CPSIA and Senate bill 374

I wrote to my representatives back in December protesting the Consumer Product Safety Improvement Act and its negative impact on the handmade community. I did a post about a month later recounting Sen. Tom Coburn's response. Today, I received an email from Sen. Jim Inhofe. (I have still heard nothing from Rep. John Sullivan. Way to represent your constituents, John!)

It's a long email, so I won't recount the whole thing, but there is a section in particular that will interest all of you. Inhofe wrote:

"You will be pleased to know that I am a cosponsor of S. 374 which would amend the troublesome provisions in the CPSIA. Specifically, S. 374 would postpone the implementation of testing and certification requirements to allow the CPSC to clarify the new regulations and allow for additional public comment. Additionally, S. 374 would exempt thrift stores, consignment shops, garage sales and other resellers from the CPSIA's prohibitions. This bill would also prevent the retroactive enforcement of the CPSIA to ensure that only products manufactured after February 10th would have to comply with CPSIA's testing and certification requirements. Therefore, manufacturers and retailers will not need to worry about un-sellable inventory that was considered safe prior to the passage of the CPSIA.

Additionally, in order to prevent costly duplicative testing, S. 374 would permit small manufacturers to use the certificates of compliance from their component suppliers to certify that the components adhere to the lead standards. Finally, considering that small businesses generally do not have the resources to employ staff to solely focus on regulatory compliance, S. 374 would require the CPSC to provide a compliance guide to small businesses. In addition to providing the compliance guide, S. 374 includes a good-faith exemption for businesses should they accidently violate CPSIA requirements.

S. 374 is currently pending the Senate Commerce, Science and Transportation Committee. In order to facilitate compliance with the CPSIA, the CPSC regularly updates its website (http://www.cpsc.gov/about/cpsia/cpsia.html) to provide current information on the implementation of the CPSIA and to answer questions from businesses and consumers. The CPSC has also included on their website a "Guide to the Consumer Product Safety Improvement Act (CPSIA) for Small Businesses, Resellers, Crafters and Charities." The guide may be found at http://www.cpsc.gov/about/cpsia/smbus/sbguide.pdf. You may also contact the CPSC at 1-800-638-2772. As businesses and consumers prepare for the full implementation of the CPSIA, please consider my office a resource. Do not hesitate to contact me if you have any further questions or comments. Again, thank you for contacting me. Your input helps me serve you better in the U.S. Senate."

The second paragraph in particular should be of interest to us all. Allowing crafters to present testing certificates from the manufacturers of the actual parts is the action that makes the most sense. This way, we all know that our components are lead-free, but the burden is placed where it ought to be: on the producer, not the consumer. Additionally, the provisions to clarify CPSIA's rules would also be helpful since so much of the act is confusing and seemingly contradictory.

I urge everyone who makes or buys handmade items to write, call or email their senators to support these changes to the legislation. Check out WackyHermit's post for senators to call and a script to use. Remember: CPSIA effects us all, so get your voice heard!

Big CPSIA news

I'm sure many of you have already heard the latest update from the Consumer Product Safety Commission, but I would love to be bearer of good news if you haven't. On January 30, the CPSC granted a one year stay on the lead-testing requirements under the Consumer Product Safety Improvement Act. You can read the full text of the release here. There are a few exceptions, including:

"The stay does not apply to:

Four requirements for third-party testing and certification of certain children’s products subject to:

• The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;
  
• The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;
  
• The ban on small parts effective for products made after February 15, 2009; and
  
• The limits on lead content of metal components of children’s jewelry effective for products made after March 23, 2009"

Also, if your product is found to contain lead, then you are still liable. This is still good news for the handmade community. I know the collective hope is that, within a year, the Commission and Congress will take all our concens into consideration and rewrite the law in such a way that it protects all consumers (us, too!) without crippling cottage industries.

In covering this issue, the Tulsa-based Fox affiliate (Fox 23, or channel 5 for those of you with cable) contacted Oklahoma seller Dody, AKA Spazspun, once again for her reaction. Back in December, the same station ran a piece on how CPSIA would prove detrimental to Dody and her husband, who create handmade items from things that naturally cannot contain lead (wool and wood). You can still view the story here on the Web site. I want to commend Dody once again for taking such great initiative on this important issue. She wrote letters, organized other sellers to rail against this law, and has really been a mouthpiece for the handmade community. Way to go, hot mama! Thank you for all you do!

CPSIA in the news

I was excited to see a story in the Tulsa World today on the effect the Consumer Product Safety Improvement Act will have on local crafters and small-business owners. You can read the article here.

As much publicity as we can get out of this issue is something to applaud. Once again, I think my biggest contention with CPSIA was missed: that the manufacturers of the lead-laden products, not the consumers of them, should be held responsible. As it is, the changes will punish those of us who buy and use products containing lead instead of the companies who recklessly created them. I'm all for holding manufacturers responsible for poisoning children, but CPSIA doesn't do that. Instead, it insinuates that I should buy a product and pay hundreds or thousands of dollars to test it for lead and phthalates myself. That's just nonsensical.

All the same, any coverage is helpful. Let's keep hoping those in power hear what we're saying.

Meet Our Members: FawnAndFinch

One of the best things about buying handmade items on Etsy is knowing that each transaction is with a real person. Every purchase you make supports independent crafters and artists who put love and care into each item. To highlight this, we will start posting interviews with our wonderful sellers. First up is FawnAndFinch. ::applause::

1. Introduce yourself.
My name is Beth and I run Fawn and Finch. Or does it run me? I live right on the border of Arkansas and Oklahoma and i've been a member of DOE since September of last year.

2. Tell us about what you make.
I make pacifier clips for babies, and more recently have added a line of mitten clips since the weather has gotten so cold. I used to be a professional nanny for a newborn girl and keeping pacifiers off the ground was a job in itself. I made my own because, at the time, the only ones I could find in stores were not very cute and had plastic clips that didn't hold up well to everyday use. They're unique because I use only imported Japanese ribbon made of linen instead of grosgrain. It keeps them from fraying and it's eco-friendly. I just love making them and seeing all the adorable babies who've put them to good use.

3. How long have you been crafting and selling?
With the pacifier clips I started selling them online about six months ago. Before that I sold them in local boutiques, and I have a large wholesale account with Giggle.com. But I've been crafting since birth. When I was thirteen I would go garage-selling with my Mom, and find old furniture. I'd paint it, decoupage it, decorate it, and sell it the next weekend at my own garage sale. It's great to make money doing what you love, but it's fantastic to know people genuinely like what you've created with your own two hands.



4. What are your reactions to CPSIA? How will it effect you?
Of course it will effect me tremendously since I specialize in infant and children's accessories. I've already sent several samples to be tested at a third party lab and i'm waiting to hear the results and (shudder) the final bill. I think the CPSIA was well-intentioned, but ultimately it will result in there being FEWER safe items for our children as small handmade businesses go under. Like everyone, i'm keeping my fingers crossed that exemptions will be made and handmade items will be saved.

5. Other than what you sell, what's your favorite thing to make?
I love to make jewelry and stationery. I'm always dabbling in those when I have the time. And I love making little felt mustaches as well. :)

6. What do you love best about Etsy?
I love Etsy to death. Sure, it has its problems like anything else, but it's given me and so many others a place to share our passions with the world. The things i've been exposed to, the people I've met, the things I've learned about business, crafting, and life in general, I can't thank Etsy enough for that.

7. What's your favorite thing about -- or to do in -- Oklahoma?
My absolute favorite thing to do is go kayaking down a river on a lazy Saturday afternoon. The Illinois River in Eastern Oklahoma is my favorite spot right now and if the weather's warm and the water's not too high, you'll find me there at least 5 or 6 times a year.

Thanks so much for chatting with us, Beth! Now go check out her shop. :)