Welcome! For more information about my Story Time Felts business, visit FunFelt.com We offer imaginative children’s educational felt products such as felt boards for storytelling fun, felt paper dolls, felt quiet books, and more!
My business and thousands of others are being threatened by the Consumer Product Safety Improvement Act, which will go into effect in phase 1 on February 10th, 2009. This law, which unfortunately was pushed through last year without forethought as to the ramifications for small business, will effectively limit the small business children’s products industry by requiring redundant, expensive, and ultimately destructive testing for lead and phthalates on new product as well as current inventory. I believe that these limits do need to be put in place and supported, however the manner in which the law was written will result in many small businesses and manufacturers destroying current inventory, limiting their product lines or going out of business all together.
These are just some of the categories of products this law will affect:
- books, including library books
- infant equipment
- childcare supplies including diapers
- children’s clothing including babies to age 12
- all toys for children birth to 12
- stuffed animals
- birthday party goods, decorations, supplies
- wooden “natural” toys
- hand-made children’s toys/goods/crafts
- homeschooling materials
- art and school supplies for children
- children’s musical instruments
- teaching materials and textbooks
- bicycles and outdoor equipment for children
- resale and consignment clothing and products
- prizes/incentive items for children
- bedroom furniture items and bedding
- girls’ jewelry and dress up items
- hand made baby blankets, booties, and hats
- religious education products
- sporting equipment designed for children
- science and math hands-on teaching tools
- kindergarten and preschool learning through play items
- children’s shoes, backpacks and other accessories
This law, as it stands today, requires every person who distributes a children’s product in any way (selling, lending, donating) to be sure that the finished product meets the lead and phthalate limit outlined in the law or face fines up to $100,000. They are to do so by ensuring that the original manufacturer or the finished product and the original manufacturer of the raw materials have obtained scientific testing and General Conformity Certificates for the finished product and each individual variations of that product, all individual components of the finished product, every single time a “lot” or “batch” is produced, whether it is a one time production of a one of a kind item, or a lot of 1000s. With certified testing running anywhere from $100 to $5000 per product, it is easy to see how this could put small businesses who produce small quantities out of business. That fact that it is retroactive and applies to existing inventory is enough to put someone out of business. Currently, XRF (x-ray) testing is permissible and tends to be a lower cost, but is not widely available. By August 14, 2009, all testing must be done by a certified 3rd party laboratory using testing that destroys the sample. The costs for this testing is truly exorbitant except for those companies who are producing mass quantities large enough to recuperate the costs.
The affect on our livelihoods and lifestyles as Americans will be affected by this law, as only the larger corporations, including those whose products are produced in foreign countries, will be able to continue doing business in the USA. We will be left with only mass produced items and lose the charm and innovation of Made in the USA products for children. Jobs will be lost as companies go out of business or reduce their reach. Our stores are already beginning to close down, and clear their shelves of non-compliant products, toys, clothing, and books. Thrift stores will no longer carry children’s product, eliminating an affordable option for many families in these tough times. Libraries will not be able to allow children to check out books. This is a serious problem that needs attention.
What can we do? Although this law has already passed and will go into effect February 10th, both Congress and the Consumer Product Safety Commission appear to be open to feedback for possible exemptions or amendments to this law. Contacting Congress, especially those on the Committee for Energy and Commerce who drafted this law, the Consumer Product Safety Commission and your local representatives to let them know that this will affect either your business, the local economy, the available products for your family, or someone you know directly.
Below are some website links to government resources and contact information, press releases, news articles and media coverage about this law.
- The actual law, HR 4040 from the 110th Congressional record
- HR 4040 record including which elected officials voted and how, and timeline/record of the law from govtrack.us
Consumer Product Safety Commission:
- NEW 1/29/09 PDF Download 16pgs CPSC requests STAY of CPSIA for 1 year (pending) Outlines their own issues with the law as it was written and their inability to enforce in time.
- NEW 2/6/09 CPSC Enforcement Guidelines Clarified (includes statement that post-1985 books are excluded from enforcement)
- Consumer Product Safety Improvement Act PDF Download from CPSC
- Information about the Act from the Consumer Product Safety Commission:
- CPSC Regarding Books PDF download Falvey to Adler (still must test for lead content)
- CPSC Regarding Resale/Thrift Stores PDF download Falvey to Adler (still liable if they accidentally sell items with lead content)
- CPSC Regarding Existing Inventory (prior inventory is banned hazardous substance)
- GCC Certificate Guidelines and FAQ from CPSC
- CPSC Regarding Retroactive Application (inventory) PDF Download Falvey to Nord (lead-containing items cannot be sold past Feb 10)
- Prior Toy Recalls History from CPSC
- Sample Letter to send Consumer Product Safety Commission
- Meeting 1-22-09 with CPSC and Apparel Industry reps, includes video and pdf presentations
Congress and its Committee on Energy and Commerce:
- Comittee on Energy and Commerce letter to CPSC urging swift action 1-16-09
- Letter to Chairman Waxman of Committee on Energy and Commerce (from Barton and Radanovich) PDF Download 1-21-09
- Sample letter to send government officials (from Handmade Toy Alliance)
- Tips on contacting your elected officials by phone, mail, email
- Letter from TN Congressmen Blackburn and Duncan to Nancy Nord (CPSC) urging swift action on behalf of garment/apparel industry PDF 1-26-09
- NEW: Congressional staffer outlines suggestions on bringing about change in CPSIA
From Experts in the Field:
- NEW: CPSIA Wish List from Learning Resources - Great outline of what must be done.
- Example Press Release to Send Local Media
- Save Handmade Toys Group
- Fashion Incubator’s report on why exempting Small Businesses would be counter-productive 1-20-09
- Interview with Kathleen Fasanella (Fashion Incubator) on Injuryboard.com (trial lawyers) 1-19/09
- Learning Resources - Addressing the school supplies market and more.
- Letter from Toy Industry Association to toy manufacturers about the TIA’s efforts
- American Library Association reaction to possible children’s book banning Update: ALA reps met with CPSC reps 1-22-09
- Association of American Publishers
- Reform CPSIA HR 4040 Class Action Lawsuit
- XRF Testing Services for CPSIA Compliance from thesmartmama.com - $5/product or $100/hour (Good only through August ‘09) Some examples of her results/general findings
- National Bankruptcy Day
- CPSIA Central (Ning Forum Group)
- Smart Mama (Attorney)
- Fashion Incubator Etsy Community Forums
- Handmade Toy Alliance
- CPSIA and Clothing Retailers/Department Stores, from Fashion Incubator
- SaveKidsResale
Print and Online Articles:
- Wall Street Journal 1/14/09 Pelosi’s Toy Story
- CNN Money Article 1-15-09
- Forbes Magazine Article 1-16-09
- CPSIA, Continued - Overlawyered 1-19-08
- Follow up article at Forbes 1-22-09
- Consumer Reports Article
- Christian Science Monitor Article
- USA Today Article
- LA Times Article (general)
- LA Times Article (clothing industry) 1-16-09
- Vote on Change.org to Send a Message to President Obama
- Startup Nation: Will CPSIA Affect You?
- Business Is Personal Website
Video:
- ABC Affiliate in Houston interviews hand-made clothing store owner. Visit her website here.
- Example of Vendor Affected: Craftsbury Kids News Interview 1-20-09
- Baltimore NBC Affiliate Video Interview with CPSC Spokesperson Vallese 1-14-09 (mostly about thrift shops. She appears to be confused and is misleading, suggests store owners “look at it” to tell if something has lead etc. and implies there will be little enforcement except most dangerous products)
- Boulder, CO NBC Affiliate video on CPSIA featuring auntieemdiapers.com cloth diaper company 1-14-09
Audio:
- 10 Minute Recording of interview with reps from CPSC, Handmade Toy Alliance, and American Library Association, addressing concerns . January 12.
- Podcast from The Takeaway - Interview with rep from CPSC and a Thrift Shop owner
If you know of any other resources I should add to this list, please let me know in the comments. Thanks in advance for helping raise awareness of this cause!
Until next time...



Who to CONTACT
Call Rep. Waxman’s committee, ask them to postpone CPSIA deadlines! 202-225-4434
Write the White house about CPSIA http://www.whitehouse.gov/administration/eop/opl/
Call Senate Commerce Committee and let them know how CPSIA affects you 202-324-5115
Call Sen. Kerry Chairman of Small Business & Entrepreneurship (202)224-5175 tell how CPSIA will affect your biz
Contact Senators about CPSIA http://tinyurl.com/b1lm
Contact Rep https://writerep.house.gov/writerep/welcome.shtml
Contact the minority house commerce committee. 1-202-224-1251..
Why contact Waxman http://tinyurl.com/d2d7z3
THANK YOU Kay!!
Karen
I find this very disturbing to say the least. I have a few kids crafts that I make and sell at craft fairs, that I just cannot afford to market after this goes into effect. I have several friends who sell children’s products, on a small scale, and I am worried this will devastate their businesses. I hope something is done to fix this.
Me too! There’s been some talk of going toward component testing but nothing official has happened. There was also some talk about exempting unadorned fabrics and that could help a lot of crafters. But it all just talk, we need to see it in writing in the way of amendments! Write to your Congressmen and those on the Energy and Commerce Committee who wrote this, the more they hear from affected citizens the more real this becomes. Thanks for helping spread the word!
Karen
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