How New Child Safety Law Affects Parents

What the Consumer Product Safety Improvement Act Means

© Kari Lomanno

Dec 27, 2008
Handmade Toy Alliance, Handmade Toy Alliance
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?

Editor's Choice

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.

What the CPSIA Does

According to the CPSIA Web site, the new legislation:

  1. Lowers the amount of lead that is allowed in children’s products.
  2. Increases the range of products that require testing and certification.
  3. Imposes a third-party testing requirement for all consumer products intended for children 12 years or younger.
  4. 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.
  5. 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.


Handmade Toy Alliance, Handmade Toy Alliance
       


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Comments
Dec 30, 2008 4:27 PM
Guest :
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'
2 Comments