Remember the outcry last holiday season over lead in imported toys? In order to combat such safety issues, the Consumer Product Safety Commission has passed legislation called the Consumer Product Safety Improvement Act (CPSIA). The law sets stringent guidelines for children’s products containing lead and phthalates (a chemical used in some vinyl products).
It is supposed to go into effect February 10th, 2009, and after that date any product intended for children ages 12 and under must meet these guidelines, and have a certificate of compliance from a CPSC-accredited laboratory. This includes not just toys, but clothing, jewelry, blankets, sheets, books, bibs, strollers, carriers, and anything else that a child under 12 might come in contact with. Sounds great, right?
In theory, maybe. But in actuality the law is so far reaching that it may succeed in turning the economy upside down. For starters, the CPSIA requires end unit testing on every product intended for use by children under 12. It is the responsibility of the manufacturer to do this testing, regardless of how small the business. That means that manufacturers (like myself ) will have to pay to get every different product they offer tested. These tests have to be done at a CSPC accredited lab, and cost tens of thousands of dollars. For example if you offer 3 different types of dresses. Each dress contains 2 different fabrics, as well as buttons, and thread, so that's potentially $600 to test one dress. But if you have 3 or more styles, that's $1800. And when you get a new bolt of fabric, you need to start all over again.
At present, there are no exemptions for small businesses and "micro" manufacturers and most handcraft artisans. There is no exception for quantities made, where the garments/products are made or anything else. Nor is there an exception for unadorned fabric components, unfinished wood components, materials which, by their nature, are free of lead and phthalates.
Also, the Act takes a "guilty until proven innocent" approach, which would treat a handmade, unfinished wooden toy that doesn't meet the certification deadline of 2/10/09 as a "banned hazardous substance" which would be illegal to distribute in this country. Each infraction carries a $100,000 felony charge. This legislation is also retroactive for any pre-existing inventory as of February 10th, 2009. This means that everything on the shelves in those big (or small) stores will also be "banned, hazardous substances" - contraband.
Larger corporations that can afford testing will incur thousands, maybe millions of dollars in fees, and this expense will be handed down to the consumer, probably making the prices for children's products go through the roof.
This also means that after that date, even selling your kids old things on eBay or Craigslist will be illegal. Charities will not be able to accept donations without a certificate of compliance either. February 10, 2009 is being dubbed “National Bankruptcy Day” by many people in the apparel and toy industry. If this legislation is not amended, it will affect everyone from port workers to parents looking for legal products. Billions of dollars worth of children's products will have to be destroyed because they can’t be legally sold, and this will cause major environmental problems.
While I am all for higher safety standards and keeping our kids safe, this law is so overreaching as to put thousands on manufacturers of children's products out of business -hurting our economy and causing even more loan defaults. Though this legislation was well-intentioned, it cannot be allowed to stand as is.
Please help us defend the American dream and our entrepreneurial spirit! This law affects every stay at home mom trying to help put food on the table and every grandmother knitting blankets for the local craft fair. It makes the thousands of us who have found a niche in the burgeoning children's market have to make a tough decision - continue to produce items illegally and possible incur a $100,000 fine, pay the enormous fees and raise costs of goods sold, or close up shop!
Please help us!
Contact your Congressperson using this link: http://capwiz.com/americanapparel/issues/alert/?alertid=12274476
It only takes 30 seconds!
If you have an extra minute send a hard copy of the letter as well!
To sign the online petition: http://www.ipetitions.com/petition/economicimpactsofCPSIA/index.html
Read more about it here: http://nationalbankruptcyday.com/
Please copy and paste this on your blogs, we need all the help we can get!
8 comments:
Oh my goodness. How scary for you. I will go do that right now. And just curious, why the need to even make this law for childrens clothing? Have they even had a problem?
Nope...not a single problem. The lawmakers who did this have no clue what they are doing. Fabric has no lead in it at all. The problem is when there is lead in the factories. They just made a quick decision, and unfortunately it is a bad one.
Terrible! You hit it on the head stating that they made a quick decision. From working in Risk Management for 5 yrs. at Levi's and managing their fabric analysis program - I understand 'fabric issues' and all that goes into testing etc... but on this one with lead they TOTALLY jumped the gun making this crazy law. I will definitely sign the petition.
So I had no idea about this until I read your blog. It's crazy how things can have such a domino affect. I copied it to my blog and already had Derek's aunt sign a petition too. She owns her own company as well. Hopefully things will get changed and your company, along with many others, will be okay!
By the way, you write very well and are very persuasive. You should be a lawyer! :)
I agree, you should have been a lawyer! lol!
Unbelievable!!! I don't know what these lawmakers think they are doing....no I do know they don't think!!
I may know a firm that would be very interested in this. I doubt they could do anything before Feb. 10, but I used to clerk for them and this is EXACTLY the kind of issue they usually take up.
ij.org
Adam
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