Yahoo! We have been granted a stay
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.
Thank you Matt from etsy adminAlso Check this out
Congress Must Keep Overreaching Consumer Products Safety Improvement Act From Harming Small Businesses, Families
(I took this directly from his website)
Posted by Senator Jim DeMint 01/30/2009 - 05:06:40 PM
As you may be aware, beginning next month many of America’s small and home businesses will be forced to radically alter their practices and products as prescribed by the burdensome Consumer Products Safety Improvement Act of 2008 (CPSIA). This bill mandates stringent and overreaching federal standards, under the guise of safety requirements that will unfortunately threaten the well-being and further livelihood of thousands of America’s workers and their families. It was my position when the bill was being debated on the Senate floor, as it remains today, that this bill could have -- and should have -- better balanced the need for safety with a common-sense business approach.
In an effort to keep the doors of these small businesses open, and protect the livelihood of many families, I will be introducing legislation early next week that will present much needed reform to the CPSIA. This legislation will:
Delay the regulations six months. There is massive confusion and uncertainty in the small and home business community. The regulations are unclear and compliance will be practically impossible for many manufacturers. Further the comment period on many of the implementing regulations will extend beyond the February 10 deadline. When a clear path of compliance is not available, it is patently unfair to expect industry to be able to meet those compliance requirements. My bill will delay the implementation six months so that all parties can work together to address the needs of our small businesses and the needs of product safety.
Allow small manufacturers to use the testing and certification that their component suppliers have done to certify that the components do not contain an impermissible amount of lead. Lead isn’t going to come out of thin air
. If the lead’s not in the components, it won’t be in the product. This will save small manufacturers from having to subject their products -- many of which are made in small runs -- to duplicative and expensive multi-thousand dollar tests.
Exempt thrift stores, yard sales, consignments shops and other re-sellers from the prohibitions in the act. Goodwill, the Salvation Army and your local flea market were never the source of the product safety concerns encountered last year, and they won’t be in the future. They are good actors trying to provide Americans of modest means with value oriented products. They shouldn’t be subjected to tens of thousands of dollars in potential liability. It these times of economic hardship it’s stores like Goodwill and the Salvation Army that we should be protecting.
Prevent retro-active enforcement of the act. There are millions of dollars of safe products in the warehouses and stores around the country today, that come February 10 will be un-sellable. These products have not threatened the safety of the public in any way, but because they haven’t been subjected to the expensive certification requirements of the act, retailers will not sell them and are often demanding that manufacturers eat their costs. It’s completely illogical that a product that’s safe for sale on February 9 somehow becomes completely unsafe on February 10. My bill will address this by only requiring that products manufactured after the effective date of the regulations have to comply with the requirements of the act. This will prevent thousands of products from being destroyed and the livelihood of thousands of businesses from being threatened.
Provide a Good-Faith Exemption. The act and its associated regulations are extremely complex. Small manufacturers are having difficulty understanding what the act requires of them. While many small businesses are doing their best to comply with the act it's possible someone could accidentally run afoul of the act. If they can show that their error was made in good-faith, my bill will provide them with a one-time exemption from sanction.
Require the CPSC to provide small businesses with a compliance guide. This is an extremely technical regulation that impacts a number of small businesses who don’t have multi-staff compliance departments to decipher the regulations for them. My bill would require the CPSC in consultation with the state and federal Small Business Administrations to develop a compliance guide that addresses the concerns of the small business community.
It is my sincere hope that these reforms will ensure that children’s products remain safe and that our small businesses remain afloat. In this time of economic uncertainty it is inexcusable that we are placing small businesses -- the proven engine of job creation -- in such peril.
Thank you Senator Demint! Big Big Thanks to all my friends in South Carolina who voted for this man! Email me you get a free bow! (IF you have a South Carolina address, of course)What to do now. email/call your reps and senators and ask them to support and vote for this. I will be doing this now!
I have to say this has caused an extreme amount of anxiety for myself and everyone around me (kids, husband) I have not even received a traffic ticket, I obey the law. I have children, and I do everything I can to keep them safe. We were in possession of a book and necklace that had been recalled because of excessive amounts of lead. My little 4 year old was not happy when I threw her necklace away (as if I would get another necklace from CHINA to replace it) I would never sell anything I thought would potentially harm a child. Odd that I would think others would do the same and forsake the bottom line. This law needs to be rewritten. I proudly purchase ribbon manufactured in the USA, from distributors in the USA. I will be watching this as we go forward. Again Please, call your Congressmen and Senators. They should be working for us, and not against.
Now Back to Business!! Hair bows anyone????
I am deeply concerned about this issue, because it clearly affects me and my business. I started www.Allthingsribbon.com with my 14 year old daughter Amanda. We spend a lot of time together sewing, glueing and tying bows, not to mention talking, something I know a lot of moms and daughters do not get to do. She has learned a very marketable skill, not to mention her computer skills are amazing. So here I teach her all about business.....Costs money to make money, honesty, integrity, how to work hard, at least the way I see it. The economy is on every ones mind, so I tell her "we will hang in there, the first year of any business is always the most challenging", Enter in the government...the CPSIA. Now according to HR4040 I will have to have extensive testing on my HAIRBOWS, my hazardous, kill your newborn with toxic levels of lead----HAIRBOWS. I of course will not be able to afford government mandated testing on my lethal hairbows and will of course be forced to shut the doors of the business I created, American ingenuity, the American dream GONE. All because I sell toxic hairbows. So what of course will this teach my daughter...dream big, work hard, and lose your shirt. Not because you overly financed, speculated, cheated or lied. But because you are an American. And the government won't let you forget it. I am sad today. Please, Please email, write, call show up on the doorstep of your Senators and Reps, you know the ones we elect to REPRESENT us. Let them know this has gone too far.
Down below I found an article I hope she does not mind the copy paste job I did, hope not we are both in the same sinking boat.
The Sky is Falling - CPSIA Issue
December 17th, 2008
Article by: Heather Flottman
The sky is falling! Yes, I feel a like an overly dramatic Chicken Little. And I wish it were true considering recent congressional legislation is about to crush the life out of the handmade clothing and toy industry. I’m talking about H.R. 4040, the Consumer Protection Safety Improvement Act (CPSIA) signed into law August 14, 2008, and the ramifications it will have when it goes into effect February 10, 2009 (now being popularly referred to as National Bankruptcy Day).
Make no mistake. CPSIA was necessary in principle and has noble intentions, keeping our children safe and holding companies accountable for importing toxic toys. We all demand safety for our children and this is the intent of CPSIA; specifically to ensure safe levels of lead and phthalates in all products manufactured for children under the age of 12. Unfortunately this legislation lacks common sense, is ambiguous and fails to take into account the handmade industry.
What you see is not what you get with CPSIA. There is no distinction between big, small, or even micro one-person businesses. Whether it’s a large-scale manufacturer importing apparel to be sold in big box stores, or a work-at-home mom (WAHM) selling customs on ebay, the legislation applies the same to all.
Unit testing will be required on finished products, regardless if the components are natural materials or if you have documentation from a vendor stating that buttons, for example, are certified lead-free. As it stands, H.R. 4040 fails to recognize that textile products are inherently lead-free. Why then is an organic cotton shirt being tested for lead exactly?
Unit testing is extremely cost prohibitive to small business, but worse, it is unnecessary. In fact, it is completely redundant if the components that comprise the whole have already been tested and due diligence can prove they meet the guidelines.
To put a real dollar amount to testing one of my products, I solicited a lab quote. I was told it was $75 to test for lead per garment component and each substrate. Coated or painted items such as buttons are $100. So my Little Red Riding Hood Shirt, a 100% cotton knit shirt with an appliqué made from 7 cotton fabrics and 2 buttons eyes would cost $625 to test for lead. Flammability testing is also required and is either $50 for a certificate per component stating it meets weight code or $100 for actual testing. So add another $400-$800 for a grand total of $1,025-$1425. in testing costs for a shirt that retails for $40. If the shirt is offered in another colorway, the same testing is required despite the fact that the same fabrics are used throughout.
Small manufacturers have no way of absorbing the price of such redundancy. And all manufacturers will be required to test a finished component/item from each batch. Easy to do in mass production—simply pull one sample from a lot of thousands. But how does one comply when your “batches” are made-to-order batches of one? SKUs will also be required for each product with a permanent label on the item itself.
CPSIA will be retroactive and takes a guilty-until-proven-innocent approach with extremely hefty fines for violators. As written, any product used by children 12 and under (such as toys, footwear, carpets, clothing, bedding, luggage, lamps, toys, books, magazines, baseball cards, consumer electronics, school supplies, office supplies, jewelry, housewares, sports equipment and so on) without the newly required certification would be deemed hazardous, whether the item poses an actual threat or not. So on February 10, 2009, any unsold merchandise (in big box stores, the corner boutique, your fabric stash, Good Will donations, etc.) will be deemed “hazardous goods” and illegal to sell unless 3rd party testing proves otherwise. By the way, there are only 14 said labs currently in the United States.
Think you won’t be affected? I hope not, but the sad truth is that hundreds of thousands (if not millions) will be. Do you make children’s clothing, toys, jewelry, hair bows, accessories, furniture, artwork or anything else “intended for use by children age 12 and under”? Are you a retailer of children’s goods? Do you resell used children’s clothing or toys on ebay? Do you participate or shop at craft fairs? Do you donate used children’s items to needy organizations? Do you belong to a church that has rummage sales as a fundraiser? Does your child play sports and get their uniforms from a local screen print shop? Are you a consumer shopping for alternatives to mass-produced toys? If so, this law takes away that freedom.
Surely this legislation can be amended by incorporating some common sense and still make it possible to ensure our children’s safety without further hurting the US economy. According to the 2002 Economic Census (the last survey of its type), small U.S. clothing manufacturers (with fewer than 20 employees) contribute over $900 million dollars [consider: nearly $1 billion dollars] annually to the economy and comprise 68% of total apparel manufacturing in the U.S. This is clearly a vital and contributing asset to our economy. Multiply this fallout exponentially when you take into account the myriad other manufacturers, retailers and businesses that will be hurt or ultimately driven out of business.So, why should you support amending this legislation?
Because the CPSIA isn’t fair and will not function as written. It inadvertently punishes American industries unrelated to toys and will ultimately result in fewer alternatives to mass produced merchandise made in China. The concept that small producers should be subject to the same rigorous standards but with lesser regulation (and common sense) has already been fought for and sustained in the food industry, which is why your local farmers market still exists. Now this same idea needs to be applied to children’s products.
What can you do?
1) Email or call the CPSIA - the office of the CPSC ombudsman 888-531-9070.http://www.cpsc.gov/cgibin/newleg.aspx
Comments on Component Parts Testing accepted through January 30, 2009.
2) Email or snail mail your representatives.http://capwiz.com/americanapparel/issues/alert/?alertid=12274476
3) Call your representatives. For their contact information just enter your zip code.http://capwiz.com/americanapparel/dbq/officials/
4) Make your voice heard by voting on this issue. The top 3 in each category will be presented to President-elect Obama.http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia
5) Sign the petition.http://www.ipetitions.com/petition/economicimpactsofCPSIA/index.html
6) Spread the word! Write about this on your blog. Tell others about this issue and encourage them to do the same.
7) Join others in fighting this cause.
Join the etsy community in the virtual chat with CPSIA Small Business Ombudsmen or send a handmade children’s item that will become “hazardous goods” as of 2/9/09 to Bobby Rush, founder of H.R. 4040.http://www.etsy.com/storque/craftivism/handmade-childrens-items-unintended-consequences-consumer-pr-3056/
Labels: Black market bows, Depths of despair