Breaking News: The CPSIA Mandatory Testing & Certification Proposed 1 Year Suspension
We are so excited to announce that the Commission has voted for a "Stay of Enforcement of Certain Testing and Certification Requirements of CPSIA" — which means that they are proposing a 1 year suspension of the burden of lead testing and certification while they take more time to review the rules and plan enforcement!
All of your hard work is paying off (for the time being at least!). You wouldn't have to pay to do the certification and testing, though you are still liable if your products are found to have lead.
We are so pleased that artisans and vintage sellers got their voices heard. Your hard work is not over; we must continue to play a role in advocating for small business people throughout the coming year.
"The action taken today provides breathing space to get in place some of the rules needed for implementation, but it should not be viewed as a full solution to the many problems that have been raised." —U.S. Consumer product Safety Commission
You'll find the press release below:
CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products
Washington, D.C. – The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger.
These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards or bans.
Significant to makers of children’s products, the vote by the Commission provides limited relief from the testing and certification requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm), phthalates limits for certain products (1000 ppm), and mandatory toy standards, among other things. Manufacturers and importers – large and small – of children’s products will not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements.
The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.
The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.
The stay does not apply to:
Four requirements for third-party testing and certification of certain children’s products subject to:
The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;
The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;
The ban on small parts effective for products made after February 15, 2009; and
The limits on lead content of metal components of children’s jewelry effective for products made after March 23, 2009.
Certification requirements applicable to ATV’s manufactured after April 13, 2009.
Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides; and Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.
The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA.
These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission.
However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.
Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead.
Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.
The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are not required to test and certify products under the CPSIA.
The products they sell, including those in inventory on February 10, 2009, must not contain more than 600 ppm lead in any accessible part.
The Commission is aware that it is difficult to know whether a product meets the lead standard without testing and has issued guidance for these companies that can be found on our Web site.
The Commission trusts that State Attorneys General will respect the Commission's judgment that it is necessary to stay certain testing and certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.
Please visit the CPSC Web site at www.cpsc.gov/about/cpsia/cpsia.html for more information on all of the efforts being made to successfully implement the CPSIA.
Story by matt, Vanessa Published on January 30, 2009 in Craftivism
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Friday, January 30, 2009
Letter Campaign to the CSPC
Dear Friends,
I just sent a letter to Nancy Nord at the Consumer Products Safety Commission (CPSC) asking her to clarify new child products rules to protect safe handmade clothes and toys.
The manufacture and sale of natural, toxic-free, handmade children’s products is a cherished part of our economy, and I want to make sure we protect and empower this largely mom-driven industry as we move forward with improving safety standards for all children’s products.
You can send a letter, too, by clicking here: http://www.momsrisingaction.org/o/1768/campaign.jsp?campaign_KEY=26508
The Consumer Product Safety Information Act is a landmark law that will protect our children from dangerous chemicals.
As the Consumer Products Safety Commission considers the specific details for implementing this important law, we need to use commonsense and ensure that children’s products handmade with only natural, toxic-free materials can comply with the law through using certified safe materials as opposed to only through expensive testing.
Thanks!
Carolyn
I just sent a letter to Nancy Nord at the Consumer Products Safety Commission (CPSC) asking her to clarify new child products rules to protect safe handmade clothes and toys.
The manufacture and sale of natural, toxic-free, handmade children’s products is a cherished part of our economy, and I want to make sure we protect and empower this largely mom-driven industry as we move forward with improving safety standards for all children’s products.
You can send a letter, too, by clicking here: http://www.momsrisingaction.org/o/1768/campaign.jsp?campaign_KEY=26508
The Consumer Product Safety Information Act is a landmark law that will protect our children from dangerous chemicals.
As the Consumer Products Safety Commission considers the specific details for implementing this important law, we need to use commonsense and ensure that children’s products handmade with only natural, toxic-free materials can comply with the law through using certified safe materials as opposed to only through expensive testing.
Thanks!
Carolyn
Last Chance to Urge Changes on CPSIA
Today is the last day to submit comments to the CPSIA regarding component testing and the ability to use certified components in products to avoid the duplication of final product testing.
See Request Here
If you haven't sent in a letter yet, please go to the site. Pre-written letter, just fill in your info.
Here
Thank you,
Carolyn
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See Request Here
If you haven't sent in a letter yet, please go to the site. Pre-written letter, just fill in your info.
Here
Thank you,
Carolyn
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Thursday, January 29, 2009
Freedom and Independence from the CPSIA
This is a video from a fellow independant childrens' clothing crafter, Caroline of Little Journeys Baby World http://www.littlejourneysbabyworld.com
Monday, January 19, 2009
Reform CPSIA HR4040
Reform CPSIA HR4040
1788 Signatures
Published by Dawn Michelle LaPolla on Jan 07, 2009
Category: Law Reform
Region: United States of America
Target: Reform of the Consumer Product Safety Improvement Act
Web site: http://www.reformcpsia.org/
Description/History:
The August 14, 2008 legislation included a new ban on lead in children's products (no more than 600 parts per million (ppm) by weight of any part of the product). According to the CPSIA, the new lead requirements take effect beginning February 10, 2009. However, the Consumer Product Safety Commission (CPSC) has determined that this new requirement will apply to goods in inventory, as well as goods made on or after that effective date. This ruling effectively makes this new lead requirement retroactive.
This means that product that produced several months ago, & which is safe & legally compliant today, will not be able to be sold on February 10. This seems unfair, as it means we are being held responsible for a standard that didn't even exist when those goods were made. Moreover, it will be extremely difficult - & in some cases impossible - to retroactively certify that individual goods already in the warehouses & on the store shelves meet the new lead standard. In short, the ruling puts at risk millions of dollars of inventory.
Based on 2002 U.S. Census data, which is the most current available for the apparel manufacturing industry, the Cut & Sew Apparel Manufacturing industry, which includes most categories of small manufacturers of infant’s & children’s apparel, is comprised of more than 40,000 companies. Of these, almost 28,000, or 68%, are sole proprietors contributing a total of $900 million to our nation’s economy. Thus, while our businesses are small, they comprise well more than the majority of the apparel manufacturing businesses currently operating in this country.
We urge the CPSC to issue guidance that makes clear that textiles & apparel are only subject to the lead & lead in paint requirements to the extent that a component presents a risk that it contains lead.
I respectfully request that the CPSC institute rulemaking to clearly define the scope and applicability of the new lead regulations and testing requirements for apparel and footwear products. I also urge that CPSC announce and implement an orderly enforcement schedule that focuses initial phases on education of these new requirements. Finally, I believe the decision by the CPSC to apply the lead ban retroactively needs to be reconsidered as soon as possible since the practical impact of this decision, in today's economic environment, will have an adverse effect at a time the government is spending billions to stimulate the economy.
Disclaimer: I am not the original author of this petition. This petition was authored by concerned men and woman whom this Act will dramatically affect. I am grateful to them for their contribution to this effort.
Petition:
Reformation of the Consumer Product Safety Improvement Act (CPSIA) HR4040
We, the undersigned, believe that HR4040 unfairly targets small businesses that manufacture or sell products for children by implementing regulations that require redundant testing. Such requirements are excessive and cost prohibitive, retroactively impacting billions of dollars of current inventory. The current Act has circumvented the public discourse necessary to truly ascertain the CPSIA’s impact on small business.
We request that Congress institute rulemaking to clearly define the scope and applicability of the new lead regulations and testing requirements for children’s products as well as require the CPSC to announce and implement an orderly enforcement schedule that focuses initial phases on education of these new requirements as well as identifying exemptions for products that are inherently lead free.
We believe the decision by the CPSC to apply the lead ban retroactively should be reconsidered since the practical impact of this decision will have an adverse effect on small businesses and the economy at a time when the government is spending billions to stimulate the economy. Therefore, we, the undersigned, hereby petition Congress to reform the Law, adhering to the Administrative Procedure Act & the Regulatory Flexibility Act as well as request the courts application thereof now and in the interim to make a moratorium on the present Act.
Sign the petition
The Reform CPSIA HR4040 petition to Reform of the Consumer Product Safety Improvement Act was written by Dawn Michelle LaPolla and is hosted free of charge at GoPetition.
.
1788 Signatures
Published by Dawn Michelle LaPolla on Jan 07, 2009
Category: Law Reform
Region: United States of America
Target: Reform of the Consumer Product Safety Improvement Act
Web site: http://www.reformcpsia.org/
Description/History:
The August 14, 2008 legislation included a new ban on lead in children's products (no more than 600 parts per million (ppm) by weight of any part of the product). According to the CPSIA, the new lead requirements take effect beginning February 10, 2009. However, the Consumer Product Safety Commission (CPSC) has determined that this new requirement will apply to goods in inventory, as well as goods made on or after that effective date. This ruling effectively makes this new lead requirement retroactive.
This means that product that produced several months ago, & which is safe & legally compliant today, will not be able to be sold on February 10. This seems unfair, as it means we are being held responsible for a standard that didn't even exist when those goods were made. Moreover, it will be extremely difficult - & in some cases impossible - to retroactively certify that individual goods already in the warehouses & on the store shelves meet the new lead standard. In short, the ruling puts at risk millions of dollars of inventory.
Based on 2002 U.S. Census data, which is the most current available for the apparel manufacturing industry, the Cut & Sew Apparel Manufacturing industry, which includes most categories of small manufacturers of infant’s & children’s apparel, is comprised of more than 40,000 companies. Of these, almost 28,000, or 68%, are sole proprietors contributing a total of $900 million to our nation’s economy. Thus, while our businesses are small, they comprise well more than the majority of the apparel manufacturing businesses currently operating in this country.
We urge the CPSC to issue guidance that makes clear that textiles & apparel are only subject to the lead & lead in paint requirements to the extent that a component presents a risk that it contains lead.
I respectfully request that the CPSC institute rulemaking to clearly define the scope and applicability of the new lead regulations and testing requirements for apparel and footwear products. I also urge that CPSC announce and implement an orderly enforcement schedule that focuses initial phases on education of these new requirements. Finally, I believe the decision by the CPSC to apply the lead ban retroactively needs to be reconsidered as soon as possible since the practical impact of this decision, in today's economic environment, will have an adverse effect at a time the government is spending billions to stimulate the economy.
Disclaimer: I am not the original author of this petition. This petition was authored by concerned men and woman whom this Act will dramatically affect. I am grateful to them for their contribution to this effort.
Petition:
Reformation of the Consumer Product Safety Improvement Act (CPSIA) HR4040
We, the undersigned, believe that HR4040 unfairly targets small businesses that manufacture or sell products for children by implementing regulations that require redundant testing. Such requirements are excessive and cost prohibitive, retroactively impacting billions of dollars of current inventory. The current Act has circumvented the public discourse necessary to truly ascertain the CPSIA’s impact on small business.
We request that Congress institute rulemaking to clearly define the scope and applicability of the new lead regulations and testing requirements for children’s products as well as require the CPSC to announce and implement an orderly enforcement schedule that focuses initial phases on education of these new requirements as well as identifying exemptions for products that are inherently lead free.
We believe the decision by the CPSC to apply the lead ban retroactively should be reconsidered since the practical impact of this decision will have an adverse effect on small businesses and the economy at a time when the government is spending billions to stimulate the economy. Therefore, we, the undersigned, hereby petition Congress to reform the Law, adhering to the Administrative Procedure Act & the Regulatory Flexibility Act as well as request the courts application thereof now and in the interim to make a moratorium on the present Act.
Sign the petition
The Reform CPSIA HR4040 petition to Reform of the Consumer Product Safety Improvement Act was written by Dawn Michelle LaPolla and is hosted free of charge at GoPetition.
.
Saturday, January 10, 2009
Help Us Save Handmade!
So many of you have written to us out of concern regarding the new Consumer Products Safety Improvement Act, that we created this page as a source of information, resources and breaking news.
If you want to help spread the word, you can post this button on your blog or website. It's our hope that together, we can encourage Congress to amend the act so that we can both keep our children safe and protect the handmade toys and clothing that we love so much.
Adorable handmade bear image courtesy of Bumblebird--a true artist worth saving! And design by Laurie Smithwick of LEAP Design.
Or go here... http://coolmompicks.com/savehandmade/
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If you want to help spread the word, you can post this button on your blog or website. It's our hope that together, we can encourage Congress to amend the act so that we can both keep our children safe and protect the handmade toys and clothing that we love so much.
Adorable handmade bear image courtesy of Bumblebird--a true artist worth saving! And design by Laurie Smithwick of LEAP Design.
Or go here... http://coolmompicks.com/savehandmade/
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Thursday, January 8, 2009
Congressman Dent takes up the cause! Re: CPSIA
The following article was written by BuggaLove on Etsy Forum.
The title (above) links to the article and this is the link to her Etsy Shop.
Congressman Dent takes up the cause! Re: CPSIA
For those who do not know, I have been communicating frequently with Congressman Charlie Dent’s office. His office has been extremely helpful in assisting me gather accurate information regarding the CPSIA. My meeting with Congressman Dent himself is scheduled for January 16, 2009.
I’ve received word today that Congressman Dent is taking up our cause. And he is gathering the support of other Congressmen. So far, Congressman Jim Gerlach and Congressman Tim Holden have joined him to support the effort. Others are reviewing and likely more will join the effort in the next few days. Congressman Dent is sending a letter to the Committee on Energy and Commerce requesting a hearing. This is VERY good news. THIS is how things get changed.
It is the new chairman of the Committee who has the ability to call for hearings on this matter and advance critical legislation to resolve some of the issues. The best way to convince him of the need for a hearing to amend the CPSIA is to WRITE LETTERS to the four Energy and Commerce Committee leaders explaining our concerns and issues with the law as it is written and how it will affect us. Even if you have written to these people before, I urge you to send another letter.
Here are the names and addresses of the four Committee leaders:
The Hon. Henry A. Waxman
Chairman
Committee on Energy and Commerce
2125 Rayburn House Office Building
Washington, DC 20515
The Hon. Joe Barton
Ranking Member
Committee on Energy and Commerce
2322-A Rayburn House Office Building
Washington, DC 20515
The Hon. Bobby Rush
Chairman
Subcommittee on Commerce, Trade and Consumer Protection
2125 Rayburn House Office Building
Washington, DC 20515
The Hon. Ed Whitfield
Ranking Member
Subcommittee on Commerce, Tradeand Consumer Protection
2322-A Rayburn House Office Building
Washington, DC 20515
.
The title (above) links to the article and this is the link to her Etsy Shop.
Congressman Dent takes up the cause! Re: CPSIA
For those who do not know, I have been communicating frequently with Congressman Charlie Dent’s office. His office has been extremely helpful in assisting me gather accurate information regarding the CPSIA. My meeting with Congressman Dent himself is scheduled for January 16, 2009.
I’ve received word today that Congressman Dent is taking up our cause. And he is gathering the support of other Congressmen. So far, Congressman Jim Gerlach and Congressman Tim Holden have joined him to support the effort. Others are reviewing and likely more will join the effort in the next few days. Congressman Dent is sending a letter to the Committee on Energy and Commerce requesting a hearing. This is VERY good news. THIS is how things get changed.
It is the new chairman of the Committee who has the ability to call for hearings on this matter and advance critical legislation to resolve some of the issues. The best way to convince him of the need for a hearing to amend the CPSIA is to WRITE LETTERS to the four Energy and Commerce Committee leaders explaining our concerns and issues with the law as it is written and how it will affect us. Even if you have written to these people before, I urge you to send another letter.
Here are the names and addresses of the four Committee leaders:
The Hon. Henry A. Waxman
Chairman
Committee on Energy and Commerce
2125 Rayburn House Office Building
Washington, DC 20515
The Hon. Joe Barton
Ranking Member
Committee on Energy and Commerce
2322-A Rayburn House Office Building
Washington, DC 20515
The Hon. Bobby Rush
Chairman
Subcommittee on Commerce, Trade and Consumer Protection
2125 Rayburn House Office Building
Washington, DC 20515
The Hon. Ed Whitfield
Ranking Member
Subcommittee on Commerce, Tradeand Consumer Protection
2322-A Rayburn House Office Building
Washington, DC 20515
.
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