Tuesday, 20 January 2009

  • CPSC Clarifies Requirements of New Children’s Product Safety Laws Taking Effect in February

    Information submitted by rocking_horse222

    In response to the post "New Law Will Ban Children from Libraries starting Feb 10, 2009"

    WASHINGTON, D.C. - In February 2009, new requirements of the Consumer Product Safety Improvement Act (CPSIA) take effect. Manufacturers, importers and retailers are expected to comply with the new Congressionally-mandated laws. Beginning February 10, 2009, children’s products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain children’s products manufactured on or after February 10, 2009 cannot be sold if they contain more than 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.

    Under the new law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.

    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.

    The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

    When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC Web site (www.cpsc.gov) for information on recalled products before taking into inventory or selling a product. The selling of recalled products also could carry civil and/or criminal penalties.

    While CPSC expects every company to comply fully with the new laws resellers should pay special attention to certain product categories. Among these are recalled children’s products, particularly cribs and play yards; children’s products that may contain lead, such as children’s jewelry and painted wooden or metal toys; flimsily made toys that are easily breakable into small parts; toys that lack the required age warnings; and dolls and stuffed toys that have buttons, eyes, noses or other small parts that are not securely fastened and could present a choking hazard for young children.

    The agency has underway a number of rulemaking proposals intended to provide guidance on the new lead limit requirements. Please visit the CPSC website at www.cpsc.gov for more information.

    References:

    http://snopes.com/inboxer/pending/cpsia.asp

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

    Editor's Note: This new law is confusing to many folks, including the Momaroo crew. We'll do our best to keep everyone up to date on any new rules or news on the Consumer Product Safety Improvement Act. We greatly appreciate rocking_horse222 and the readers that contacted us with updated information. Please send any new info here to us.

Comments (9)

  • MoonFaeEyryan@xanga

    Bad article...

    This law is horribly made. People who make handmade toys are screwed. Let's say you make plushies. You have to test each component of said plushie for lead. Sounds great, right? Yeah, until you take into consideration how obscenely expensive the testing required is.

    http://consumerist.com/5117450/new-toy-safety-rule-has-collateral-damage-handmade-toy-manufacturers

  • methodElevated@xanga

    @MoonFaeEyryan@xanga - That's exactly what I was thinking.  Toymakers and children's clothing makers on Etsy have listed their items in accordance to what the costs will be under this law as a means of protest.  Search "CPSIA" at Etsy.com.

  • Bapster1@xanga

    Are you kidding me? It's GOOD that they're watching the lead content in children's toys. You don't need to test every single component for every single product that comes off the belt. You test the components of one and as long as you make the next 6000 the exact same way using the products that past the test then you're fine. 

    Plus, big companies that make toys like Toys R Us and Wal-Mart can afford it. 

    And people on that Esty website are spazzing. People need to just calm down. lol If that one person on there would by pre-tested fabric, liner, thread, etc, then she'll be fine and she won't have to go though any testing at all. Plus her math is all off. 

  • LadyLibellule@xanga

    Okay, so kids can still go to libraries.  So what?  A lot of cottage industries are still going to go down the toilet.  Most of them don't sell harmful products to begin with... but they can't afford to test them, so they're screwed.

  • LadyLibellule@xanga

    @Bapster1@xanga - Where do you get "pre-tested" materials that comply to these standards?  These days, when most of that stuff is made overseas, it would be next to impossible.

    And you can't do that, anyway.  You have to test the final product... not the components.

  • MoonFaeEyryan@xanga

    @Bapster1@xanga - You have no idea what you're talking about, clearly. 


    Not everyone wants to buy the same mass-produced crap sold by Mattel and Target. In fact, most recalled toys are made by your well-known rich toy folks.


    And you DO have to test the components. I'm an artisan. I've looked into this greatly. If the only things I made were children's items, my business and thus only income would be fucked.


    There are no loopholes in this law. If you make or sell anything that can even be slightly meant for children, you'll have to get them lead tested. And not those small and cheap at home lead testing kits, you need a lab to do it. Of course, the labs charge obscene fees.

    And this law not only includes toys, but anything that is meant for children; bibs, baby slings, books, clothes, etc. So if your mom sews your daughter a little dress and you want to sell it one day, make sure you have at least $500 dollars to get every part tested first.


    Lack of knowledge about the details regarding this law is the reason why it's not getting as much attention as it deserves.

  • vickevlar@xanga

    @MoonFaeEyryan@xanga - You're right, but maybe people are overreacting a bit- I have a feeling this is going to be a toothless tiger.  How on earth are they going to enforce it? How are they even going to find out that an untested item is being sold in the first place without inspections... and inspecting every single seller in the country is unreal. I suppose they'd enforce it through Etsy (for example) but even then it seems like too massive an undertaking. (Although that just adds to it being a poorly made law lol)

  • happymom4@xanga

    And even if they Can't enforce it 100% fully, I don't care to be the testee who gets caught and hauled off to jail for how many years!!! I sew ONE OF A KIND, custom-made doll clothes and kids clothes from my  home--and don't sell them for more than $25.00 or LESS--there is no way I can afford to have each item tested for hundreds of dollars by an independent lab! I sew because I love to sew, and I sew to pay for my daughter's music lessons and to raise money for adopting another special needs child! I will no longer be able to do so unless this law is changed. There are hundreds more Moms and Dads with stories similar to my own. People who think we are over-reacting have no clue what life is like for us now, and how it will change after Feb. 10th--and they have no clue probably how much this WILL effect the economy!!!

  • sinpescado@xanga

    A news report here said that the machine to test items costs upwards of $35K.  You don't necessarily need a lab but you do need deep pockets.


    My issue here is that they didn't ever stop to consider the burden this law would place on smaller manufacturers and resellers.  They claim that resellers don't need to test but "Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties" clearly says otherwise.  Although it is unlikely, if a person came to your resale shop and purchased an item that had not yet been recalled, tested it, and found it had too much lead, you are totally screwed.  So your best bet is to simply not sell at all. 


    Hopefully someone will be able to stop this before it goes too far.  I've already heard of some smaller resellers closing their doors in anticipation of this law.  They were barely holding on to begin with and this was the last straw.

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