The CPSC & CPSIA have passed a new law to go into full effect February 10th 2009 requiring extensive testing for hazardous chemicals on all items manufactured that are intended for use by children. This sounds like a good idea on the surface. I mean, with all of the lead paint recalls and scary stuff coming out of China, who's not for stricter regulation and more rigorous testing? When it comes to children, you can't be too safe. Or can you?
The problem with this law is that the testing is required to be done by the manufacturer, and no exemption or allowance is included for size of business. The tests we're talking about can cost up to $5,000 with the average being around $500. And they need to be performed on every component of every item produced. Even large businesses are struggling to meet these new testing requirements, but small businesses and work at home moms don't stand a chance. Moms that sew boutique children's clothing in their homes, dads that make wooden toys, and small manufacturers would be required to test every button, every spool of thread, every bolt of cloth, every can of paint that is used in the production of any product intended for children. At $500 a pop, this puts most of us out of business.
Not only does this include small businesses and work at home parents, but the re-sale of children's items are subject to the same testing requirements. In addition to mandatory testing, the law states that any children's items produced before Feb. 10, 2009 that have not been tested will not be able to be sold. To sell the like new Christmas jumper that your daughter only wore once without complying with the mandatory testing would be considered a felony punishable by thousands of dollars in fines and jail time. Toy stores like Larson's and Sprout Soup will have thousands of dollars of unsellable inventory just sitting in their stock rooms.
The law extends even to foreign countries who wish to export items to the United States. If they don't comply with the testing, the US won't let the items in. In light of this, many terrific companies of wonderful, quality children's toys and clothing are going to stop shipping to the US. They just can't afford to. And don't think that a law like this could never be passed in the US. It already has. The best we can hope for now is to get an amendment to either provide exemption based on business size, or to put the burden of testing on the raw materials manufacturers. Require the cloth manufacturer to test, and then the sewing mamas can buy already tested/approved materials to work with.
Feb. 10, 2009 is being referred to as "National Bankruptcy Day" by many businesses and manufacturers. Please help us by making your voice heard!
Sign the petition:
The Handmade Toy Alliance has provided a sample letter and listed contact info for your Congress Person and Senators:
National Bankruptcy Day Site:
Write to man who sponsored this bill and send him an item of yours that will be illegal to sell after Feb 9th, 2009 in protest.
Bobby L. Rush (D)
2416 Rayburn HOB
Washington, DC 20515