Safety Law Will Effectively Ban Handmade Toys, Children Clothes

If the government is going to require testing, then it should pay for it.

this exactly the kind of nanny state bullshit that makes liberals so hated. I realize their hearts are in the right place, kind of, but their tactics are just as heavy handed as the panty-bunched maniacs on the other side.

My goodness. And how is this helping people who can only afford clothes through thrift shops? I understand the purpose but good grief this is going to hurt SO many people.

Thrift World is the best place to shop (or any thrift shop for that matter).

If they expect thrift stores and yard sales to comply, they've got a real big job on their hands. What about giveaway clothing?

I disagree that whoever is behind this has good intentions. This does not pass the common sense test. I think there is malicious intent behind it, probably from some corporate entity that would benefit from having hand-made products off the market.

It's be interesting to know two things.

Firstly, what's the cost/benefit of this decision - not just in the narrow sense, but in the wider sense of the impact on small traders and kids' enjoyment of a wider range of items that arent mass-produced.

Secondly, who lobbied for the law.

I am not an expert at this sort of thing, but my reading of the law has it generating much less dire results.

1. It appears to apply only to imported materials.

2. Domestic manufacturers should be able to use raw materials that have been tested and therefore not need to run tests themselves.

Thank you Edward, I appreciate hearing from someone who has actually given the law a look. It's easy to take laws at hearsay and run around panicking when things aren't that drastic.

Hi,I also read the law.I cannot find where it says items made from domestic materials are exempt.I am reading all items intended for children under 13 must be tested.Maybe I just missed that when i read it?

Another thanks, Edward.
However, I believe it WILL have an impact, because the CPSC has determined that the law applies retroactively.

I found it curious, however that a cursory reading of the law makes no specific mention of "clothing" and any reference to fabrics only asserts compliance with the Flammable Fabrics Act. So by interpretation cloth and yarn might be safe, as well as clothing that is made with domestic materials.

Specific mention is made in Section 102 on what is to be mandatorily tested:
Lead paint, cribs and pacifiers, small parts, children's metal jewelry, baby bouncers and walkers.
No mention of clothing, although "small parts" might mean buttons and zipper pulls.

Also the section on phthalates concerns toys and "child care" items, not articles of clothing.

My interpretation? You might see the toy and trinket shelves cleared, but probably not much of the clothing, and grandpa making toy cars out of scrap 2x4's is most probably ok as long as he uses paint made in America and the parts are larger than 5 cm.

Kevin, it's probably implied because the US already has fairly restrictive regulations on lead content already.
There are several sections in this new law that repeal or amend parts of them.

This exactly the kind of nanny state bullshit that made the current conservative administration so hated...even by conservatives.

This is an old game: get regulations imposed that penalize some (usually small) businesses to profit their (usually large) competitors.

It ain't liberal vs. conservative. It's just economic warfare disguised as social policy.

According to the Handmade Toys Alliance, the law will also require all toys to have a date and batch number stamped. Since this law is retroactive, ALL toys that don't have them are contraband (and how many toys do you see have production batch numbers on them?)

My understanding is that the law applies to both domestic and imported "children's products" (not just limited to toys and clothes). Imported materials have to include a certification of testing.

Natural materials are excluded, so cotton, wood, etc. are exempt from the rulings (but painted stuff still have to comply with the testings).

This is a knee-jerk law due to the lead paint in kids toys from China scare. The law is badly written, and enforcement would be prohibitive.

Big Brother is regulating you

I've also read the law and have been following the issue for about a month. There are no exemptions. It will put an end to at least a few hundred thousand American small businesses. Handmade children's items will all be outlawed because they cannot be tested. (Combustability test doesn't exactly work with unique items.) It's insane.

If someone thinks natural materials such as wood, cotton, or wool are exempted, they should cite the section. I can't find any such exemption in the law.

I already wrote my senators about this because it makes me really sad that such a sloppy law could be passed and hurt so many. My recommendation is that if this does go into effect, crafters and second hand stores should keep selling kids clothes and toys and just label them as "not appropriate for children as determined by CPSIA."

How did I miss hearing about this sooner? :(

Also, who actually considered this law to be a good idea? It's so over-reaching, so inclusive that it's kind of suspicious.

Also, [obligatory snark about centuries of children "surviving" handmade clothing and toys].

Your only option will be to buy things made in China. Does this sound like it's good for our economy? And I do not believe that I have ever put my children at risk by buying cloth diapers, fleece baby carriers (made one town over), handcrafted wooden toys, or used clothing. I would have put them at risk to let them play with a bunch of stuff mass produced in China which then breaks and gets thrown into the landfill.

Sounds like this bill needs to go back to the drawing board ASAP!

"If someone thinks natural materials such as wood, cotton, or wool are exempted, they should cite the section. I can’t find any such exemption in the law."

This was just voted on yesterday (Jan 6). Wood, cotton, silk, pearls and gemstones are exempt, IF in their natural state (untreated, undyed). It may not have made it to the CPSIA site yet.

Incidentally, the disclaimer on the CPSIA FAQ's is interesting. Apparently the opinion of their own employees (the ones enforcing this law) isn't the opinion of the actual agency.

"These FAQs are unofficial descriptions and interpretations of various features of CPSIA and do not replace or supersede the statutory requirements of the new legislation. These FAQs were prepared by CPSC staff, have not been reviewed or approved by, and may not necessarily reflect the views of, the Commission. Some FAQs may be subject to change based on Commission action."

Here is the link to an article reporting this exemption:

http://www.bloomberg.com/apps/news?pid=20601103&sid=a0Xr2Iw1Vi_8&refer=us

It also exempts items which have lead but it's not accessible (like the screwed-on battery compartment of an electronic toy).

There is still a lot of fuzziness in this tho, such as, dyed fabric - ok, or not? That wasn't addressed specifically.

Any second hand store that obeys this law has a dufus for an owner.

I'm surprised no one has mentioned that this law is hardly enforceable. And even if regulatory checks do, in fact, happen, the fact is that even on things like child-labor and fair wage laws, the process is absurdly corrupt and barely effective.

As many have mentioned, we must assume that larger companies will be in a better position to pass these tests than smaller firms.

Unenforceable? The problem with this sort of law is not that it's completely unenforceable, it's that it can be enforced willy nilly: one officer of the law (or agent of the whatever agency tasked to enforce the law) can apply the law to one small business but not another.

As someone affected by the law (I hand paint items and dye fabrics) who has done a LOT of reading it's sadly as broad as it seems. Thankfully I'm in the UK, but it means the US is now out of my market. Anyone in the US cannot sell or buy goods without this testing, no matter who from or to. The problem is that the law is not applied to the seller/buyer, but to the item. Thus it does not matter who or how, but if the item is not tested it is 'hazardous'. As someone above said, they have now allowed a natural materials exemption, but sadly most people sell these items dyed or painted in some fashion, so it doesn't work out that great. Another exemption is 'truely one of a kind' items. So if you asked me to paint a picture of your mum then I wouldn't have to get it tested. However if I offered a line of paintings then even though each one was hand painted and technically unique, it would still need testing done on it. As someone on another site said, 'on February 10th everything has to go in a landfill', which is a shocking image in my opinion.

This is one of the most misguided and arrogant decrees that i have ever heard. as i further research this issue i cannot escape the thought that this is a boon to the manufacturing, importing and distributing industries. this law has provided the ground work for removing person to person trade and a cash-less society. you will only be able to purchase goods from large scale distributors, like wal-mart, because they will be the only groups that can afford to test goods en-masse. Most likely they will have to acquire testing labs of their own to be cost effective and put a corporate stranglehold on a niche market . I am sure that there are not enough hazardous waste testing labs operating in the nation to keep up with normal rates of testing much less a flood of test requests for the 40 years of phthalates containing that are products floating around the country.
How far are we from swat raids on neighborhood yard sales? and for what reason? To protect the children or to protect corporate market dominance?

K Williams--This is predicted in the bible. Rev 13:17

Two things...If you are upset, write to your congressmen/women.

Second, if you are affected, then ignore the law and earn your living as you have been. 99.9% chance they won't bother with you.

One step closer to becoming a machine-dependent society.

wow. it's called the new world order. it includes a one world government, one world religion, one world monetary system...meaning take rights away from the people so only big business can survive. scary. you can read more in revelation in the BIBLE...

Thrift store and used items do NOT fall under the testing requirement.

The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are NOT required to certify that those products meet the new lead limits, phthalates standard or new toy standards.

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

Thrift store and used items do NOT fall under the testing requirement.

However, if they are caught selling an item that has too high of a lead or phthalates content they are in direct violation of this new law. I work in a children's consignment shop and it is amazing to me that it has taken this long for information regarding this new law to get out to the general public. This law also made it illegal to sell an item that has been recalled as of August 2008. Why didn't anyone bother to notify these stores? We have always encouraged anyone purchasing toys or baby equipment (playyards, cribs, bassinets etc) to check the CPSC's website to verify an item has not been recalled. We give them a week to do so and return the item for a full refund if indeed there is a recall. Apparently we've been breaking the law for about 6 months. Why all the secrecy? Are they purposely withholding information so the can raid the country after Feb 10th and bust everyone who still doesn't know about this law? When there is a recall on a toy etc it is plastered all over the news, but a law of this magnitude is top secret? Highly suspicious in my opinion!

This law is going to make all aspects of successfully running a consignment or thrift store with children's products so difficult and time consuming most won't be able or willing to do it anymore.

I also agree this law is a knee-jerk reaction to all of the recent lead paint recalls on toys and is outrageously over the top.

I also suspect that this is another way for George W. Bush to try and squash the 'little guys' and promote big corporate business. It's no secret that he doesn't beleive in the small business 'American Dream' and rather promotes the rich getting richer. He doesn't beleive in labor unions, fair pay and practice for American workers and doesn't support domestic labor period; he'd rather keep every country except ours working and employed. He has never had to want for anything and is so ridiculously out of touch with the bulk of our country, this new law makes this fact even more painfully obvious. 'Good riddance to bad rubbish' and by all means, let that door hit your ass on the way out for all I care. It's not suprising that he managed to find one more way to hose this country before his presidency ends.

Get the government off the backs of native americans and other crafts people who sell clothes and toys

Lead is more likely from china..let's boycott China goods if the US is doing this to us!!!!
WWW.ENCHANTED-MERMAID.COM

I'm going to various web sites to find
out more information on this topic. More so,
trying to understand it!

I belong to a quilting guild and our concern
is: Will this law affect hundreds of Charity quilts
that we donate to children shelters?

Could someone help me on this Please?

Thanks!

Two things:

1) This is not something you can pin on Bush. This was sponsored and babied through by the most liberal elements of the Democratic party. It is not a reflection of Bush, but on how moronic the whole political establishment is.

2) Beyond blog comments, I hope everyone has contacted their representatives asking for an exemption for small and thrift shops.

Whoever voted for this law needs a BIG can of WHOOP-ASS opened on them. Just another way to screw up my country! Maybe there is some lead in there toilet paper!!!!!

Correction in spelling! "there" should be their. Sorry, I was so upset about this new law I had a brain fa_ _!