Pennsylvania has a proud heritage of manufacturing with numerous businesses from large international corporations down to micro home based businesses. With the new Consumer Protection Safety Improvement Act (CPSIA) smaller businesses and manufacturers could be forced out of business due to the cost of testing each product for lead.

While we can all agree on the need to protect our children from lead and other harmful materials this new regulation just doesn’t make sense. The main reason for this new law is a reaction to lead in toys imported from other countries.

Why should a PA manufacturer pay upwards of 4,000.00 to test for something that has been outlawed in the US since the 1970’s. In essence law abiding businessmen are having to foot the bill for mistakes made overseas.

Here is a quote from the Handmade Toy Alliance

For small American, Canadian, and European toymakers and manufacturers of children’s products, however, the costs of mandatory testing will likely drive them out of business.

* A toymaker, for example, who makes wooden cars in his garage in Maine to supplement his income cannot afford the $300 – $4,000 fee per toy that testing labs are charging to assure compliance with the CPSIA.
* A work at home mom in Minnesota who makes cloth diapers to sell online must choose either to violate the law or cease operations.
* A small toy retailer in Vermont who imports wooden toys from Europe, which has long had stringent toy safety standards, must now pay for testing on every toy they import.
* And even the handful of larger toy makers who still employ workers in the United States face increased costs to comply with the CPSIA, even though American-made toys had nothing to do with the toy safety problems of 2007.

Here are a few pertinent sections of the new law.
[full text here]

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.

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

A “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered:

* A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.
* Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.
* Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
* The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.

http://www.cpsc.gov/about/cpsia/faq/children.html

For products produced domestically, the certificate must be issued by the U.S. manufacturer.

http://www.cpsc.gov/about/cpsia/faq/102faq.html#whoissue

Here in Lancaster PA this bill will affect locally made Amish toys, dolls, clothing, as well as other handcrafted products for children.

Helpful Links:

• CPSC – Clarification letter on selling used product
• CPSC – FAQ page
• LA Times – article on the need to rethink the testing regulations
• Handmade Toy Alliance
• Rocks in My Dryer – The Scoop on the CPSIA
• Book Publishing and Lead Information
• Change.org – Save Small Businesses
• American Library Association – Impact of CPSIA on libraries
• iPetition – CPSIA impacts on Children’s clothing
• Fashion-Incubator – CPSIA Please Take the Economic Impact Survey

If you have any other helpful links please post them in the comments. Or if you will be affected by this legislation let us know.

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Tagged as: cpsc, cpsia, handmade, pa, pennsylvania