What are you going to do about the new safety regs??? Options

[lillipopsdesigns]

I am so pissed off. I don't even know where to start. I am keeping tabs on Etsy and other online marketplaces/venues for their reactions to the CPSC regs that go into effect Feb.10. What in the heck are we supposed to do? The new regulations are absolutely impossible for a small business (handmade or not) to comply with. Every single item I make is OOAK, made of recycled garment fabric. It costs 4K to test each item for lead content. Nice, huh? What are you all doing, especially those of you who make products for children? What on earth can we do? Just give up and close up shop?

I am so frustrated. My business is new, but I am getting some amazing feedback and I have a feeling that I am on a path to a really successful endeavor. I just can't believe that it might not happen.

Any thoughts? Ideas? Ways to circumvent the testing regs?

[Marketa New York]

Jayme,
Have you tried contacting Etsy?

Though, I am still to hear back from them regarding my initial email to inform them of the new regulations...

[lillipopsdesigns]

They are very aware. Basically they are standing behind their original Terms of Use. Here's a link to a thread that's been at least mildly helpful:

http://www.etsy.com/forums_thread.php?thread_id=5935591

[lillipopsdesigns]

I just found the FAQ's memo put out by the CPSC regarding the new regulations. Here's the link:

http://www.cpsc.gov/about/cpsia/faq/faq.pdf

Basically, it clarifies Congress' definition of what is a durable good. The good news for some of us, is that is appears that clothing & most textiles are going to be exempt since they are not considered durable goods. Great news for children's wear, baby slings, bedding, etc! The bad news is that is WILL affect artists and manufacturers making any kind of furniture(not just for kids), most toys, jewelry marketed to the 12 and under set... basically everything else.

[lillipopsdesigns]

I am really surprised at the general lackadaisical attitude of small business owners who feel that if they don't react to this legislation, it won't impact them. It is very scary (and real) that in this economic climate, most of us would be forced to abandon our businesses. I encourage each of you, whether or not you believe you will be impacted, to write to your local government officials. Senators, congresspeople, governors... heck. I even sent this email off to Barack Obama. We have to be heard. Anyway, this is what I sent this afternoon:

Dear Mr. ,

I am writing to you to express my deep concern for the impending enforcement of the new Consumer Product Safety Commission Improvement Act. While I realize that product safety, especially for children, is of utmost importance, this particular legislation is reactionary and holds potentially devastasting economic ramifications.

I personally operate a very small business designing and producing one-of-a-kind children's garments made from recycled fabrics. Under these new regulations, I would be required to submit each piece that I create to prohibitively expensive government approved third party testing. From what I understand, each test would cost me anywhere from $100-400, for each COMPONENT of the garment. Thats a test for thread, buttons and each fabric. Considering the fact that each piece is made from completely different fabrics, it would effectively eliminate my ability to do business legally in the US.

I have read the CPSIA in its entirety and there is no exception for quantities made, where the garments/products are made or anything else. To me, this means that grandma selling handmade baby blankets at the church bazaar is selling contraband if she is unable to produce the required safety certificate. It means that for artisans and small business in America one thing... unless you are a multi-million dollar company, you have no right doing business in the US. So much for the American dream.

February 10, 2009 is being dubbed "National Bankruptcy Day" by many experts in the apparel and toy industry. I expect that if this legislation is allowed to be enacted, it will affect everyone from port workers to parents looking for legal products. Millions of pieces of merchandise will be destroyed because it can't be legally sold, causing not only environmental problems, but impacting charities that can't accept donations without a safety certificate.

As you can see, this legislation is dangerous. I imagine that it was originally written with good intention. However, I can only hope that you will take action in defense of hard working American business owners and help us continue our ethical practices of making safe products. Please help to defend entreprenurial America!

Sincerely,

Jayme Lillie
Lillipops Designs

[Tania]

what if the jewelry is sterling or 18k gold? does it only apply to costume jewelry or fine jewelry as well? ugh!!!

[kellymeekerdesig...]

what if the jewelry is sterling or 18k gold? does it only apply to costume jewelry or fine jewelry as well? ugh!!!

I'm trying to figure that out, too and it is really pissing me off. It's really not clear enough about jewelry AT ALL.

[Tania]

you can go here - on the left in green is a place to click for questions: http://www.cpsc.gov/about/cpsia/cpsia.html

i asked. if i hear back i will post (IMG:style_emoticons/default/rolleyes.gif)

[mohop]

Kathleen has kindly opened the forums regarding the CPSIA at Fashion Incubator: http://www.fashion-incubator.com/archive/f...is-open-to-all/

[Kitty]

Kathleen has kindly opened the forums regarding the CPSIA at Fashion Incubator: http://www.fashion-incubator.com/archive/f...is-open-to-all/

That's actually a really nice idea! We all need all the help and discussion we can get on this subject!

[BumbleV]

I read through some of the posts yesterday and it's a wealth of information! Thanks for letting us know and thanks Kathleen!

[lillipopsdesigns]

Good news! Etsy administration has finally responded to the general outcry from its sellers. They currently have a very informational article in the Storque and have an open invitation for the CPSC Ombudsman to join them for a chat. I doubt that will happen, but I am thrilled that Etsy is taking an active stance. Here's the link to the forum thread:

http://www.etsy.com/forums_thread.php?thread_id=5950540

And the Storque article:

http://www.etsy.com/storque/craftivism/han...nsumer-pr-3056/

[Kathleen F.]

Thanks for letting us know and thanks Kathleen!

My pleasure. Again, the War Room for up to the minute updates and focused activism is here.

[Little Acorn]

There is also post about it here: http://blog.craftzine.com/archive/2008/12/...s_could_dr.html

[Tania]

I'm sending an email to Oprah and I think I might do it everyday. I think the more of us that do it especially on the same topic, the better! Here is the direct link to send a letter to the Oprah Show Producers. Only 2000 characters are allowed, so the letter(s) need to be short and sweet.:
https://www.oprah.com/ord/plugform.jsp?plugId=216

[prix-prix]

I can't figure out if these regulations apply to makers of handbags + jewelry for adults. I do understand that the regulations affect more than just childrens' product manufacturers- those who make items that are subject to any CPSC regulations (fabric flammability, federal hazardous substances act) have to provide General Conformity Certificates and have a 'reasonable testing program'. But when I read the acts, it said that you don't need to provide a GCC if your products are exempt from those regulations. The flammability acts apply to clothing/apparel textiles, and even hats/gloves/footwear are specifically exempted, so I assume that bags are even more exempt.

Am I in the clear on this then?

If so, I'll still be writing to congresspeople, etc, but I can't figure out if I need to rethink my entire recycled sewn products company, or if I'm all good under the new laws...

[CraftyChefGraphi...]

I make bags, too; not worried, though. If someone official wants to come along and tell me different some day - well fine, but until then I'll just keep doing what I'm doing.

This whole business of the govt telling me what I can and can't do in my own home has simply got to stop. I make things from legal products. If they want to make the fabric store a criminal, well be my guest but stop harrassing me.

[MairzeyDotes]

This is all so confusing. As for "durable goods" I would be exempt...however....I would still be classified as a "child care item" bc I sell blankets. Now, those can't have pthalates in them.

WTH is a pthalate anyway?

(IMG:style_emoticons/default/angry.gif)

Congress has no idea what they are doing. Everyone I have contacted has said it won't affect me. My representative said this was to keep lead, etc out of the imported things. SO WHY THE HELL DON'T THEY DIRECT THIS TWDS IMPORTS???

[Lucky Ducky]

This is driving me crazy. All of my plans for the new year are basically put on hold. My current plan is to just put my baby and kids items on hold after Feb. 10th. I'm sure on my own site it wouldn't be a big deal, but my Amazon listings I would have to take down.

It cracks me up when the congressmen say it doesn't affect us. Don't they read their own laws?

[LolaBEE]

this is making me crazy too...i make plushies.

here is a good resource for up to date info--
http://groups.google.com/group/handmade-toys?hl=en

also there are links to petitions, resources and to see what others are doing to help the cause.

val (IMG:style_emoticons/default/angry.gif)