CPSIA Overview

The CPSIA (Consumer Produce Safety Improvement Act) was passed in August 2008 and goes into effect on February 10, 2009.  It was passed in response to recent lead paint scares involving imported toys.  While all good parents wants safe toys and other products for their children, the unfortunate truth is that this law was written FAR too broadly.  

Because this over-reaching law mandates expensive ($400 - $4,000 per test) testing on every part of every batch of everything made for children 12 and under, the ramifications are terrible.  Mid-size and small companies of all sorts will go out of business as they cannot afford the testing.  If a company makes clothing, for example, they would have to test every batch of every color and style of fabric, every batch of buttons, snaps, zippers, thread, elastic, etc.  Even if they used the same bolt of fabric to make several different products, simply testing that one bolt would not appease the Consumer Product Safety Commission.  Instead, every size of every style of finished product would have to have every component tested individually!  This scenario applies to every product made for use by children - clothing, books, DVD's, craft products, toys, sporting goods, furniture, bedding, educational products, and so forth - even if the items are made from completely natural components.

Here are just a few results of this law:

1.  The children's resale market will be seriously impacted. While new updates to the CPSIA state that resale shops can continue to sell used children's items without testing them, the updates also state that no one can sell used children's items that violate the new testing standard.  Selling these "banned hazardous materials" is a felony offense with a $100,000 fine and jail time - and without performing the testing, resale shops and other resellers have no way of knowing if their items are in compliance.  Many used children's items venues just aren't willing to take that kind of risk and are closing their doors in spite of the updates to the CPSIA.

2.  The used children's book market will cease to exist.  

3.  All small and cottage industries related to children's products will have to close their doors.  This includes natural, organic, and/or handmade products.

4. Many mid-size companies are closing because of the enormous financial burden of the testing and the paperwork nightmare created by the necessary labeling, tracking, and certification of their products.

5.  Many homeschool authors and publishers will be going out of business.

6.  The economy will be impacted on several levels: economically challenged families who rely on the children's resale market will suffer, families who lose their businesses will suffer, and families with members who lose their jobs due to businesses closing will suffer.  Many related industries (those who produce support products like packaging, equipment, etc.) will suffer from the loss of companies who once bought their products. The companies who can afford the testing will surely pass their costs to all of us.

7. The environmental impact will be staggering as resale shops and other business are forced to dispose of their inventory, and as families who would have donated or sold their children's used items will be forced to discard them.

8. Our freedom to choose the products that we feel are best for our children will be severely hampered.  We, for example, place a high value on children's toys made from natural materials like wood or wool, or items that are handmade.  We will no longer be able to purchase these items for our children.

9.  At this point, libraries will have to ban children 12 and under OR remove all children's books.  I have no idea what the impact will be on schools!

Here are some excellent links for further information or study:

http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML (actual CPSC site)

http://www.wo.ala.org/districtdispatch/?p=1322  (from ALA stating impact on libraries)

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=85542

http://grecowoodcrafting.wordpress.com/2008/12/05/national-bankruptcy-day/

http://www.fashion-incubator.com/archive/national-bankruptcy-day/

http://healthychild.org/blog/comments/toxic_toy_bill_turns_into_a_toxic_mess/

http://thedomesticdiva.wordpress.com/2008/12/21/cpsia-what-childrens-clothing-designers-and-manufacturers-need-to-know/

http://bookroomblog.com/

http://nationalbankruptcyday.com/

http://fuzzybritchesbaby.wordpress.com/2008/12/13/thoughts-and-concerns-regarding-the-cpsia-going-into-effect-2-10-09/?referer=sphere_related_content/

http://online.wsj.com/article/SB122696993087535701.html

http://www.washingtonpost.com/wp-dyn/content/article/2008/12/20/AR2008122001878.html?wprss=rss_nation&referer=sphere_related_content

CPSIA Action Plan

The National Association of Manufacturers (NAM) has outlined a proposal calling for sensible modifications to the CPSIA, including exclusions for items that, by their nature, won't contain lead, phthalates, etc.  This would include natural items like wood, cotton, wool, stone, etc.  Read about it here: http://www.fashion-incubator.com/archive/cpsia-i-endorse-the-nam-plan/

While this proposal is excellent, the Consumer Product Safety Commission also needs to consider reducing the incredible tracking, labeling, and book keeping nightmare required for compliance.  While it may be necessary for huge companies (especially those whose products are made overseas) to keep detailed records, smaller companies should have a less burdensome alternative available.  The CPSC also needs to consider issues like the children's resale market, the book and publishing industry, etc.

Here are some ways to let your voice be heard on this issue:

1.  Tell everyone you know.  Send them the link to this article.  Share how it will affect us all, and share these action steps.  Be sure that the information that you send is correct and that you don't get caught up in the rumors that are starting to fly.  (Example:  people are now saying that the children's resale market is "exempt" and that we don't have to worry about that anymore.  If you read point #1 above, you will see that resellers are still bound by the confines of the law whether they need to test or not!)

2.  Contact your national representatives.  If your current congressman or senators are being replaced due to the election, ask your current reps how to contact their successor.

            HOUSE CONTACT INFO: http://www.house.gov/house/MemberWWW_by_State.shtml

            SENATE CONTACT INFO: http://www.senate.gov/general/contact_information/senators_cfm.cfm

 NOTE that it is far better to send a short, concise, physical letter than an email.  Wait a few days, then make a call to follow up on your letter.

3.  Contact the national media.  Here are some starting places for contacting the media: Rush Limbaugh - ElRushbo@eibnet.com

Sean Hannity - http://www.hannity.com/contactus.asp

Fox and Friends - Friends@foxnews.com

CBS News: http://www.cbsnews.com/stories/1998/08/01/eveningnews/main15218.shtml

NBC News: http://www.msnbc.msn.com/id/10285339/

CNN Headline News: http://www.cnn.com/feedback/hdlns/

4.  If you homeschool, consider contacting HSLDA.  This is an issue they may wish to publicize.  Phone: (540) 338-5600  Fax: (540) 338-2733 

 E-mail: info@hslda.org

4.  Contact the Consumer Product Safety Commission.  

            Call Nancy Nord, the head of the CPSC at 301-504-7923.

            You can reach the CPSC ombudsman's office at 888-531-9070.

5.  Contact your local media to make this a local story.  Find a local business that will be affected by the CPSIA.  This link has more details on this idea.

http://www.zrecommends.com/detail/five-steps-you-can-take-to-save-natural-and-handmade-companies This site has other ideas and was my source for the contact info given in point #4.  Please do note that this site is primarily concerned with handmade toys, and while they raise some EXCELLENT concerns, it is important for us to see the big picture.  This issue affects a lot more than toys!!

6.  The LA Times reported on Jan 7 that SOME reforms (not nearly enough) are being considered.  Read the article here: http://www.latimes.com/business/la-fi-lead7-2009jan07,0,6917858.story  Note that the CPSC wants comments on this issue - so give them comments!!!  Let them know that you appreciate their willingness to look into this matter but that you don't feel that these reforms go far enough.  Ask them to endorse the NAM plan, remove the resale market from regulation, and reduce the labeling, tracking, and paperwork burden on small companies.  It is VERY important to note even if these or other measures are approved, the reforms will NOT go into effect before the Feb. 10 deadline.  This means that businesses need to make decisions before they will know if the reforms will be approved.

7.  Vote at https://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia .  This is an online voting site where people vote for something they want Obama to change.  The top idea (maybe the top several ideas??) will be presented to him.  It's free and very easy to create an account.  This is an extremely simple way to get your voice heard on this issue.

No matter who you contact, be firm, professional, prepared, and polite.  The overview at the beginning of this article has a number of good talking points. It is not enough for the CPSC to make some small, token reforms.  This entire law needs to be put on hold until it can be throughly studied and overhauled.