Friday, January 30, 2009

Stay of CPSIA

While I would love to write a full blog on this issue, I am so tired from such a long week that I just don't have the energy.

So here's the link:
http://www.cpsc.gov/library/foia/foia09/brief/stayenforce.pdf

And here's the press release:
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html

And here's my limited understanding of how it works:
1) The CPSC announces they want to do this
2) The CPSC puts it in the federal register and opens a mandatory 30 day period for comments (so that's 30 days from today 2/30)
3) They vote on whether or not to activate the stay.

So potentially, the stay goes through in early March. It misses the February deadline, but since it's a proposal up for review, no one will be enforcing it. I'm sure I'll write more about this at some point, but like I said, I'm exhausted.


In other news, BuggaLove had a RECORD BREAKING month for sales in January 2009. My mobiles are just flying out of my house. Right now the wait time is 4-6 weeks for custom nursery decor and 5-7 days for creepers.



I introduced a new type of mobile this week, BIRDS! There are 3 bird mobiles currently for sale in my Etsy shop. And I created a custom Woodland theme mobile for a customer in December. I hope to offer those to you all soon!




Have a great weekend! I'm going to take a much needed break from blogging over the weekend!

Last chance for Creepers on Sale!! Sale ends tomorrow!

Thursday, January 29, 2009

You should be CHECKING YOUR FACTS!

I was so excited to see that there was an article coming in the Philadelphia Inquirer! Since I lived in Philly for awhile and live between Philly and Allentown currently, I sort of consider it my hometown paper. So like I said, I was excited...until I read the article.

http://www.philly.com/philly/entertainment/20090129_Craftspeople_see_safety_proposal_as_threat.html

There are several errors in it regarding exemptions. First, there is NO natural materials exemption. It might be coming, it is being considered, but it has not passed. Second there is NO exemption for OOAK (one-of-a-kind) items. That statement was made in another article some time ago. It was a misquote from Julie Vallese. Who, by the way, is no longer with the Commission.

Misinformation about the law from large media outlets does not help our cause! Mainstram media is where the public at large gets most of their information on a variety of topics. I have never been so alerted to the blantantly false information being passed around. It is SO important to fact check, especially on a topic as complicated as this one! Especially since this topic has been largely ignored by the media to date, save a few articles and some local tv spots. Be discerning when reading these articles. Many have inaccurate information.

Haven't you been noticing all the toys are on sale at your favorite big box retailers? Didn't you wonder why? After all, it's past the holiday sale season, it's not really time to "change over" to a new season of toys, toys don't really have a "season" like clothes do. They're on sale because they have to be pulled from the shelves as of February 10th if they haven't been tested. Some of these retailers have MASSIVE inventory to unload before that date.

Wednesday, January 28, 2009

Who cares about the CPSIA?

I've been writing for over 2 weeks about CPSIA, which begs the question: Who cares?

Most people know someone who will be affected because most people know people who have children, will buy something for a child within their lifetime, or have children themselves. Most small businesses and crafters who sell children’s products care about this. They will be put out of business by this law due to the prohibitive testing costs. Their products might be safe, but they can’t afford to “prove” it. Many parents care about this, their choices for their children could be significantly limited if the mid-size, small, and micro manufacturers all go out of business due to this.

The following was provided by Winklepots.Etsy.com and highlights who cares:

To the Parents of Young Students:
Due to the new law, expect to see the cost of school supplies sky rocket. While those paper clips weren't originally intended for your student to use, they will need to be tested now that your 11-year-old needs them for his school project. This law applies to any and all school supplies (textbooks, pencils, crayons, paper, etc.) being used by children under 12.

To the Avid Reader:
Due to the new law, all children's books will be pulled from library and school shelves, as there is no exemption for them. That’s okay though, there's always television. Our children don’t need to learn the love of reading after all.
Article from the American Library Association http://www.wo.ala.org/districtdispatch/?p=1322

To the Lover of All Things Handmade:
Due to the new law, you will now be given a cotton ball and an instruction manual so you can make it yourself since that blanket you originally had your eye on for $50 will now cost you around $1,000 after it's passed testing. It won't even be the one-of-a-kind blanket you were hoping for. Items are destroyed in the testing process making one-of-a-kind items virtually impossible. So that gorgeous hand-knit hat you bought your child this past winter won’t be available next winter.

To the Environmentalist:
Due to the new law, all items in non-compliance will now be dumped into our already overflowing landfills. Imagine not just products from the small business owners, but the Big Box Stores as well. You can't sell it so you must toss it. Or be potentially sued for selling it. You can't even give them away. If you are caught, it is still a violation.

To the Second-Hand Shopper:
Due to the new law, you will now need to spend $20 for that brand new pair of jeans for your 2-year old, rather than shop at the Goodwill for second hand. Many resale shops are eliminating children's items all together to avoid future lawsuits.

To the Entrepreneur:
Due to this new law, you will be forced to adhere to strict testing of your unique products or discontinue to make and/or sell them. Small businesses will be likely to be unable to afford the cost of testing and be forced to close up shop. Due to the current economic state, you'll have to hope for the best when it comes to finding a new job in Corporate America.

To the Antique Toy Collector:
Due to the new law, you'd better start buying now because it's all going to private collection and will no longer be available to purchase. “Because the new rules apply retroactively, toys and clothes already on the shelf will have to be thrown out if they aren't certified as safe.” http://online.wsj.com/article/SB123189645948879745.html

To the American Economy:
Already struggling under an economy that hasn’t been this weak in decades, the American economy will be hit harder with the inevitable loss of jobs and revenues from suppliers, small businesses and consumers. The required testing is far too costly and restrictive for small businesses or individuals to undertake.

To the Global Economy:
Due to this new law, many foreign manufacturers have already pulled out of the US market. You can imagine the impact of this on their businesses.

Here is a recent article from Forbes
http://www.forbes.com/2009/01/16/cpsia-safety-toys-oped-cx_wo_0116olson.html

And for those of you prepared to be stupefied and boggled, The New Law
http://www.cpsc.gov/about/cpsia/cpsia.html

What can I do to help?
Call your Congressman (the time for letters and emails has passed), ask them to call for a hearing from the Energy and Commerce Committee to discuss this new law. Find out their position on this important issue. It has become a rather partisan issue, and that helps NO ONE. Encourage them to take a bipartisan look at the big picture here.

Tuesday, January 27, 2009

Thank you for your submissions!

I had a good response in the past couple hours to my call for contact information. I no longer need any more submissions at this time. I have sent along the information of everyone I've heard from. Thanks for your quick responses and willingess to speak to the media.

Want to talk to a reporter about CPSIA?

I just got off the phone with a reporter from a national media source. I'm not at liberty to say which one at this point. However, he is looking to speak with a few other people whose businesses are in jeopardy due to the CPSIA.

If you are interested in speaking to him, please send your full name, phone number, and website to me via email at buggalove@gmail.com. Please send a short blurb on how the CPSIA will affect your business and your family (i.e. will the income loss be hurtful?). Don't wait, if you're interested send me your information now! I promised him I'd be in touch shortly with interested parties.

Additionally, I'm still taking questions for my next article on CPSIA FAQs! Free free to submit them via email. Thanks so much for all the emails about how much you're enjoying my blog. I really appreciate hearing from you!

Monday, January 26, 2009

CPSIA FAQs - Volume 1

This is a call for questions: Please leave your question about CPSIA in the comments or send them via email to me at buggalove@gmail.com. I will be researching the answers and devoting posts to them. Some questions will be easier to answer than others. And for certain questions, I won’t be able to answer them at all becuase I'm not a lawyer, legislator, or compliance officer with the CPSC. But many people have been looking for a place to direct family and friends with simple language and answers to common questions. I hope to provide that.

What is the CPSIA?
CPSIA stands for the Consumer Product Safety Improvement Act. It lowers lead limits and details restrictions and bans on phthalates for children’s products. It was passed by Congress in August 2008 and signed into law by the President.

Who does the CPSIA affect?
Everyone. If you buy or sell any child’s product. This includes thrift stores, libraries, donations, small crafters, large businesses, etc. It is broad, sweeping legislation.

Who’s going to enforce this?
The Consumer Product Safety Commission (CPSC) is responsible for enforcement of the law.

How does this affect resale (Good Will, consignment shops, etc.)?
All items sold retail OR resale for children are mandated to comply with the new lead limits. So, children’s items at thrift stores and consignment shops are included.

Why does Snopes say this is an urban legend?
Because the CPSC released a statement detailing the following: “The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.”

Read that closely, they are not required to CERTIFY those products meet the lead limits. However, the statement a little further down reads: “… resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.”

So a seller of used goods doesn’t have to have a GCC (general conformity certificate) and they don’t’ need to do the lead testing, but they still have to comply with the new lead limits. Here is more on this subject.

http://buggalove.blogspot.com/2009/01/im-mommy-blogger.html
Source: http://cpsc.gov/cpscpub/prerel/prhtml09/09086.html

Who is a manufacturer?
Anyone who manufactures, produces, or assembles a children’s product is a manufacturer. That is a definition from the CPSC. Please see my blog post for more detail: http://buggalove.blogspot.com/2009/01/am-i-really-manufacturer.html

What is considered a children’s product?
I’m going to give you the short answer here: A consumer product designed or intended primarily for children 12 years of age or younger. But there are many things that are questionable in terms of whether or not they fall into the cateogry of children's product.

Please see my blog post for more detail:
http://buggalove.blogspot.com/2009/01/what-are-childrens-products.html


Please submit other questions! And look back in the BuggaBlog Archives for other important topics related to the CPSIA!

BuggaLove CPSIA Sale - Last week!

The BuggaLove CPSIA sale on creepers and Ts in my Etsy shop is coming to a close. It will be running it only until the end of January, so take advantage of this sale while you can. BuggaLove very, very rarely runs any type of sale!

It's Buy One, Get One Free on all Creepers and Ts
FREE Shipping - WorldWide!