By Feb. 10, 2009, toy manufacturers will be required to test for lead and other chemicals in their products. What does this new law mean for parents?
Toy manufacturers are already concerned about the Consumer Product Safety Improvement Act, which was passed by Congress last year after a flood of toy recalls involving lead and other dangerous chemicals. The legislation requires toy manufacturers to test their products for lead and phthalates, which are chemicals used to soften plastic, before they are allowed on store shelves. Children’s products will also have to be tested for small parts that could become choking hazards. The new rules will be phased in over the first few months of 2009.
Lowers the amount of lead that is allowed in children’s products.
Increases the range of products that require testing and certification.
Imposes a third-party testing requirement for all consumer products intended for children 12 years or younger.
Requires manufacturers to provide a tracking label on their products. The label must include the source of the product, the date of manufacture, and other important information.
Permanently prohibits three phthalates (DEHP, DBP, and BBP) in concentration of more than 0.1 percent in “children’s toys” or “child care articles.”
The CPSIA and Home-Based Business
Parents who run home-based businesses will be forced to do expensive testing on their products, in some cases as high as $4,000 per toy. Small business owners from around the country are writing letters to Congress asking for exemptions to the law, saying it is too reactionary and broad. Many small businesses are concerned they will have to choose between going out of business and breaking the law.
The Handmade Toy Alliance, an alliance of toy stores and manufacturers “who want to preserve unique handmade toys, clothes, and all manner of children's goods in the USA,” has developed a Web site and sample letter encouraging consumers to contact Congress about exempting certain manufacturers from the testing requirements.
The CPSIA and Children
Some believe the new law will essentially prohibit small, handmade toys from being made in the United States, because these small retailers will not be able to afford the testing. As a result, opponents to the legislation feel that children will actually become less safe because the toy market will be dominated by large toy manufacturers in China.
The CPSIA and Parents
The overwhelming majority of parents do not feel the law will do much to help protect their children. While most parents are glad to see the government taking action to reduce the harmful chemicals in children’s toys, they feel the new legislation is a knee-jerk reaction that will ultimately hurt the U.S. toy market and drive small toymakers and retailers out of business.
What Parents Can Do About the CPSIA
Parents who are concerned about not being able to purchase natural, handmade children’s products made in the United States can contact their Congress Person or Senator or write to the Consumer Product Safety Commission.
The copyright of the article How New Child Safety Law Affects Parents in Kids Products is owned by Kari Lomanno. Permission to republish How New Child Safety Law Affects Parents in print or online must be granted by the author in writing.
Unfortunately this act will affect independent craftspeople
disproportionately as they will not be able to afford the testing services
required to keep children safe. There should be a provision to accommodate
these people. http://www.productsafetyact.com/
Jan 28, 2009 9:28 AM
Guest :
I own and operate Trading Post for little folks. It is a children's &
maternity resale shop in Essex Junction, VT. My family & I started this
business from the ground up 12 years ago. Since we opened, our goal has
been to provide a place for families to come and find excellent quality
items at affordable prices for their children. In this economy, we have
helped many families take care of their children's needs. At the same time,
we have helped our envirnoment by recycling gently used children's items to
keep them out of landfills.
This new CPSIA Act that goes into
affect February 10, 2009 is a very big concern for me. I understand the
reasons for the new law and support it, but I am very afraid of it and how
it is written right now. There's a modification for us resellers, but that
is only a suggestion, not a law yet. Regardless, it really doesn't make it
any easier on us. As far as I understand, we not required to test every
item we have in stock now or in the future for traces of lead, BUT if we
sell anything that violates the new law, we're liable and risk civil and/or
criminal penalties.
This could be the end of my business! I
have helped support my family and the community surrounding me with this
business for 12 years and I want to continue doing so. At this point, I
don't know how to make sure how I will be able to comply to this new law,
except for the testing. There are no resources or guidelines out there to
help me determine what are "safe" products and what aren't. I
simply can't afford to do the testing, cover all the other costs I have to
run a business, and continue helping to support my family. At the same
time, I can't afford the risks of being liable for selling a product that
may violate the new law.
This not only affects my business and
the thousands of others like mine nationwide. It also affects charaties,
Ebay, Craigslist, garage sales, & children's libraries. In this economy
many families depend on all of these to get by. How will this affect our
landfills? How will this affect my insurance? If I don't find some
guidance soon, I may be forced to close and I simply can't afford to do
that either!
I really want to continue doing what I've enjoyed
doing here for so long...supporting my family, helping other families save
money and helping the environment. I'm trying to bring more awareness out
there to the public on this issue. This law was meant for good, but it'