It’s been a day. I’ve mentioned before the upcoming CPSIA legislation and how it’s going to effect small businesses, but until today, the reality of how it is going to effect US didn’t hit.
First, let me say that I don’t want lead in my children’s toys or my children’s clothes. That being said, I wholly support a REALISTIC approach to lead testing. For example, if every single item I use to make a onesie is certified lead-free, I don’t believe I need to test it again on the off-chance that all those items, when sewn together, will suddenly have a party and become lead-filled for the fun of it.
For those of you who aren’t aware, the legislation was done by some well-meaning politicians in a knee-jerk reaction to all the lead toys coming in from China. What’s ironic, as one of my friends so eloquently puts it, is that the legislation isn’t going to affect those big corporations who started this mess - companies that mass-produce and can afford to test. It’s going to affect people like me, and all of our manufacturers. She says, and I quote: “I can’t even come up with something coherent to say. I just followed the link on your blog and started poking around the interwebs, and here’s what I don’t get. Last year everyone was up in arms about the radioactive lead-filled dogshit toys coming from China, and so the answer is… to put small American manufacturers out of business, thereby leaving only the large companies that outsource their manufacturing to… China? What? Someone jerked their knee in government and this is the polished turd they came up with, sounds like.”
Couldn’t have said it better myself.
My brief synopsis, though the legislation itself is so complex you need both a Juris Doctor and a Masters in Chemistry with a concentration in Manufacturing to understand it is the following:
The upcoming CPSIA legislation will require every color and product variation for children to be tested for lead (meaning if you manufacturer a “got boob” onesie in black, red and white, even if all the products you are using are certified, you still have to pay to get it tested three times). Most of our manufacturers do not have the money to comply - each test runs between $250-$1400 depeneding on how many elements are involved. Many will go out of business in August when they are required to furnish the certificates and can’t. However, one thing I didn’t count on was what happens to the inventory we are holding. On Feb 10, 2009, we have to get preliminary certs from everyone we sell. Those can be from their raw product manufacturers (ie, someone who makes nap mats would get certs from the cotton material manufacturer and the fleece manufacturer). However, all the inventory we are holding may not comply, so we are looking at eating a shload of inventory sitting in my attic. We won’t be allowed, by law, to sell it. Did I mention that cotton has really never been a culprit for lead? Yeah, doesn’t matter.
And then what happens? What happens in August when the raw materials certified aren’t enough, and each manufacturer must test every variation of their product? An example from Boutique Cafe goes like this: “To put a real dollar amount to testing one of my products, I solicited a lab quote. I was told it was $75 to test for lead per garment component and each substrate. Coated or painted items such as buttons are $100. So my Little Red Riding Hood Shirt, a 100% cotton knit shirt with an appliqué made from 7 cotton fabrics and 2 buttons eyes would cost $625 to test for lead. Flammability testing is also required and is either $50 for a certificate per component stating it meets weight code or $100 for actual testing. So add another $400-$800 for a grand total of $1,025-$1425. in testing costs for a shirt that retails for $40. If the shirt is offered in another colorway, the same testing is required despite the fact that the same fabrics are used throughout.
Small manufacturers have no way of absorbing the price of such redundancy. And all manufacturers will be required to test a finished component/item from each batch. Easy to do in mass production—simply pull one sample from a lot of thousands. But how does one comply when your “batches” are made-to-order batches of one? SKUs will also be required for each product with a permanent label on the item itself.
CPSIA will be retroactive and takes a guilty-until-proven-innocent approach with extremely hefty fines for violators. As written, any product used by children 12 and under (such as toys, footwear, carpets, clothing, bedding, luggage, lamps, toys, books, magazines, baseball cards, consumer electronics, school supplies, office supplies, jewelry, housewares, sports equipment and so on) without the newly required certification would be deemed hazardous, whether the item poses an actual threat or not. So on February 10, 2009, any unsold merchandise (in big box stores, the corner boutique, your fabric stash, Good Will donations, etc.) will be deemed “hazardous goods” and illegal to sell unless 3rd party testing proves otherwise. By the way, there are only 14 said labs currently in the United States.”
For those manufacturers that do survive, who do you think will pay for the outrageous fees? You will - the consumer.
For my small little group of nap mat and onesie manufacturers, we are trying to band together an a.) figure out what the law is really saying and b.) survive. Here’s what you can do to educate yourself and support amending this law (thanks BoutiqueCafe.com for the list):
What can you do?
1) Email or call the CPSIA - the office of the CPSC ombudsman 888-531-9070.
http://www.cpsc.gov/cgibin/newleg.aspx
Comments on Component Parts Testing accepted through January 30, 2009.
mailto:Sec102ComponentPartsTesting@cpsc.gov.
2) Email or snail mail your representatives.
http://capwiz.com/americanapparel/issues/alert/?alertid=12274476
3) Call your representatives. For their contact information just enter your zip code.
http://capwiz.com/americanapparel/dbq/officials/
4) Make your voice heard by voting on this issue. The top 3 in each category will be presented to President-elect Obama.
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia
5) Sign the petition.
http://www.ipetitions.com/petition/economicimpactsofCPSIA/index.html
6) Spread the word! Write about this on your blog. Tell others about this issue and encourage them to do the same.
7) Join others in fighting this cause.
http://cpsia-central.ning.com/notes/Notes_Home
Join the etsy community in the virtual chat with CPSIA Small Business Ombudsmen or send a handmade children’s item that will become “hazardous goods” as of 2/9/09 to Bobby Rush, founder of H.R. 4040.
http://www.etsy.com/storque/craftivism/handmade-childrens-items-unintended-consequences-consumer-pr-3056/
And let’s all hope that enough people make enough noise to get a second, more thoughtful look at this problem.
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