Several new developments have come about on the CPSIA front since the last Boutique Café article on this topic. Here’s a quick summary.

1) On 2/4/09 Senators Jim DeMint of SC, Roger Wicker of MS and Saxby Chambliss of GA, and David Vitter of LA introduced bill S.374 to the Senate where it was read twice and referred to the Committee on Commerce, Science and Transportation. This bill would amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses. On 2/11/09 Senators Sam Brownback of KS, Tom Coburn of OK, Mike Crapo of ID and James Inhofe of OK cosponsored the bill also. Call (202-224-3121), email, fax and write your Senator to let them know you support this amendment.

2) On 2/11/09 Rep. John Shadegg of AZ and co-sponsor Rep. Roscoe Bartlett of MD introduced bill H.R. 968 to Congress where it was read twice and referred to the House Committee on Energy and Commerce. This bill is identical to Sen. Demint’s in wording to amend the CPSIA, providing relief for America’s small businesses. Call, email, fax and write your Representative to let them know you support this amendment.

3) On 2/10/09 CPSC posted Guidance on CPSIA for Small Businesses, Resellers, Crafters and Charities. Although this obviously was needed months ago, it is still welcome information and summarizes the legislation in understandable terms. ALL sellers, resellers, retailers, and manufacturers would do themselves a favor by reading this guide. Table B is of particular interest, listing materials, which are exempt from testing (hopefully a permanent ruling) such as dyed and undyed yarns and fabrics.

4) The Stay of Enforcement remains . . . for now. Activist consumer groups NRDC and Public Citizen are rumored to be filing a lawsuit to get it overturned.

So keep up the fight. CPSIA is not going to go away and we need to ensure that small business and micro manufacturers can survive this legislation.

Article by: Heather Flottman
Owner/Designer
liliputians NYC

As you have probably already read (perhaps here on Boutique Café ) the CPSC has granted a 1 year stay of testing and certification (an excerpt from the press release is in italics below).

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.

However, this issue is NOT over. Stop. Take a breath. Pat yourself on the back. Know that you’ll still be able to continue selling custom outfits, hair bows, or whatever product you create come February 10th. And then regroup.

It is crucial that momentum is not lost. Hope is very near with Senator Jim DeMint of SC (one of the 3 in the Senate who voted “nay” against this along with Senator Jon Kyl and Senator Thomas Coburn) introducing legislation to reform CPSIA. Call, email or write Senator DeMint and tell him “thank you.” Call your senators and tell them you support this. Let common sense prevail.

Keep the heat on Congressman Waxman and other members of the Committee on Energy and Commerce. Email them. Call (202-225-2927) and let them know that CPSIA needs to be amended. Let them know you support the 6 points presented by Senator Demint. Keep up the fight and save handmade.

NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs Washington, DC 20207
FOR IMMEDIATE RELEASE
January 30, 2009
Release #09-115

CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

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:
  o The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;
  o The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;
  o The ban on small parts effective for products made after February 15, 2009; and
  o 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.

****Don’t Miss this great article on ZRecs though, CPSIA-Certification Delayed un 2010 – Seller beware

Boutique Designers from eBay and Etsy join forces for “One Last Hoorah” due to the ridiculous CPSIA regulations coming into effect that will put countless boutiquers, crafters, WAHM’s and sellers of children’s products out of business. These regulations do not take into account small business and will wipe out our community as well as your choices as consumers.

Please mark your calendars and tell your friends. As our items we make with our loving hands will suddenly be illegal on 2-10-2009!

CLICK to Support these Amazing Designers>>

On a personal note: Thanks for sharing the fab mommy made products that you own Trisha. Especially the gorgeous picture you won on Boutique Cafe. We can’t believe that these beautiful products may be no more without some serious re-writing of this legislation.

On December 17th, I wrote my first article for Boutique Café. It summarized the CPSIA and its effects on the handmade toy and clothing industry as well as the unintended consequences for a gamut of other businesses that sell or manufacture products for children 12 and under. Fortunately there have been some positive developments to report since then.

For one, the media seems to be finally paying attention. News programs are reporting the ramifications of CPSIA, blog postings have a steady stream of calls-to-action, and newspapers big and small are focusing on the issue. This needs to continue to make the public aware of the impact the legislation will have to small business if not amended.

The thrift and resale shops were given a reprieve yesterday with the CPSC’s press release which clarified that “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.” It later goes on to state, “However, resellers cannot sell children’s products that exceed the lead limit and should avoid products that are likely to have lead content.” And, “Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.”

A particularly, promising statement for the handmade clothing sector was reported in the McHenry County Business Register, a Chicago area paper, by Hyacinth Filippi Worth. As stated in the article, “Davis [CPSC Spokesperson Patty Davis] said all products intended for children 12 and younger must adhere, Davis also said hand-made, one-of-a-kind items likely will be exempt, which would allow small-time crafters and seamstresses of children’s products to continue making and selling original products.” This is a promising assertion, but unfortunately is not an official ruling at this point. I hope we can make it one.

On January 9th, a notice of proposed rule making was posted on the CPSIA web site (see Children’s Products Containing Lead: Proposed Determinations Regarding Lead Content Limits on Certain Materials or Products; Notice of Proposed Rulemaking under What’s New). This preliminary ruling will possibly exempt the following natural materials provided that “these materials have neither been treated or adulterated with the addition of materials of chemicals such as pigments, dyes, coatings, finishes or any other substance, nor undergone any processing that could result in the addition of lead into the product or material.”
•precious and semiprecious gemstones
•natural or cultured pearls
•surgical steel
•precious metals: gold (at least 10 karat); sterling silver (at

The CPSC has formally requested comments. The rules regarding testing are not final. Comments on testing methods (eight questions have been asked) are being accepted until January 30th and can be emailed to Sec102ComponentPartsTesting@cpsc.gov. For a discussion on these questions, the Fashion Incubator forum is a great place to familiarize oneself.

I am hopeful that component testing will be allowed along with exemptions for all components which clearly are not a lead risk as well as excluding some products altogether (such as books, handmade clothing, second hand clothing). I also hope that X-ray fluorescence ( XRF testing) is permitted as a more reasonable (read nondestructive and inexpensive) testing method.

Please help in getting this amended. Safe products are possible without the demise of small businesses in America. At this point it is imperative to keep up the momentum.

As mentioned in the article, satisfy the CPSIA’s request for comments by emailing them your thoughts on 3rd party testing methods.

The Committee on Energy and Commerce sponsored CPSIA and it is the chairman of the Committee that can call hearings on this matter. Let’s convince him to revisit this legislation by writing letters or calling (202-225-2927) to express your concern and how this law will affect you. If you’ve already written them, please write them again. Here are their names and addresses:

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, Trade and Consumer Protection
2322-A Rayburn House Office Building
Washington, DC 20515

Continue CALLING and writing your congressmen and senators (Search by your zip code in the top left and right pages to find your representatives contact info.) Make sure they hear your views on this issue. Mention the REGULATORY FLEXIBILITY Act and explain that because CPSIA burdens small businesses unfairly, that CPSIA needs to be amended. Convince them to join their colleagues such as Congressman Charlie Dent, Congressman Jim Gerlach, Congressman Tim Holden, Senator Orrin Hatch, Senator Patrick Leahy, and Congressman Anthony Weiner who have taken up our cause.

The second round of voting has started at Change.org. Register if you haven’t already and make this issue one of the top 3 items presented to President-elect Obama.

Keep blogging about CPSIA and utilizing sites like facebook, twitter, and YouTube. The internet is a buzz with CPSIA. Just google it.

Join the mail-in protest, sending soon to be “hazardous goods” to CPSIA founder Rep. Rush.

Take this survey to help ascertain the economic impact of CPSIA for retail and manufacturing businesses.

And if you haven’t already . . .
Sign this petition for the Children’s Apparel Industry and this one from the Handmade Toy Alliance.

Visit the CPSIA “ war room” and CPSIA Central to discuss get up to date news on the topic.