Wednesday, December 3, 2008

Bad laws for small handmade businesses

I posted this originally at ETSY NJ & plan on posting it everywhere I can.
The CPSC & CPSIA new law guidelines effect most of us - sign or start a PETITION NOW.
So all of us should support each other and stand united to get exclusions or amendments or extensions for compliance referencing USA handmade products and small batch items to this new law by writing to our public officials. Even if none of your items are made directly for children ... Can you imagine an ETSY, FireArt, 1000 Markets, a local craft show or eBay without any children's items in it?

This is effectively THE WORLD'S LARGEST CHILDREN'S PRODUCT RECALL ever imagined. But without the option of returning the items for refund or replacement.

THIS NEW CPSIA WILL EFFECT ALL OF US that sell ANY products that can be consider for children. Not just toys and jewelry, but CLOTHING, ROOM DECOR, SCHOOL SUPPLIES, EDUCATIONAL AIDS, ART WORK, ART SUPPLIES, PILLOWS, HAIR BOWS so on & etc. if it is made for someone 12 & under to use it will be subject to the certified testing. Even HAND-ME-DOWNS as resales or vintage items will be subject to the testing. To read the whole "brief", 67 pages long, requires some basic law education but you can get the gist of it in the CPSIA's FAQ section http://www.cpsc.gov/about/cpsia/faq/faq.html#educational

This new law is blindsiding us by giving very little notice to comply to it, if we're even able to provide the proofs the the CPSC wants. It's been so under the radar the ETSY doesn't have a STORQUE article on it yet. Niether has eBay or most of the other online seller's outlets even mention the new law. I think there waiting for after the holidays to tells us that lots of the items we bought are now effectively illegal and that we should of never given them to our children in the first place. There should be some type of grandfathering clause included that parents shouldn't have to shell out more good money if they feel their child is in danger just because the government said the product is not longer safe.
This will put quite a few of us out of business. Even larger companies are having problems complying with the deadline or the batch material testing requirements. Here a set of excerpts from a recent CPSIA hearing http://www.youtube.com/watch?v=bUlY6zOMPqQ, http://www.youtube.com/watch?v=AlMh7MJiodY&feature=related, & http://www.youtube.com/watch?v=Bk0Vr0yDrXc&feature=related.

Don't just believe that the legislation will change on it's own, do something to let your voice be heard. Write a congressperson, tell ETSY what you feel about this law, blog about it, just get your voice heard by CPSIA that the law is impractical and bias towards small & cottage industries. People for a Greener Earth should also take up this issue since it will put an end to reusing durable children's products outside of the immediate hand me down process, sending tons of good resalable items to landfills.

Many items that were legal this holiday season will be banned come Feb. 10, 2009 regardless of if the child's product was a handheld video game by a super multinational corporation, a made in the USA pair of jeans from a local mom & pop retailer, or one of the fantastic wooden toys available at ETSY shops. This means it would even be illegal and punishable by fines and jail time to resell or reuse, outside your own home, those items in anything that that would be for a child. So no one, even a consumer looking to green up the Earth a little, could list a child's items as vintage piece at ETSY or a sell it as used on eBay or at a garage sale without it having the the testing done.

Generals threads for any one :
http://www.etsy.com/forums_thread.php?thread_id=5938698
http://www.ipetitions.com/
http://forums.ebay.com/db1/thread.jspa?messageID=511163411&forumID=124&x#511163411

for toy makers :
http://www.handmadetoyalliance.org/
http://grecowoodcrafting.wordpress.com/

for children's clothing, doll clothes, hair bows, and accessory makers :
http://www.etsy.com/forums_thread.php?thread_id=5935443
http://www.ipetitions.com/petition/economicimpactsofCPSIA/

If you know of any more threads and sites that address the issue PLEASE post them here. To be informed is to be forewarned. Especially if this means you will have to close shop and retool your business towards something that doesn't deal with any children's products.