Confused about CPSIA?

I was.  Not only that, you know when someone starts talking about something you just don't want to face so you walk away or change the subject?  I was doing that whenever anyone Tweeted anything CPSIA-related or blogged anything CPSIA-related.  It's not like I was turning a blind eye; I did after all send an email to my vendors ensuring that they're all in compliance.  But I didn't get after the ones who either didn't respond (appreciate that, btw) or did respond with "CPSIA what?  What's that?"  (For real, that really happened.)

I was sort of ignoring this whole ordeal because I was confused.  I mean how could any regulation be so poorly written?  How could it be so far reaching?  How could it include me?

Then I read an article on Forbes.com that did a great job of explaining, and I'm feeling a little better informed.  I mean, the writer, Walter Olson hit the nail on the head:

"...CPSIA is now shaping up as a calamity for businesses and an epic failure of regulation, threatening to wipe out tens of thousands of small makers of children's items from coast to coast, and taking a particular toll on the handcrafted and creative, the small-production-run and sideline at-home business, not to mention struggling retailers."

In case you missed my first post on this topic which essentially asked for your support, here's the run-down.  CPSIA is a regulation passed by Congress intended to prevent anything like the Chinese lead-in-every-toy fiasco that occurred last year, from ever happening again.  A good premise gone terribly wrong.  Come February 10th, any and every product intended for use by children aged 12 and under will be subject to expensive third-party testing.  And when I say everything, I mean not just toys, but clothing, towels, bedding, diapers, hair-bows, flash cards and sporting equipment.  Virtually every article produced for use by children under 12 will have to undergo this testing.  This EXPENSIVE testing.

But here's the thing.  Other than the obvious large companies who are equipped to deal with such regulations (and should be, especially when they are coming from China), there are so many thousands of wonderful hand-made products that make our children's wardrobes and toy boxes interesting.   Toys and clothes that contain no hazardous materials.  Books that contain paper and cardboard.  Handmade accessories.  All these items will need to be tested.  And as a result, tens of thousands of small businesses, businesses needed to buy food for families, to clothe children, to pay rent with - all these small businesses will be closed down, lest they be caught and faced with possible prison time or fines of $100,000.  All for selling a product that could not possibly contain any of the materials it is supposed to be tested for.

And all this during a time when the economy is in the worst down-turn since the 1930s.  Could this law suck more? 

And get this interesting tidbit - according to Olson's article, rumor has it the law enforcers are not looking to put small business in the gutter and likely will only enforce the regulation in visible places, like more major manufacturers.  The hand-made goods assembled in a mother's basement as her children napped won't likely attract the attention of the CPSIA (nudge nudge wink wink), but even so, they will be breaking the law each time they sell one.

Ahhhh, the sweet smell of liberty.

There is something SO drastically wrong with a law that is intended to keep lead out of our childrens toy chests, but actually keeps just about everything out of their toy chests, closets, bathrooms, and then some.

By the time all is said and done, so many family businesses will be put down that there will be no money to buy these over-tested items anyhow.

Comments

[Wacky Hermit]

It cheapens the rule of law for Congress to pass a law that they know they won't enforce. The reason this thousand-year-old tradition is such a good idea is that the law protects as well as prosecutes; a law that fails to protect puts those who fall under it in permanent jeopardy, even if it's not enforced.

Shame on Congress for undermining one of the foundations of Western civilization.

[Kathleen]

I wrote this especially for you and your vendors.
http://www.fashion-incubator.com/archive/cpsia-denial-and-retailers-liability/

[renee - 21st Century Parenting]

i, too, have been somewhat burying my head in the sand. :-/ while i have faith that this is NOT intended to snuff out the light of the self-employed , i DEFINITELY worry about it.

i am JUST getting a handmade baby carrier business off the ground and cringe everytime i see one of my wahm peers "closing" their biz ALREADY!!!

i cannot believe that an ALL FABRIC carrier would pose ANY risk of lead. but i will definitely keep my eyes wider open.

thanks for sharing your thoughts!