill, except for Dennis Kucinich and Stephanie Jones who did not vote on it.
Use this form to contact your Representative.
Use this website to get your Senator’s contact information.
Send an email directly to the CPSC (Consumer Product Safety Commission) or contact chairperson Nancy Nord at 301-504-7923
Sign this petition to Save Small Businesses from the CPSIA.
Show support on facebook by joining the group to save handmade toys.
I’m sure we can all agree that toy safety should be a very high priority, but the way this legislation was written has the potential to put many people out of work and could not be at a worse time. Please help save handmade crafters with your support to have the legislation amended!
As written, the law also includes children’s books (which are, of course, very dangerous to children):
http://www.publishersweekly.com/index.asp?layout=talkBackCommentsFull&articleid=CA6629950&talk_back_header_id=6580119
What a pain in the ass. I just started making toys. Goddamn gubment! What about people who are making designer toys? Those aren’t meant for kids! Is there some sort of exemption or gray area for toys that are meant to be art and not played with?
Jesus. Could this law have been written more poorly?
How do they define what a “toy” is? Just wondering if Nikos & others could sell “collectable sculptures” instead.
I’m reading the actual Act now, and I don’t think this is an accurate interpretation. I’ll read it in more detail in a bit, but here’s a link if you like:
http://www.cpsc.gov/cpsia.Pdf
I don’t know how you define anything as anything anymore, after being introduced to the slippery world of semiotics by Clinton’s questioning of what the definition of “is” is.
I always thought that “toys” were for kids, but apparently a lot of adults use “toys” as well! Is there a crafting community for those too?
I think the SEC. 102. (MANDATORY THIRD PARTY TESTING FOR CERTAIN CHILDREN’S PRODUCTS) is what’s got most people upset.
I’ve not read all the way through it myself, but it sounds like the additional testing requirements are going to add overhead to small crafters that won’t be able to afford the costs for testing.
Hopefully I’m wrong though.
PS- I just tried to read the law but my eyes started to bleed a little so I stopped.
I think you’re partially right, but I also think that it means submitting ONE toy of similar components to the rest, not each individual item. I’ll dig into it later, plus tell gram to make some use of himself and try and give lawyers a more positive light by reviewing it.
More:
http://wjz.com/consumer/toy.makers.costs.2.894585.html
http://www.mgwashington.com/index.php/news/article/mom-and-pop-toymakers-fear-new-testing-regulations/2274/
http://consumerist.com/5117450/new-toy-safety-rule-has-collateral-damage-handmade-toy-manufacturers
I think this is also part of the problem:
101(b) EXCLUSION OF CERTAIN MATERIALS OR PRODUCTS AND
INACCESSIBLE COMPONENT PARTS.—
(1) CERTAIN PRODUCTS OR MATERIALS.—The Commission
may, by regulation, exclude a specific product or material from
the prohibition in subsection (a) if the Commission, after notice
and a hearing, determines on the basis of the best-available,
objective, peer-reviewed, scientific evidence that lead in such
product or material will neither—
(A) result in the absorption of any lead into the human
body, taking into account normal and reasonably foreseeable
use and abuse of such product by a child, including
swallowing, mouthing, breaking, or other children’s activities,
and the aging of the product; nor
(B) have any other adverse impact on public health
or safety.
———————————————————————–
The Commission has not released any such list of specific products or materials that will be excluded, so for now, everyone has to assume this law is going to effect them.
I also read that each component of your product has to be tested, so that if you make a toy with fabric, cotton, buttons, you have to test each one of those.
Personally, I think if the government is not going to put reasonable exclusions on this law, I think they should substantially lower the cost of the lead testing. Or perhaps if your business is small enough, you pay next to nothing for the testing.
I heard a little about this last week. A woman who works at the tutoring center crochets afghans for charity, and the organization she works with is being forced to put a hold on the distribution of all donated items. These people are not selling anything…they are donating to the poor and needy, yet they can’t distribute because of this law.
The Consumer Product Make My Life Hell Act is a complete pain in the ass. My company is already forcing our suppliers to adhere to these standards. I had to get some plastic deposit bags that I’ve ordered for years tested recently. Bags! For a bank!! If they hire someone that doesn’t know to NOT eat or put a plastic bag over their head then they’ve got bigger issues than what I’m testing for.
This follows the same ridiculous logic of the church lady getting in trouble for giving cakes to friends or whatever that story was. It’s just sad that we’ve legislated ourselves to this point :(
blammo wrote: How do they define what a “toy†is? Just wondering if Nikos & others could sell “collectable sculptures†instead.
USCA 15 Section 2052(a)(2) Children’s product
The term “children’s product” means a consumer product designed or intended for children 12 years of age or younger. In determining whether a consumer product intended for a child 12 years of age or younger, the following factors shall govern
(A) A statement by a manufacturer about the intended use of such product and a label on such product if such statement is reasonable.
(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.
(C)Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
(D) The Age Determination Guildelines issued by the Commission staff in September 2002, and any successor to such guidelines.
NBC 4 did a story last week after I saw the story floating around on Facebook and wanted to see what was truth and what was fiction. To my horror, most everything was true. Imagine getting put in handcuffs or fined b/c you were selling baby merchandise at a yard sale that wasn’t lead tested. The day after we did the story we received a clarification from the Consumer Product Safety Commission. This clarification came after a Central Ohioan, Ann Bush-Cassady, launched an effort to let the CPSC know how this would affect people. I thought it was cool that Ann used Facebook to gather support and the CPSC listened to what she had to say and then clarified their rules. With that said, it’s still a very poorly written law that could put the “little guy” at risk for legal trouble.
“I had to get some plastic deposit bags that I’ve ordered for years tested recently. Bags! For a bank!! If they hire someone that doesn’t know to NOT eat or put a plastic bag over their head then they’ve got bigger issues than what I’m testing for.”
i work for said bank and we had a guy that came to work with his shoes on the wrong feet. not once, but twice. so yeah, you do need to get that tested.
This commission voted for a stay regarding some areas of this law for a year.
CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products
Washington, D.C. – The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards or bans.
Significant to makers of children’s products, the vote by the Commission provides limited relief from the testing and certification requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm), phthalates limits for certain products (1000 ppm), and mandatory toy standards, among other things. Manufacturers and importers – large and small – of children’s products will not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements.
The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.
The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.
The stay does not apply to:
Four requirements for third-party testing and certification of certain children’s products subject to:
The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;
The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;
The ban on small parts effective for products made after February 15, 2009; and
The limits on lead content of metal components of children’s jewelry effective for products made after March 23, 2009.
Certification requirements applicable to ATV’s manufactured after April 13, 2009.
Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides; and
Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.
The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.
Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.
The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are not required to test and certify products under the CPSIA. The products they sell, including those in inventory on February 10, 2009, must not contain more than 600 ppm lead in any accessible part. The Commission is aware that it is difficult to know whether a product meets the lead standard without testing and has issued guidance for these companies that can be found on our Web site.
The Commission trusts that State Attorneys General will respect the Commission’s judgment that it is necessary to stay certain testing and certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.
Please visit the CPSC Web site at http://www.cpsc.gov/about/cpsia/cpsia.html for more information on all of the efforts being made to successfully implement the CPSIA.
Another update on this:
CPSC Launches Registry for Small Batch Children’s Product Manufacturers
WASHINGTON, D.C. – Today, CPSC is launching an easy-to-use registry for small batch manufacturers, which can be found at http://www.SaferProducts.gov. Congress directed CPSC to establish this registry for small batch manufacturers in Public Law 112-28, which was signed into law by President Obama on August 12, 2011.
Small batch manufacturers, defined as those who earned $1 million or less in total gross revenues from sales of consumer products in 2011, and who produced in total no more than 7,500 units of at least one consumer product in 2011 can register for calendar year 2012 at http://www.SaferProducts.gov. Qualifying small batch manufacturers are not required to third party test for compliance with certain children’s product safety rules during 2012 for products which they produced no more than 7,500 units of in the previous calendar year.
This new registry does not exempt small batch manufacturers from ensuring that their products comply with these mandatory standards. Small batch manufacturers must still provide a certificate of conformity, in which the manufacturers certify in writing that their products comply with the applicable regulations. However, except where required by law, the certificate does not have to be based on third party testing.
Effective December 31, 2011, the stays of enforcement on third-party testing and certification for limits on total lead content for children’s products, the ban on certain phthalates for children’s toys and child care articles, and the mandatory toy standard (ASTM F963) will end. CPSC launched an education and outreach effort to ensure widespread awareness of the new federal requirements and has also provided assistance and guidance to small batch manufacturers to help them understand these new requirements.
For additional information on the Small Batch Manufacturers Registry and small batch guidance materials, please see http://www.cpsc.gov/smallbatch. You may also contact our small business ombudsman Neal Cohen at ncohen@cpsc.gov or through http://www.cpsc.gov/sbo