Wednesday, December 3, 2008

CPSIA Impacts on Children's Apparel Industry

I found out about this today, and it is really making me sick!

There is a law due to take effect on Feb 10, 2009 that requires anyone who produces children's products meant for 12 and under to test their products for lead. Sounds good, right? No one wants lead in things their kids are using. However, the way the law is written, it blindly requires testing from everyone, no matter what they make. This means everyone who makes kids clothing or diapers or burp cloths – or children’s TOYS - is affected by it! Most fabrics contain no lead whatsoever, yet it will still need to be tested. Not just the finished product, but each component will have to be tested separately. Meaning I would have to have EACH individual fabric, thread and filler tested. Each test will have to be performed by a 3rd party lab at the cost up to $180 per item, per test.

This will put me, and a lot of other small businesses out of business! If nothing changes, I will either be completely out of business as of Feb 10, or I could choose continue business as usual and just hope I don’t get caught. The penalty for non-compliance is up to 5 years in prison, and up to $15,000 in fines. Neither of which I could afford!
If it isn’t changed, my Zadyballs will become illegal contraband as of Feb 10. Not something I want to have happen!

Simply put, this law needs to be rewritten!. Please join me in writing to your congressman and pleading with them to change the content of this law!

Some more information about how toy makers are affected here

And here's a forum thread on Etsy that is about this issue

Here is a petition that you can sign

Thank you for your help!


hillari said...

I looked at the forum thread and found the following:

With regard to clothing and fabric goods, Here is a C&P of part of the CSPC FAQ where it discusses clothing and fabric goods... sounds like they are exempt.
This is copied from page 15 of

[quote] Section 104
Standards and Consumer Registration of Durable Nursery Products
Q: Will infants’ crib bedding, blankets, bath textiles, and apparel fall under the heading of
“durable product”?
A: No. Congress did not define the term “durable,” but it is commonly understood to mean able
to exist for a long time without significant deterioration. Cloth/textile items are generally not
considered to be durable goods. None of the items Congress specified in section 104 as
examples of durable products are items made entirely of cloth, rather they are primarily made
from rigid materials (e.g., cribs, toddler beds, high chairs, strollers, bath seats).
Q: Are baby slings covered by section 104?
A: No. Although Congress specified that infant carriers are covered as durable children’s
products under section 104, the staff believes that baby slings are not covered but are nondurable
cloth products. (Also see the above answer.)

Anyway, doesn't that sounds like it wouldn't affect you?

Alayna said...

I saw that too... But as my items are TOYS and not bedding, blankets, etc, they fall into a different category. At least that's how I understand it.
Either way, this is just crazy!

Alayna said...

Did some more research... that quote applies ONLY to section 104 of the law - which requires additional testing of "Durable Nursery Products".
The lead testing still applies for ALL children's products.

kathleen said...

I hate to break it to you Hillari but this affects ANY child's product. Let me say that again ANY and EVERY child's product. The law does not say *only durable goods are subject to the law* only that fabric related items aren't durable goods. That's two entirely different things. There's different standards for durable goods so you need to know whether your product falls in that category or not.

If you're making sewn products, the place to keep abreast on that is I just got back last night from a meeting in Washington DC attended by the biggest brands in the business but if they're in a panic, you should be too.