CPSIA: When Government Regulation Goes Bad
Once again, well-meaning legislation has hampered the growth of small business. In an effort to keep toys free of lead and other chemicals, the US government has unwittingly closed the doors on what many people use to make ends meet in their personal finances, a small business run on the side or on its own.
The portion of the new law, the Consumer Product Safety Information Act, that I’m writing about takes effect February 10th. Under the law, those who manufacture products targeted at children, must go through a testing procedure and certify that what’s made is safe. Sounds good, right? Well, here’s a general timeline of events with the CPSIA and how it has hurt small business.
- China exports toys tainted with lead to the United States, and likely other nations.
- Other recalls and general panic follow.
- The US government issues a knee-jerk reaction, not fully thinking through the impact on small US businesses.
- Small businesses who’ve done nothing wrong, panic. Outrage follows.
- Artists, cottage industry clothing manufactures seek clarification and face closing.
- Change is sought.
- The Consumer Product Saftey Comission attempts to clarify its stance, but never really offers a full reprieve to small US clothing makers.
- Small clothing and toy makers change under government pressure or go out of business.
I can’t help but think that the “clarification” issued does little to soothe the nerves of people who don’t have the massive budgets to test and certify what they make. It doesn’t reword the law and almost sounds like a promise to look the other way when it comes to certain situations. Baring further legislative action, it’s the best we’re going to get.
I’m not a lawyer. Know the law better than I do? Are you hit by this new law? Feel free to let me know in the comments below.
Thanks for publicizing this! May I also suggest visiting the War Room for up to the minute updates and focused activism? http://bit.ly/3SFN. There’s also the automated mailer to email legislators in one fell swoop. http://tinyurl.com/5hloos. Lastly, we are asking people to fill out the Economic Impact Survey http://bit.ly/Cdwv. The latter link also includes every CPSIA entry published on Fashion-Incubator.com
Thanks for the links! Hopefully some grass-roots pressure can cause some changes with this issue.
I make and sell one-of-a-kind outfits for collectible dolls. While I market to adult collectors, the items could possibly be categorized as toys for children, even though the price would be higher than most people would pay for a child’s doll’s clothing. I am very concerned about this legislation; not only for me, but for the thousands of cottage crafters and small businesses that cannot possibly absorb the prohibitive costs of the mandatory testing.
If you haven’t already done so, you can go register a vote to save Handmade by going here to register your support of small business: http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia. You can even add your blog to the list of sponsors, which will also send a positive message.
Karen
I am a seller of antique and vintage items including toys or other children’s products, as far as I can tell these childrens items will be illegal to sell after Feb. 9th. Very few in my industry are even aware of this law. Another mess created by lawyer’s pushing Politician’s for a law that will allow them to get rich I think!
[...] previously wrote about the CPSIA, a well meaning but misguided law meant to protect chilren from lead poisoning in toys. The law [...]