In case you haven't heard, the company who is the very reason for the Consumer Product Safety Improvement Act has essentially been exempted from the third party testing. It leaves most of us who are desperately struggling to comply with this unwieldy law shaking our heads in despair.
Feel free to read up on this issue, there are many, many articles about it. Here are a select few:
Handmade Toy Alliance Press Release
Chicago Tribune
BuggaLove is still threatened with going out of business due to the third party testing issue come February 2010. Not because I don't want to have my products tested and certainly not because they won't pass the lead limits, but because the costs associated with this testing is astronomical. See my previous blog series: The Cost of Compliance with CPSIA - Volume 2.
Showing posts with label CPSIA. Show all posts
Showing posts with label CPSIA. Show all posts
Tuesday, September 1, 2009
Tuesday, July 21, 2009
CPSIA Labeling Guidance Issued
Today, two very important documents were released by the CPSC regarding CPSIA.
http://www.cpsc.gov/library/foia/ballot/ballot09/tracklabelpolicy.pdf
http://www.cpsc.gov/about/cpsia/sect103policy.pdf
As usual, I'm going to try to interpret these documents into lay terms. Please note, as always, this is only MY interpretation and I am not a lawyer. I'm just a person running a business selling children's products that is trying to read the law and comply to the best of my ability. See my first post on labeling requirements here: http://buggalove.blogspot.com/2009/06/labeling-requirements-for-cpsia.html
This guidance was much needed and for the micro-manufacturer/crafter I beleive it is very helpful to assist in determining the labeling requirements set forth in the CPSIA. I'm going to start with the policy itself.
Why do there need to be labels?
To establish a means for identifying the source of children’s products in order to improve the safety of such products. Discussing Section 103, the Report from the House Energy and Commerce Committee noted that it intended the Section to “aid in determining the origin of the product and the cause of recall”. If a manufacturer can identify the location, date of production, and such individualized information as the batch or run number, it can more readily isolate products that it or others may discover present a safety concern. Similarly, if a consumer can identify the manufacturer (or private labeler), location and date the product was made, and any more specific identifying information, he can more easily determine whether a product in the home is the subject of a safety recall. (pgs. 1-2)
What kind of a label must be used?
The policy is that it must be a permanent label. But it is specifically stated that "The statutory provision does not require a uniform one-size-fits-all system." That means there isn't a specific material, format, information that must be provided on the label. It is going to depend on YOUR type of business and your specific product. "At this point, the Commission is not imposing any such uniform requirements, but expects that manufacturers will use their best judgment to develop markings that best suit their business and product." (pg. 2)
When do I have to start labeling?
The labeling requirement begins for products manufactured on or after August 14, 2009. This is not a retroactive requirement, you don't have to pull the products you made before this date.
What must be labeled?
All children's products. Here is my blog on "What are Children's Products" http://buggalove.blogspot.com/2009/01/what-are-childrens-products.html
What does my label have to look like?
"Each manufacturer is ultimately responsible for making a reasonable judgment about what information can be marked on their product and packaging, given the character and type of their product and packaging, and what required information can be ascertainable, given the character and type of their business." (pg. 3)
Do I have to label my packaging?
"A mark on disposable packaging need only be permanent to the extent it is durable enough to reach the consumer. As such, an adhesive label on a piece of disposable packaging might be sufficient for a packaging mark. Further, if a mark is visible on the product through disposable packaging, there is no need for the mark to be on the packaging." (pg. 4)
Can I label ONLY my packaging and not the product itself?
"Some circumstances where the Commission considers that marking the product itself might not be practicable include (pgs 4-5):
(1) If a product is too small to be marked...
(2) If a toy is meant to be stored in a box or other packaging, such as games with boards
and small game pieces. There, the board and the box should be marked, but the
individual game pieces do not need to be. The Commission believes that this principle would similarly apply to arts and crafts kits for children. Again, only the storage box and one integral part of the kit needs to marked and not every item in the crafting kit. Where a number of small products such as marbles, buttons, beads, etc. are packaged together, the Commission believes that marking the package would be sufficient. For products that are meant to stay with or be contained in their original packaging, the packaging would be considered part of the “product.”
(3) If a product is sold through a bulk vending machine, the item does not need to be individually marked but the package or carton in which such products are shipped to the retailer should be marked.
(4) If a physical mark would weaken or damage the product or impair its utility.
(5) If a product surface would be impossible to mark permanently such as those made of elastics, beads, small pieces of fabric (such as jewelry, hair ornaments, etc.), or craft items like pipe stems, or natural rocks.
(6) If the aesthetics of the product would be ruined by a mark and a mark cannot be placed in an accessible but inconspicuous location.
What information is supposed to go on my label?
Manufacturer name, date, and location. If your product takes several days to make, you use the date that you finish/package your item. Location is city, state, and country. Small manufacturers/crafters do NOT need to include batch/lot or run numbers as these likely do not apply. "Section 103(a) does not require codes, formats or numbering systems. A manufacturer may choose to employ a code or numbering system provided the required information remains ascertainable by the consumer." (pg.s 4-6)
The above is the most important information for me in my situation. I recommend reading the entire 6 pg. policy document as there many be information more pertinent that I have not included in this summary. Please note, these are not the official FAQs from the CPSC. They are simply MY summary of the policy. You can find the official FAQs here: http://www.cpsc.gov/about/cpsia/faq/103faq.html#103q8
As for the voting member statements, here are the best quotes I found:
"...the Commission does not intend to penalize manufacturers for inadvertant violations of the statute when they have made a good faith effort in attempting to comply with the tracking label requirements." --Inez Tenenbaum
"...the Commission agrees that small volume manufacturers or crafters need not create a labeling system incorporating the use of lot, batch, or run numbers so long as such manufacturers can keep adequate records of the components used in their products"-- Inez Tenenbaum
"The Commission will shortly be posting answers to additional Frequently Asked Questions (FAQs) about the marking required by this section." --Thomas Moore
"It is important to note that the guidance issued today probably will not be the last word on this important issue. We realize that all the issues presented by Section 103(a) cannot be addressed by this document...I emphasize that the agency initially will be looking for 'good faith' compliance in the context of a recall." -- Nancy Nord
I hope you've found this blog post helpful in keeping abreast of the latest in CPSIA news. Hope you're all having a good day and good luck in implementing this provision! I know that this guidance has now provided me with enough information to move forward with labeling ideas for my products.
http://www.cpsc.gov/library/foia/ballot/ballot09/tracklabelpolicy.pdf
http://www.cpsc.gov/about/cpsia/sect103policy.pdf
As usual, I'm going to try to interpret these documents into lay terms. Please note, as always, this is only MY interpretation and I am not a lawyer. I'm just a person running a business selling children's products that is trying to read the law and comply to the best of my ability. See my first post on labeling requirements here: http://buggalove.blogspot.com/2009/06/labeling-requirements-for-cpsia.html
This guidance was much needed and for the micro-manufacturer/crafter I beleive it is very helpful to assist in determining the labeling requirements set forth in the CPSIA. I'm going to start with the policy itself.
Why do there need to be labels?
To establish a means for identifying the source of children’s products in order to improve the safety of such products. Discussing Section 103, the Report from the House Energy and Commerce Committee noted that it intended the Section to “aid in determining the origin of the product and the cause of recall”. If a manufacturer can identify the location, date of production, and such individualized information as the batch or run number, it can more readily isolate products that it or others may discover present a safety concern. Similarly, if a consumer can identify the manufacturer (or private labeler), location and date the product was made, and any more specific identifying information, he can more easily determine whether a product in the home is the subject of a safety recall. (pgs. 1-2)
What kind of a label must be used?
The policy is that it must be a permanent label. But it is specifically stated that "The statutory provision does not require a uniform one-size-fits-all system." That means there isn't a specific material, format, information that must be provided on the label. It is going to depend on YOUR type of business and your specific product. "At this point, the Commission is not imposing any such uniform requirements, but expects that manufacturers will use their best judgment to develop markings that best suit their business and product." (pg. 2)
When do I have to start labeling?
The labeling requirement begins for products manufactured on or after August 14, 2009. This is not a retroactive requirement, you don't have to pull the products you made before this date.
What must be labeled?
All children's products. Here is my blog on "What are Children's Products" http://buggalove.blogspot.com/2009/01/what-are-childrens-products.html
What does my label have to look like?
"Each manufacturer is ultimately responsible for making a reasonable judgment about what information can be marked on their product and packaging, given the character and type of their product and packaging, and what required information can be ascertainable, given the character and type of their business." (pg. 3)
Do I have to label my packaging?
"A mark on disposable packaging need only be permanent to the extent it is durable enough to reach the consumer. As such, an adhesive label on a piece of disposable packaging might be sufficient for a packaging mark. Further, if a mark is visible on the product through disposable packaging, there is no need for the mark to be on the packaging." (pg. 4)
Can I label ONLY my packaging and not the product itself?
"Some circumstances where the Commission considers that marking the product itself might not be practicable include (pgs 4-5):
(1) If a product is too small to be marked...
(2) If a toy is meant to be stored in a box or other packaging, such as games with boards
and small game pieces. There, the board and the box should be marked, but the
individual game pieces do not need to be. The Commission believes that this principle would similarly apply to arts and crafts kits for children. Again, only the storage box and one integral part of the kit needs to marked and not every item in the crafting kit. Where a number of small products such as marbles, buttons, beads, etc. are packaged together, the Commission believes that marking the package would be sufficient. For products that are meant to stay with or be contained in their original packaging, the packaging would be considered part of the “product.”
(3) If a product is sold through a bulk vending machine, the item does not need to be individually marked but the package or carton in which such products are shipped to the retailer should be marked.
(4) If a physical mark would weaken or damage the product or impair its utility.
(5) If a product surface would be impossible to mark permanently such as those made of elastics, beads, small pieces of fabric (such as jewelry, hair ornaments, etc.), or craft items like pipe stems, or natural rocks.
(6) If the aesthetics of the product would be ruined by a mark and a mark cannot be placed in an accessible but inconspicuous location.
What information is supposed to go on my label?
Manufacturer name, date, and location. If your product takes several days to make, you use the date that you finish/package your item. Location is city, state, and country. Small manufacturers/crafters do NOT need to include batch/lot or run numbers as these likely do not apply. "Section 103(a) does not require codes, formats or numbering systems. A manufacturer may choose to employ a code or numbering system provided the required information remains ascertainable by the consumer." (pg.s 4-6)
The above is the most important information for me in my situation. I recommend reading the entire 6 pg. policy document as there many be information more pertinent that I have not included in this summary. Please note, these are not the official FAQs from the CPSC. They are simply MY summary of the policy. You can find the official FAQs here: http://www.cpsc.gov/about/cpsia/faq/103faq.html#103q8
As for the voting member statements, here are the best quotes I found:
"...the Commission does not intend to penalize manufacturers for inadvertant violations of the statute when they have made a good faith effort in attempting to comply with the tracking label requirements." --Inez Tenenbaum
"...the Commission agrees that small volume manufacturers or crafters need not create a labeling system incorporating the use of lot, batch, or run numbers so long as such manufacturers can keep adequate records of the components used in their products"-- Inez Tenenbaum
"The Commission will shortly be posting answers to additional Frequently Asked Questions (FAQs) about the marking required by this section." --Thomas Moore
"It is important to note that the guidance issued today probably will not be the last word on this important issue. We realize that all the issues presented by Section 103(a) cannot be addressed by this document...I emphasize that the agency initially will be looking for 'good faith' compliance in the context of a recall." -- Nancy Nord
I hope you've found this blog post helpful in keeping abreast of the latest in CPSIA news. Hope you're all having a good day and good luck in implementing this provision! I know that this guidance has now provided me with enough information to move forward with labeling ideas for my products.
Tuesday, July 14, 2009
CPSIA Webinar
On July 1, I sat in on a Webinar that had a good bit of information about CPSIA. I received the link to the webinar while I was on vacation. I'm sorry for the delay in presenting it but without further ado:
https://sgsevents.webex.com/sgsevents/lsr.php?AT=pb&SP=EC&rID=1428737&rKey=5adc482f6420ebff
Don't want to listen for an hour? Let me sum it up for you:
Listen to the introduction. It's important to know WHO you are listening to in order for you to gauge for yourself if you feel these folks are reliable. Personally, I think they are. The first part of the presentation is definitely worth listening to. It provides good information about the labeling requirements that are impending. The introduction and labeling requirement presentation is the first 12.5 minutes of the presentation.
Second part of the presentation deals with composite testing. Very interesting I found it relevant to me. It talks about how testing happens in addition to other things. This is the next 27 minutes (give or take) of the presentation. Toward the end of this section of the presention I found there was a lot of information not relevant to me.
The next part of the presentation deals with what we can expect in terms of enforcement. It's all speculation. And while I found it interesting and enjoyed the perspectives given, it's really not possible to know. So, if you're short on time, this might be a section to skip. This section runs about 10 minutes.
The next part of the presentation deals with BPA. As a parent, I found this interesting given all the information about BPA in bottles and other baby products over the past 3 years that has come out but it is not relevant to my business. So if you are listening to this purely for your business, you might be able to skip this section.
There was a brief question and answer period at the end (starting at about 46 minutes). I would listen to that just for your own general knowledge. Some of the questions are great and I found some of them relevant to me.
https://sgsevents.webex.com/sgsevents/lsr.php?AT=pb&SP=EC&rID=1428737&rKey=5adc482f6420ebff
Don't want to listen for an hour? Let me sum it up for you:
Listen to the introduction. It's important to know WHO you are listening to in order for you to gauge for yourself if you feel these folks are reliable. Personally, I think they are. The first part of the presentation is definitely worth listening to. It provides good information about the labeling requirements that are impending. The introduction and labeling requirement presentation is the first 12.5 minutes of the presentation.
Second part of the presentation deals with composite testing. Very interesting I found it relevant to me. It talks about how testing happens in addition to other things. This is the next 27 minutes (give or take) of the presentation. Toward the end of this section of the presention I found there was a lot of information not relevant to me.
The next part of the presentation deals with what we can expect in terms of enforcement. It's all speculation. And while I found it interesting and enjoyed the perspectives given, it's really not possible to know. So, if you're short on time, this might be a section to skip. This section runs about 10 minutes.
The next part of the presentation deals with BPA. As a parent, I found this interesting given all the information about BPA in bottles and other baby products over the past 3 years that has come out but it is not relevant to my business. So if you are listening to this purely for your business, you might be able to skip this section.
There was a brief question and answer period at the end (starting at about 46 minutes). I would listen to that just for your own general knowledge. Some of the questions are great and I found some of them relevant to me.
Saturday, June 27, 2009
Labeling Requirements for CPSIA
As the labeling requirement deadline approaches in August, many children’s product makers have been questioning whether or not they have to label their product. And many are confusing the testing issue with the labeling issue. I hope this will clarify a few points.
Does my product have to be labeled?
Your children’s product must be labeled. See my blog post on What Are Children’s Products here. Labeling issues and testing issues are separate. The label does not indicate that the product has been tested using the guidelines set forth by the CPSC in the CPSIA. The label is essentially a tracking device so that the consumer can identify where the product came from and when appropriate, the CPSC can issue recalls for those products.
Please note, that textiles have additional requirements for labeling. These requirements have been in place for years under the Textile and Wool Acts, long before CPSIA. Here is a link to the FTC website regarding labeling for textiles: http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm
A good resource regarding textiles is the Fashion Incubator. Good information regarding labeling requirements for garments can be found there.
Can I attach a hang tag as a label?
No, permanent labels are required under CPSIA. Unfortunately, a sticker or hangtag is not acceptable.
What goes on my label?
According to what the CPSC has set forth currently, “The tracking label must contain certain basic information, including the source of the product, the date of manufacture and more detailed information on the manufacturing process such as a batch or run number. The scope of this provision is quite broad in that it applies to all children’s products, including, but not limited to, items such as clothing or shoes not just toys and other regulated products. Congress modified the requirement for tracking labels with the phrase “to the extent practicable” recognizing that it may not be practical for permanent distinguishing marks to be printed on small toys and other small products that are manufactured and shipped without individual packaging.”
The quoted information comes directly from the CPSC website. More specific labeling guidelines have not yet been issued by the CPSC. Though I hope they are to come as they are sorely needed. Here is the FAQ from the CPSC on tracking labels: http://www.cpsc.gov/about/cpsia/faq/faq.html#sect103
Are labeling requirements retroactive?
No. As it stands right now, you only have to label your products manufactured on or after August 14, 2009. I don’t take much comfort in this due to what was seen previously when the phthalate testing deadline came to pass. Previously it was also ruled that phthalate testing would not be retroactive. In the eleventh hour, this ruling was overturned in court. So I continue to remind myself that although it is not retro-active at this time, this may change.
Does my product have to be labeled?
Your children’s product must be labeled. See my blog post on What Are Children’s Products here. Labeling issues and testing issues are separate. The label does not indicate that the product has been tested using the guidelines set forth by the CPSC in the CPSIA. The label is essentially a tracking device so that the consumer can identify where the product came from and when appropriate, the CPSC can issue recalls for those products.
Please note, that textiles have additional requirements for labeling. These requirements have been in place for years under the Textile and Wool Acts, long before CPSIA. Here is a link to the FTC website regarding labeling for textiles: http://www.ftc.gov/bcp/edu/pubs/business/textile/bus21.shtm
A good resource regarding textiles is the Fashion Incubator. Good information regarding labeling requirements for garments can be found there.
Can I attach a hang tag as a label?
No, permanent labels are required under CPSIA. Unfortunately, a sticker or hangtag is not acceptable.
What goes on my label?
According to what the CPSC has set forth currently, “The tracking label must contain certain basic information, including the source of the product, the date of manufacture and more detailed information on the manufacturing process such as a batch or run number. The scope of this provision is quite broad in that it applies to all children’s products, including, but not limited to, items such as clothing or shoes not just toys and other regulated products. Congress modified the requirement for tracking labels with the phrase “to the extent practicable” recognizing that it may not be practical for permanent distinguishing marks to be printed on small toys and other small products that are manufactured and shipped without individual packaging.”
The quoted information comes directly from the CPSC website. More specific labeling guidelines have not yet been issued by the CPSC. Though I hope they are to come as they are sorely needed. Here is the FAQ from the CPSC on tracking labels: http://www.cpsc.gov/about/cpsia/faq/faq.html#sect103
Are labeling requirements retroactive?
No. As it stands right now, you only have to label your products manufactured on or after August 14, 2009. I don’t take much comfort in this due to what was seen previously when the phthalate testing deadline came to pass. Previously it was also ruled that phthalate testing would not be retroactive. In the eleventh hour, this ruling was overturned in court. So I continue to remind myself that although it is not retro-active at this time, this may change.
Thursday, March 5, 2009
Gymboree takes a hit due to CPSIA
I am a HUGE fan of Gymboree. They have excellent quality clothes and although the prices can be steep, I'm always scoping out the best deals and hitting the Gymboree outlet store near me which has made them affordable.
Sadly, Gymboree has been affected by CPSIA. The best post I've seen yet on this is on Rick Woldenberg's blog here:
http://learningresourcesinc.blogspot.com/2009/03/cpsia-body-count-rises.html
By the way, if you haven't read Rick's blog before it is a wealth of good information. I highly suggest reading it regularly.
For my son, I bought things from Gymboree up to 2 years in advance for him when I could get great deals on sale. He won't fit into these clothes for at least another year (he's 6 months old now). All of a sudden these SAME clothes, made of the SAME materials are deemed unsafe by CPSIA. I will most certainly not be throwing all these clothes out. Who can afford to do that? And my kids aren't any less safe for wearing Gymboree.
I am so disgusted with CPSIA.
One other thing that has been weighing on me. For all of you who are still sending letters, PLEASE check your spelling and grammar. It might just be my own personal pet peeve, but so many people offer the letter they've written for others to use. Some of these letters are full of spelling errors and grammatical mistakes. Please correct these errors before you send them out. And do not use abbreviations like SAHM. People who are not as involved in the online world do not know what a SAHM is! Write it out. Also, so many people have complained about receiving a form letter from their representative. Why would you send a form letter if you don't like getting one in return? This makes no sense to me. Keep fighting the good fight. It's amazing how fast a year goes, we don't really have that much time.
Sadly, Gymboree has been affected by CPSIA. The best post I've seen yet on this is on Rick Woldenberg's blog here:
http://learningresourcesinc.blogspot.com/2009/03/cpsia-body-count-rises.html
By the way, if you haven't read Rick's blog before it is a wealth of good information. I highly suggest reading it regularly.
For my son, I bought things from Gymboree up to 2 years in advance for him when I could get great deals on sale. He won't fit into these clothes for at least another year (he's 6 months old now). All of a sudden these SAME clothes, made of the SAME materials are deemed unsafe by CPSIA. I will most certainly not be throwing all these clothes out. Who can afford to do that? And my kids aren't any less safe for wearing Gymboree.
I am so disgusted with CPSIA.
One other thing that has been weighing on me. For all of you who are still sending letters, PLEASE check your spelling and grammar. It might just be my own personal pet peeve, but so many people offer the letter they've written for others to use. Some of these letters are full of spelling errors and grammatical mistakes. Please correct these errors before you send them out. And do not use abbreviations like SAHM. People who are not as involved in the online world do not know what a SAHM is! Write it out. Also, so many people have complained about receiving a form letter from their representative. Why would you send a form letter if you don't like getting one in return? This makes no sense to me. Keep fighting the good fight. It's amazing how fast a year goes, we don't really have that much time.
Tuesday, February 10, 2009
CPSC releases guidance for Crafters
Well, it's about time! Never mind the fact that the law goes into affect TODAY. I guess we should be happy that it's better late than never.
Here's a link to the document itself. Read it. Seriously. I know I'm gonna break it down a little for you, but you really should read it yourself. http://cpsc.gov/about/cpsia/smbus/cpsiasbguide.html
Questions 1 and 2: Who is a manufacturer? And Am I Affected?
Please read my previous blog post for these answers.
Question 3: What is a children's product?
Again, I addressed this several weeks ago, read my blog on it.
Question 4: Do all children's products require testing? What requirements do I need to meet?
There is an easy to read table on pg. 4 of their document. Review it carefully. At the bottom of pg. 4 there is reference to the Stay of Enforcement in terms of the GCC (general conformity certificate) requirement. You can read more about GCCs here on my blog
Question 5: For testing and certification of children’s products that are required now (for example, lead paint and small parts), what do I need to do?
It states that XRF testing can be used for total lead content and lead paint. Previously I understood that lead paint was required to undergo the mandatory 3rd party testing. The statement isn't all that clear, it can be used but not as a replacement?
Here's the actual statement, "For lead paint and lead content, an X‐Ray Fluorescence (XRF) machine (used by a trained, qualified person) is a possible method to determine if a component has lead, but note that XRF is not a replacement for a third–party test. " (pg.5)
You can note my choice of trained, qualified person is the company Essco Safety Check, you can see my experience with them in this blog post.
Question 6: If I make multiple units of the same thing, do I have to have every single product tested?
Simple answer: No. But if you change your design or materials, then maybe. This is not good news for the OOAK folks. More clarification may be needed on this point from the CPSC for some. But based on my reading, I beleive I have a good grasp of the spirit and intention of this statement and feel that I can appropriately apply it to my items.
Question 7: When testing and certification are not yet required (for example, lead content and phthalates), what do I need to do?
Again, reference is made to the Stay of Enforcement indicating testing and certification are not necessary until 2/10/10. But you are encouraged to "get to know your product". This can include learning about your components through your suppliers (MSDS sheets) and XRF testing.
Question 8: Are there exemptions/exclusions to meeting the lead content limits?
They're working on it. These are the natural materials exemptions that are not yet finalized but have been on the table for some time now.
-Precious gemstones: diamond, ruby, sapphire or emeralds
-Semiprecious stones provided that the mineral or material is not based on lead and is not associated with any mineral based on ead
-Natural or cultured pearls
-Wood
-Other natural materials including coral, amber, feathers, fur, and untreated leather
-Surgical steel
-Gold, of at least 10 karats
-Silver, at least 925/1000 pure
-Platinum, palladium, rhodium, osmium, iridium, and ruthenium
-Yarn, dyed or undyed
-Dyed or undyed textiles (cotton, wool, hemp, nylon, etc.), including children’s fabric products, such as baby blankets, and non‐metallic thread and trim. This does not include products that have rhinestones or other ornaments that may contain lead or that have fasteners with possble lead content (such as buttons, metal snaps, zippers or grommets).
-Children’s books printed after 1985 that are conventionally printed and intended to be read, as opposed to used for play
-Certain educational materials, such as chemistry sets
Question 9: What do I do if I learn that one of the products I make or sell does not comply with the lead limits, phthalate limits or toy standards?
Tell the CPSC immediately.
Questions 10-12: Phthalates
I have avoided phthalates on my blog for the most part. And this one won't be any different. I'll be doing a blog post on phthalates in the near future, so I'm not going to address it now.
Question 13: Donations
They're just like everything else. If you are using one of the exempted materials, you don't have to test it. If you're not, you do.
Questions 14-17: Resale and Vintage
Resale has gotten a LOT of attention. This document is consistant with the guidance provided previously as well as reiterating the exemption from testing and certification for resale shops.
Questions 18-19: Bikes and Enforcement stuff
I'm skipping these questions too, they're clear enough I think.
One really important thing, I've been seeing a few comments saying, "but they didn't address this or that". There is simply no way they can address every possible product on the planet individually. That is an unreasonable expectation. You will have to use your own common sense and deductive reasoning to apply these guidelines to your business and to your product lines. With some exception, I beleive there is enough information here about the testing for most people to be able to determine what is expected of them at this point.
We should all still be working toward changes to the law. Next year on this date, many people will still be forced otu of business if the testing requirements are not amended.
Here's a link to the document itself. Read it. Seriously. I know I'm gonna break it down a little for you, but you really should read it yourself. http://cpsc.gov/about/cpsia/smbus/cpsiasbguide.html
Questions 1 and 2: Who is a manufacturer? And Am I Affected?
Please read my previous blog post for these answers.
Question 3: What is a children's product?
Again, I addressed this several weeks ago, read my blog on it.
Question 4: Do all children's products require testing? What requirements do I need to meet?
There is an easy to read table on pg. 4 of their document. Review it carefully. At the bottom of pg. 4 there is reference to the Stay of Enforcement in terms of the GCC (general conformity certificate) requirement. You can read more about GCCs here on my blog
Question 5: For testing and certification of children’s products that are required now (for example, lead paint and small parts), what do I need to do?
It states that XRF testing can be used for total lead content and lead paint. Previously I understood that lead paint was required to undergo the mandatory 3rd party testing. The statement isn't all that clear, it can be used but not as a replacement?
Here's the actual statement, "For lead paint and lead content, an X‐Ray Fluorescence (XRF) machine (used by a trained, qualified person) is a possible method to determine if a component has lead, but note that XRF is not a replacement for a third–party test. " (pg.5)
You can note my choice of trained, qualified person is the company Essco Safety Check, you can see my experience with them in this blog post.
Question 6: If I make multiple units of the same thing, do I have to have every single product tested?
Simple answer: No. But if you change your design or materials, then maybe. This is not good news for the OOAK folks. More clarification may be needed on this point from the CPSC for some. But based on my reading, I beleive I have a good grasp of the spirit and intention of this statement and feel that I can appropriately apply it to my items.
Question 7: When testing and certification are not yet required (for example, lead content and phthalates), what do I need to do?
Again, reference is made to the Stay of Enforcement indicating testing and certification are not necessary until 2/10/10. But you are encouraged to "get to know your product". This can include learning about your components through your suppliers (MSDS sheets) and XRF testing.
Question 8: Are there exemptions/exclusions to meeting the lead content limits?
They're working on it. These are the natural materials exemptions that are not yet finalized but have been on the table for some time now.
-Precious gemstones: diamond, ruby, sapphire or emeralds
-Semiprecious stones provided that the mineral or material is not based on lead and is not associated with any mineral based on ead
-Natural or cultured pearls
-Wood
-Other natural materials including coral, amber, feathers, fur, and untreated leather
-Surgical steel
-Gold, of at least 10 karats
-Silver, at least 925/1000 pure
-Platinum, palladium, rhodium, osmium, iridium, and ruthenium
-Yarn, dyed or undyed
-Dyed or undyed textiles (cotton, wool, hemp, nylon, etc.), including children’s fabric products, such as baby blankets, and non‐metallic thread and trim. This does not include products that have rhinestones or other ornaments that may contain lead or that have fasteners with possble lead content (such as buttons, metal snaps, zippers or grommets).
-Children’s books printed after 1985 that are conventionally printed and intended to be read, as opposed to used for play
-Certain educational materials, such as chemistry sets
Question 9: What do I do if I learn that one of the products I make or sell does not comply with the lead limits, phthalate limits or toy standards?
Tell the CPSC immediately.
Questions 10-12: Phthalates
I have avoided phthalates on my blog for the most part. And this one won't be any different. I'll be doing a blog post on phthalates in the near future, so I'm not going to address it now.
Question 13: Donations
They're just like everything else. If you are using one of the exempted materials, you don't have to test it. If you're not, you do.
Questions 14-17: Resale and Vintage
Resale has gotten a LOT of attention. This document is consistant with the guidance provided previously as well as reiterating the exemption from testing and certification for resale shops.
Questions 18-19: Bikes and Enforcement stuff
I'm skipping these questions too, they're clear enough I think.
One really important thing, I've been seeing a few comments saying, "but they didn't address this or that". There is simply no way they can address every possible product on the planet individually. That is an unreasonable expectation. You will have to use your own common sense and deductive reasoning to apply these guidelines to your business and to your product lines. With some exception, I beleive there is enough information here about the testing for most people to be able to determine what is expected of them at this point.
We should all still be working toward changes to the law. Next year on this date, many people will still be forced otu of business if the testing requirements are not amended.
If you read my blog today, you qualify for a discount on any pre-made mobile in my Etsy Shop. In honor of this February 10, 2009, a significant date in CPSIA history, you can get 20% off the purchase price (not including shipping) on any mobile that is ready to be shipped. Just write "I Read the BuggaBlog" in the "message to seller" and I will refund your 20% promptly through Paypal. Offer only good on February 10th, 2009.
Wednesday, February 4, 2009
We're in the Fire Swamp
This is the best description of the stay I’ve seen. And it should answer many of the questions people have about it.
http://www.klgates.com/newsstand/Detail.aspx?publication=5267
There are people working to overturn the stay and remove Nancy Nord from her position at the Comission. Many of these are consumer groups, but the Energy and Commerce Committee also is working toward this goal. Letters between Energy and Commerce Committee chairs and Commission officials are flying. I am not sure the stay will actually stand. A letter was written from the Committee to President Obama, and from reading that letter I certainly hope that is not the only point of view President Obama hears. I hope that the promises made by Change.org are fulfilled to give the president a more balanced view of the issues and consequences of CPSIA. Or that he seeks some other perspective besides the Committee’s in order to make decisions.
We are still in the middle of the Fire Swamp. We’re learning a lot about the terrors of the Fire Swamp and we have definite confirmation that the R.O.U.S.s (Rodents of Unusual Size) exist.
What you could be doing to help:
Contact your Senators and ask them to support the DeMint bill
Work on securing information about your supplies and/or move forward with a reasonable testing program in case the stay is overturned
http://www.klgates.com/newsstand/Detail.aspx?publication=5267
There are people working to overturn the stay and remove Nancy Nord from her position at the Comission. Many of these are consumer groups, but the Energy and Commerce Committee also is working toward this goal. Letters between Energy and Commerce Committee chairs and Commission officials are flying. I am not sure the stay will actually stand. A letter was written from the Committee to President Obama, and from reading that letter I certainly hope that is not the only point of view President Obama hears. I hope that the promises made by Change.org are fulfilled to give the president a more balanced view of the issues and consequences of CPSIA. Or that he seeks some other perspective besides the Committee’s in order to make decisions.
We are still in the middle of the Fire Swamp. We’re learning a lot about the terrors of the Fire Swamp and we have definite confirmation that the R.O.U.S.s (Rodents of Unusual Size) exist.
What you could be doing to help:
Contact your Senators and ask them to support the DeMint bill
Work on securing information about your supplies and/or move forward with a reasonable testing program in case the stay is overturned
Tuesday, February 3, 2009
Senator DeMint works for change to the CPSIA
Senator DeMint is proposing some legislation to change CPSIA.
You can read about it here…
http://demint.senate.gov/public/index.cfm?FuseAction=JimsJournal.Detail&Blog_ID=295d58b2-b6fe-c446-1432-24b6199424ed
Overall, I agree with many of his points and don’t think that these changes will negatively affect our children’s safety in any way, contrary to the opinion that the consumer safety advocates of the CPSIA might have you believe. However, I don’t think this list is all inclusive of what the amendments should hold.
One big thing that I believe to be missing in our conversations about CPSIA is an alternative to the third party lab testing that will be required by CPSIA. Why aren’t more people asking about alternative testing processes? The only alternative I’ve seen mentioned is XRF testing. Is that really the only other testing method that exists? Why isn’t it acceptable to the CPSC for testing for lead in paint on toys while it is perfectly acceptable technology for testing for lead in paint in homes? When will a scientific study be conducted regarding the correlation between lead readings found by XRF and the lead reading found in the same object tested via a digestive testing method? With all the technology available today, one would think that there would be more than one way to obtain this testing. For phthalates too, is there another way? We know XRF doesn't test for phthalates, but other than destructive testing, what other ways are there? My limited search for answers on these questions has not been successful.
Another important thing that I really want addressed, which essentially is mentioned in Senator DeMint’s proposal when he talks about using manufacturer’s certifications, is that the materials used by the home based business (like mine) are likely to be different than the materials used to make a mass produced item. For example, I use a non-toxic, water based, acrylic craft paint that is made in the USA for my painted items. It contains no lead, and the plant in which it was made uses no lead-containing chemicals. It is highly unlikely that the paint found on a mass produced toy is the same type of paint. Lumping all painted items into one pile for a testing requirement presents a significant problem.
It also begs the question about art supplies. How is it that one could purchase these paints at any craft store and use them with their children, and yet use of them to sell suddenly results in the need for lead testing. Schools are using these types of supplies in art classes. They have been considered safe for years. How many stories have you heard about kids eating paste in Kindergarten? (Maybe you were that kid?) Those stories don’t end in tragedy. Art supplies have their own labeling requirements. Those should be proof enough regarding the contents of a supply, regardless of whether it is to be for personal use or to create handcrafted items for sale.
You can read about it here…
http://demint.senate.gov/public/index.cfm?FuseAction=JimsJournal.Detail&Blog_ID=295d58b2-b6fe-c446-1432-24b6199424ed
Overall, I agree with many of his points and don’t think that these changes will negatively affect our children’s safety in any way, contrary to the opinion that the consumer safety advocates of the CPSIA might have you believe. However, I don’t think this list is all inclusive of what the amendments should hold.
One big thing that I believe to be missing in our conversations about CPSIA is an alternative to the third party lab testing that will be required by CPSIA. Why aren’t more people asking about alternative testing processes? The only alternative I’ve seen mentioned is XRF testing. Is that really the only other testing method that exists? Why isn’t it acceptable to the CPSC for testing for lead in paint on toys while it is perfectly acceptable technology for testing for lead in paint in homes? When will a scientific study be conducted regarding the correlation between lead readings found by XRF and the lead reading found in the same object tested via a digestive testing method? With all the technology available today, one would think that there would be more than one way to obtain this testing. For phthalates too, is there another way? We know XRF doesn't test for phthalates, but other than destructive testing, what other ways are there? My limited search for answers on these questions has not been successful.
Another important thing that I really want addressed, which essentially is mentioned in Senator DeMint’s proposal when he talks about using manufacturer’s certifications, is that the materials used by the home based business (like mine) are likely to be different than the materials used to make a mass produced item. For example, I use a non-toxic, water based, acrylic craft paint that is made in the USA for my painted items. It contains no lead, and the plant in which it was made uses no lead-containing chemicals. It is highly unlikely that the paint found on a mass produced toy is the same type of paint. Lumping all painted items into one pile for a testing requirement presents a significant problem.
It also begs the question about art supplies. How is it that one could purchase these paints at any craft store and use them with their children, and yet use of them to sell suddenly results in the need for lead testing. Schools are using these types of supplies in art classes. They have been considered safe for years. How many stories have you heard about kids eating paste in Kindergarten? (Maybe you were that kid?) Those stories don’t end in tragedy. Art supplies have their own labeling requirements. Those should be proof enough regarding the contents of a supply, regardless of whether it is to be for personal use or to create handcrafted items for sale.
Monday, February 2, 2009
The CPSIA fight is not yet won
There was a collective sign of relief heard round the internet on Friday evening when the stay of enforcement was announced. "We were heard!", "We're saved", it was deemed a "Stay of Execution" of our businesses. The same language that was used to exempt the retail and thrift stores was used and they were not considered saved.
Still, the news is good. It will allow us to operate until next year without certifying or testing our items. I'm still glad I had my items XRF tested before the stay happened. Because I can say with the highest level of confidence that my items comply with the new lead limits. What this really means for us is that we have been given another year to work toward the changes that need to be made to CPSIA
Here's an article that I'm in, published today in the Wall Street Journal. http://online.wsj.com/article/SB123354219894838207.html?mod=todays_us_page_one
But good news can be short lived. We need to keep fighting for permanent change to be made to the law. If we sit on our laurels, a year will go by quickly and we will be in the same position a year from today as we were before the stay. We must continue to contact legislators.
Additionally, it is my understanding that calling the Committee of Commerce and Energy about this issue puts you into a voicemail box and that letters sent to the Committee chairs are being forwarded directly to your Congress person's office instead. These two things allow the Committee leaders to effectively ignore us in our insistance to be heard. We need to find more ways to get our message across. A government "for the people and by the people" should not be ignoring the people!
I think we should organize an enormous craft show/protest in Washington DC for all items affected by this issue. It would be a spectacular event, don't you think? Personally, I would donate a number of these "goody bags" for the first X number of people to come through the gates. Anyone feel like helping me organize this? We'll need a committee of experienced organizers, at least one of them in Washington, D.C in order to make this happen.
Senator Jim Demint is working toward legislative change. http://demint.senate.gov/public/index.cfm?FuseAction=JimsJournal.BlogHome. There are other people in Congress also working toward legislative changes.
Use this Stay as an additional call to action. If you haven't contacted your representative, do so TODAY! If you have contacted your representative, do so AGAIN! I say, the time for letters and emails has passed, call them. Get a personal contact in your representative's office and/or set up a meeting with your Congressperson. Find out very specifically where they stand on this issue and what they plan to do to help enact change to the law. Encourage bi-partisanship on this issue, separating into camps of Democrats and Republicans doesn't help anyone.
Happy Monday! And wishing you a good week!
Still, the news is good. It will allow us to operate until next year without certifying or testing our items. I'm still glad I had my items XRF tested before the stay happened. Because I can say with the highest level of confidence that my items comply with the new lead limits. What this really means for us is that we have been given another year to work toward the changes that need to be made to CPSIA
Here's an article that I'm in, published today in the Wall Street Journal. http://online.wsj.com/article/SB123354219894838207.html?mod=todays_us_page_one
But good news can be short lived. We need to keep fighting for permanent change to be made to the law. If we sit on our laurels, a year will go by quickly and we will be in the same position a year from today as we were before the stay. We must continue to contact legislators.
Additionally, it is my understanding that calling the Committee of Commerce and Energy about this issue puts you into a voicemail box and that letters sent to the Committee chairs are being forwarded directly to your Congress person's office instead. These two things allow the Committee leaders to effectively ignore us in our insistance to be heard. We need to find more ways to get our message across. A government "for the people and by the people" should not be ignoring the people!
I think we should organize an enormous craft show/protest in Washington DC for all items affected by this issue. It would be a spectacular event, don't you think? Personally, I would donate a number of these "goody bags" for the first X number of people to come through the gates. Anyone feel like helping me organize this? We'll need a committee of experienced organizers, at least one of them in Washington, D.C in order to make this happen.
Senator Jim Demint is working toward legislative change. http://demint.senate.gov/public/index.cfm?FuseAction=JimsJournal.BlogHome. There are other people in Congress also working toward legislative changes.
Use this Stay as an additional call to action. If you haven't contacted your representative, do so TODAY! If you have contacted your representative, do so AGAIN! I say, the time for letters and emails has passed, call them. Get a personal contact in your representative's office and/or set up a meeting with your Congressperson. Find out very specifically where they stand on this issue and what they plan to do to help enact change to the law. Encourage bi-partisanship on this issue, separating into camps of Democrats and Republicans doesn't help anyone.
Happy Monday! And wishing you a good week!
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!
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.
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.
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!
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
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!
Friday, January 23, 2009
The Cost of Compliance - Volume 3 - Sending your items for XRF testing
Special Edition! Two posts in one day...OY! I just couldn't wait the whole weekend to post. Ok, I’ve been sitting on this information for a week, dying to share it with everyone. But whenever I endorse a company, I want to be sure that my endorsement is well deserved. So I waited to get my results back from my tests to ensure that I could really recommend this company. And I can recommend this company with no reservation.
The Breaking News! I have found an affordable place to get your items XRF tested. I sent them an email and heard back early the following morning from Seth Goldberg, President of the company. A few minutes later, I had him on the phone and we talked for nearly an hour. Since then, we’ve talked several more times at length. Essco Safety Check is a small business just like mine. As a result, Seth understands the implications of CPSIA on my business and he wants to help people like me. His service and accessibility have been beyond reproach. And to me, that type of personal service is really valuable. Not to mention he’s an expert in the field.
Essco Safety Check charges by the hour and they can do ~50 tests per hour. I sent in 200+ components for my items and will be charged only $500 for their services. While they charge by the hour, break that down and it was about $2.25 per item. Based on all the other quotes I’ve seen from various companies as well as renting my own XRF gun, this was definitely the most cost effective. And here’s what I got for my money:
1) ~225 items XRF tested
2) All the data from each test in excel format
3) A certificate for each test detailing a picture of the item, a graph of the contents, and a pass/fail reading (some other things are on there but these things were most relevant to me)
4) A CD with this company’s software detailing all the information needed for me to make my GCC (coming to me when he returns my items via snail mail)
5) Also, this company is working on a way to make data available in HTML so you can make it accessible on your website or potentially have your data hosted on theirs.
6) He will re-run the data based on the changing lead levels over time. In my case, 99% of my items tested 0 and the other 1% were less than 27ppm, so there would be no need to re-run as that is well below the eventual 90ppm limit that will be imposed. But that kind of follow up service may be very important to some people!
Essco Safety Check
2018 156th Ave NE
Suite 100, Building F
Bellevue, WA 98007
P: 425-749-4136
http://www.essco-safetycheck.com/
Seth Goldberg, President: seth@essco-safetycheck.com
How long did it take? I mailed my package to them on Tuesday. They received it Thursday (2 days from PA to WA using USPS...WOW!), and I had my results early evening on Friday. I’m not really sure you can get much better than that. And if you’re local and don’t want to send your stuff to him, Seth will come to you. After reading this, if you decide to contact Seth at Essco Safety Check, please tell him that Jessica from BuggaLove recommended him to you. It’s one way I have to show him how much I appreciated his service.
The Cost of Compliance with CPSIA - Volume 2
I know you were all expecting XRF Testing – Volume 2 today, and it is coming. I may be putting out another blog tonite or tomorrow. At the latest I expect you’ll have it Monday. But in the meantime, I got a little curious about all the quotes for the digestive lead testing that I was hearing. So I checked the CPSC website for accredited labs and I found one in Pennsylvania (because that’s the one closest to me) that I decided to call.
If you’re curious as to where to get the CPSC accredited lab list, here it is: http://www.cpsc.gov/cgi-bin/labapplist.aspx
Here’s the bottom line for digestive lead testing as it applies to me. I'm only doing the costs for my BuggaMobiles and my BuggApparel. Each component of my item will cost $60:
My line of BuggApparel, I specialize in designs on creepers:
Snaps - $60
Fabric - $60
Thread - $60
Labels - $120
Designs - $3000
Cost of Testing - $3300
Cost of Product to be tested - $300
Total cost to maintain my line of Creepers: $3800
And each time I ran out of any of my supplies, I would need to have the new batch of garments retested. So based on 2008 sales, this testing would net me a loss of $500-$1000 on my line of BuggApparel in 2009. I would have to price myself out of the market just to break even. I would potentially consider reducing my offerings in terms of designs, but that really stunts my creative process. I love coming up with new ideas for new designs. Additionally it would prohibit me from doing custom designs, which is a significant portion of my business.
Let’s talk about my mobiles. I have 13 different styles, 3 sizes, 20+ paint colors, 16 design schemes with over 100+ designs within them. For the purposes of this I have estimated some things or lowered my quantities, so the actual cost would be slightly higher than what this reflects.
BuggaMobiles:
Hoop - $180
Mobile Pieces – $6000
Fishing Line - $60
Paint - $1200
Designs - $6000
Cost of Testing – $13440
Cost of Product to be tested - $300
Total cost to maintain my BuggaMobiles: $13740
For those who are interested in which lab this was:
Chemical Solutions
Mechanicsburg, PA
http://www.chemicalsolutionsltd.com
(717)697-7536
And again, each time I run out of any component from the initial batch, I would need to retest those components. There is no reasonable way to absorb $13740 into my costs. That cost exceeds my total spending in all of 2007 AND 2008. I suppose I could look to limit my offerings significantly in order to bring costs down but part of the beauty of my work is that each one is unique, strung individually, made to order based on the colors my client wants, etc. That aspect, the creative aspect of my work, and the aspect I love most, would be destroyed.
So, I’m simply confirming what we all know to be true, the digestive testing for micro-manufacturers is simply prohibitive financially, among other things. On a positive note, this testing facility understood that I am a one-woman operation running a home-based business and was more than willing to do business with me. Please note this testing is for LEAD ONLY. Phthalate testing is not done by the lab I contacted. Based on these numbers, my business will not survive the next wave of deadlines in August 2009. BuggaLove has been given 8 months to live.
If you’re curious as to where to get the CPSC accredited lab list, here it is: http://www.cpsc.gov/cgi-bin/labapplist.aspx
Here’s the bottom line for digestive lead testing as it applies to me. I'm only doing the costs for my BuggaMobiles and my BuggApparel. Each component of my item will cost $60:
My line of BuggApparel, I specialize in designs on creepers:
Snaps - $60
Fabric - $60
Thread - $60
Labels - $120
Designs - $3000
Cost of Testing - $3300
Cost of Product to be tested - $300
Total cost to maintain my line of Creepers: $3800
And each time I ran out of any of my supplies, I would need to have the new batch of garments retested. So based on 2008 sales, this testing would net me a loss of $500-$1000 on my line of BuggApparel in 2009. I would have to price myself out of the market just to break even. I would potentially consider reducing my offerings in terms of designs, but that really stunts my creative process. I love coming up with new ideas for new designs. Additionally it would prohibit me from doing custom designs, which is a significant portion of my business.
Let’s talk about my mobiles. I have 13 different styles, 3 sizes, 20+ paint colors, 16 design schemes with over 100+ designs within them. For the purposes of this I have estimated some things or lowered my quantities, so the actual cost would be slightly higher than what this reflects.
BuggaMobiles:
Hoop - $180
Mobile Pieces – $6000
Fishing Line - $60
Paint - $1200
Designs - $6000
Cost of Testing – $13440
Cost of Product to be tested - $300
Total cost to maintain my BuggaMobiles: $13740
For those who are interested in which lab this was:
Chemical Solutions
Mechanicsburg, PA
http://www.chemicalsolutionsltd.com
(717)697-7536
And again, each time I run out of any component from the initial batch, I would need to retest those components. There is no reasonable way to absorb $13740 into my costs. That cost exceeds my total spending in all of 2007 AND 2008. I suppose I could look to limit my offerings significantly in order to bring costs down but part of the beauty of my work is that each one is unique, strung individually, made to order based on the colors my client wants, etc. That aspect, the creative aspect of my work, and the aspect I love most, would be destroyed.
So, I’m simply confirming what we all know to be true, the digestive testing for micro-manufacturers is simply prohibitive financially, among other things. On a positive note, this testing facility understood that I am a one-woman operation running a home-based business and was more than willing to do business with me. Please note this testing is for LEAD ONLY. Phthalate testing is not done by the lab I contacted. Based on these numbers, my business will not survive the next wave of deadlines in August 2009. BuggaLove has been given 8 months to live.
Thursday, January 22, 2009
The Cost of Compliance with CPSIA
I’ve been researching XRF testing for about 2 weeks. As many people are finding it to be the way they want to go to test items (at least until August). I looked into the DIY version. Of course, I DIY everything else! Why not this?? So here are some company names and rental rates.
Renting your XRF gun:
Here are 3 companies that will rent an XRF gun to you. All of these companies say that they’re easy, user-friendly machines. They’ll download your data into an excel document for you. Honestly, at first I thought this would definitely be the way to go. Until I saw how much it would cost me.
Innov-X Systems
100 Sylvan Rd., Suite 500
Woburn, MA 01801
Phone: (781) 938-5005 Ext. 309
My contact was Kyle and he sent me a document detailing the following rental costs:
Monthly Rental - $4,900.00
Weekly Rental - $1,900.00
Daily Rental Daily (2-day minimum) - $575.00
I never got the information about training from Kyle. Though it seemed as though there was some type of training involved.
Atlas Inspection Technologies
500 Elliot Ave W
Suite A
Seattle WA 98119
Office 800-281-0650 ext. 2424
My contact was Tyler. In his email to me, he stated, “As far as training goes, if you are in the US no training is necessary. We send the gun along with a good set of instructions and it is very easy to use.”
Daily Rental - $500/day
Weekly Rental - $2000/week.
Ajax Environmental and Safety Supply
2537 S. Gessner, Suite 238
Houston, TX 77063
Ph (713) 789-4149
My contact was Judd. I spoke with him on the phone and he emailed me the following rates:
$400 - day
$1,400 - week
$4,000 - month
Estimated shipping $235 (EACH WAY).
After contacting these 3 companies I determined that there was no way I could do this myself. It was simply financially prohibitive. If a company were to provide me training, I might be more inclined. But again for those enormous daily rates PLUS shipping costs for overnight shipping each way (it costs a lot of money to ship an item that costs $40K to replace!), I determined this was not a cost effective method of testing for me.
My next step was to a local company who tests for lead in the home. They had never heard of CPSIA. They said while they use an XRF gun it’s not the same type of gun I needed and therefore were really unable to give me a definitive test. They’d charge me $125 just to come visit my house and then up to $500 for half a day of testing. But since they didn’t have the proper equipment to give me a pass/fail based on the lead levels required by the CPSIA, I decided this was not the best way to spend my money. However, I’m sure there are local companies out there who are equipped to handle these types of requests. So it is definitely worth exploring in your area. One place you might call to find one is your pediatrician's office. Since they often deal with testing children for lead, they may have a suggestion for a company that typically tests your home.
At this point I determined that neither of these options, renting a gun or finding a local company was the right one for me. I was starting to lose hope that there was a viable, affordable XRF option. I also considered trying to arrange for a co-op of folks to rent a gun with and split the cost, but I was having some trouble getting traction in that arena as well. So I decided to explore my options in terms of where I could send my items to be tested.
Stay Tuned for XRF Testing – Volume 2 Sending your Items for Testing
Renting your XRF gun:
Here are 3 companies that will rent an XRF gun to you. All of these companies say that they’re easy, user-friendly machines. They’ll download your data into an excel document for you. Honestly, at first I thought this would definitely be the way to go. Until I saw how much it would cost me.
Innov-X Systems
100 Sylvan Rd., Suite 500
Woburn, MA 01801
Phone: (781) 938-5005 Ext. 309
My contact was Kyle and he sent me a document detailing the following rental costs:
Monthly Rental - $4,900.00
Weekly Rental - $1,900.00
Daily Rental Daily (2-day minimum) - $575.00
I never got the information about training from Kyle. Though it seemed as though there was some type of training involved.
Atlas Inspection Technologies
500 Elliot Ave W
Suite A
Seattle WA 98119
Office 800-281-0650 ext. 2424
My contact was Tyler. In his email to me, he stated, “As far as training goes, if you are in the US no training is necessary. We send the gun along with a good set of instructions and it is very easy to use.”
Daily Rental - $500/day
Weekly Rental - $2000/week.
Ajax Environmental and Safety Supply
2537 S. Gessner, Suite 238
Houston, TX 77063
Ph (713) 789-4149
My contact was Judd. I spoke with him on the phone and he emailed me the following rates:
$400 - day
$1,400 - week
$4,000 - month
Estimated shipping $235 (EACH WAY).
After contacting these 3 companies I determined that there was no way I could do this myself. It was simply financially prohibitive. If a company were to provide me training, I might be more inclined. But again for those enormous daily rates PLUS shipping costs for overnight shipping each way (it costs a lot of money to ship an item that costs $40K to replace!), I determined this was not a cost effective method of testing for me.
My next step was to a local company who tests for lead in the home. They had never heard of CPSIA. They said while they use an XRF gun it’s not the same type of gun I needed and therefore were really unable to give me a definitive test. They’d charge me $125 just to come visit my house and then up to $500 for half a day of testing. But since they didn’t have the proper equipment to give me a pass/fail based on the lead levels required by the CPSIA, I decided this was not the best way to spend my money. However, I’m sure there are local companies out there who are equipped to handle these types of requests. So it is definitely worth exploring in your area. One place you might call to find one is your pediatrician's office. Since they often deal with testing children for lead, they may have a suggestion for a company that typically tests your home.
At this point I determined that neither of these options, renting a gun or finding a local company was the right one for me. I was starting to lose hope that there was a viable, affordable XRF option. I also considered trying to arrange for a co-op of folks to rent a gun with and split the cost, but I was having some trouble getting traction in that arena as well. So I decided to explore my options in terms of where I could send my items to be tested.
Stay Tuned for XRF Testing – Volume 2 Sending your Items for Testing
Tuesday, January 20, 2009
7 Stages of Grief
Every day I scour the web and the CSPC website for new information about the CPSIA. And every day there’s some roller coaster ride of “good news” and “bad news” first saving my business from extinction and then destroying it and putting me out of business. I realize there are a lot of people who have been dealing with this issue much longer than I have. Since late November I’ve been reading, researching, placing calls, and discussing it with anyone who will listen on a daily basis. My part time home based business gets even less of my time and learning about CPSIA and lobbying for change has become almost a full time job.
I also went through the 7 stages of grief during this time. That must sound a little wonky but I bet if you search your feelings, you might find it to be true of you too. (That statement was very Star Wars Geek of me)
Stage 1 – Shock/Denial – “Naaaah, this can’t be true!” “That’s just crazy!” “What I’m reading has GOT to be wrong.”
Stage 2- Pain – The thought of losing the business I’ve been building over the past 2 years hurts me to the core. My items are part of who I am. Sometimes I am even sad when they sell because I really love them!
Stage 3- Anger – Anger at those who passed the law and anger at not being aware of it until it seemed too late to change anything.
Stage 4- Depression – Feeling a sense of impending doom as I prepare to liquidate inventory and go out of business.
Stage 5 - The Upward Turn -Slight hope as change starts to happen that maybe it will all be ok and I will be able to stay in business after all.
Stage 6 - Reconstruction and Working Through - Creating a business plan that I’m comfortable with that includes a reasonable testing program leaving me with a high level of confidence that my products comply with the lead laws, even if they don’t comply with the third party testing requirement.
Stage 7 - Acceptance and Hope - Becoming comfortable with my business plan and hope that things will change based on some of the statements and letters I’ve seen from the CPSC and legislators.
So, since I’ve reached the acceptance stage. I am going to cautiously move forward with my reasonable testing program and my business plan, which includes discontinuing a few things and expanding a few others. But first, I might take a few days to just decompress from this roller coaster. I will still likely report on things I find of interest regarding the CPSIA, but I’m going to work hard at making my blog a place for other BuggaLove news as well.
I also went through the 7 stages of grief during this time. That must sound a little wonky but I bet if you search your feelings, you might find it to be true of you too. (That statement was very Star Wars Geek of me)
Stage 1 – Shock/Denial – “Naaaah, this can’t be true!” “That’s just crazy!” “What I’m reading has GOT to be wrong.”
Stage 2- Pain – The thought of losing the business I’ve been building over the past 2 years hurts me to the core. My items are part of who I am. Sometimes I am even sad when they sell because I really love them!
Stage 3- Anger – Anger at those who passed the law and anger at not being aware of it until it seemed too late to change anything.
Stage 4- Depression – Feeling a sense of impending doom as I prepare to liquidate inventory and go out of business.
Stage 5 - The Upward Turn -Slight hope as change starts to happen that maybe it will all be ok and I will be able to stay in business after all.
Stage 6 - Reconstruction and Working Through - Creating a business plan that I’m comfortable with that includes a reasonable testing program leaving me with a high level of confidence that my products comply with the lead laws, even if they don’t comply with the third party testing requirement.
Stage 7 - Acceptance and Hope - Becoming comfortable with my business plan and hope that things will change based on some of the statements and letters I’ve seen from the CPSC and legislators.
So, since I’ve reached the acceptance stage. I am going to cautiously move forward with my reasonable testing program and my business plan, which includes discontinuing a few things and expanding a few others. But first, I might take a few days to just decompress from this roller coaster. I will still likely report on things I find of interest regarding the CPSIA, but I’m going to work hard at making my blog a place for other BuggaLove news as well.
Monday, January 19, 2009
My meeting with Congressman Dent
This past Friday I had the opportunity to meet with Congressman Dent. I found him to be very receptive to my concerns as a small business owner and truly interested in finding a reasonable solution to the unintended consequences of the CPSIA. And I believe after speaking with him that the affects we’re feeling truly were an unintended side effect. Earlier in the week he drafted a letter to the Energy and Commerce committee leaders. He recruited 5 other Pennsylvania Congressman to sign that letter. So even before meeting with him, I knew that he had been working toward learning more about CPSIA and the impact it was having on his constituents.
So, what did we talk about?
Truth be told, I did most of the talking. He was very interested in the fact that all of my supplies were purchased in the US. I mentioned that of the suppliers (most of them at this point) I’ve contacted, none of the supplies I use contain lead. I showed him a sampling of my products and detailed how each component was lead free.
We talked about the testing requirements, how it is physically impossible for me to comply and financially burdensome/impossible to comply with third party testing requirements. I talked about the end unit testing requirement vs. component testing and the effect of that on my made-to-order items. I mentioned XRF testing as a reasonable testing program instead and I gave him a contact who is an expert in XRF testing in case he had additional questions about it. I mentioned the labeling issue as well that will arise for me in August.
I discussed how the paint I use is acrylic, non-toxic, water based paint, made in the USA and is lead free. I let him know that as much as I want to comply with the law, I am unable to and this will result in my business closing down as of August. I mentioned I’d be using XRF technology to screen my products for lead at this point, and while I was making this good faith effort, even that wasn’t approved to keep me compliant in terms of my painted products the way the law is currently written. I left him with some notes on our meeting (Who I am, What I do, What my Concerns are, etc.).
It sounded like he felt it might be prudent to slow the deadlines down, that there were too many issues to address in such a short a period of time. It sounded like he was interested in helping to get amendments made to this law so that I, and those like me, will be able to continue business as usual. It also sounds like the Energy and Commerce Commission has most of the power in this situation to make changes since the law has already been passed.
Overall, I feel the meeting was productive and I feel as though he listened and heard me. He assured me his office would maintain contact with me about the issue. One of my concerns was that now that I’d met with him, my issue would just fade away. He assured me that would not be the case. For my part, I don’t think there’s any more action that I can take that will be any more effective than what I’ve already done.
What should you do?
1) Write or call the leaders of the Energy and Commerce Committee. They need to continue hearing from us.
2) Call your Congressman and ask for a meeting to discuss CPSIA (no more emails or letters, it’s time to meet). Emails are ineffective for making real contact, Congressmen get too many of them.
3) Continue blogging, contacting news media, and spreading the word about CPSIA. Don’t stop the noise.
Late Friday there was some GOOD news, about the issue. The Energy and Commerce committee had a committee meeting Friday afternoon. From that came the following letter:http://energycommerce.house.gov/images/stories/Documents/PDF/Newsroom/nord%20moore%202009%201%2016.pdf
This is very important! It shows that we are being heard, most of the main issues we need addressed are included in that letter. Things are happening. We can only hope the CPSC will respond quickly with some answers that will be clear and address our concerns.
At this point, with so little time before the February 10th deadline, I have to make business decisions that represent due diligence on my part even though there the limitations within the law for made-to-order, one-of-a-kind and painted items. Should changes not be made, I will be closing my “doors” come August. In the meantime, I have come up with a plan. A lot of people have been contacting me and asking me what I plan to do. While I cannot endorse that this will be a good plan for everyone, it is what I am going to be doing.
I believe based on my research regarding XRF testing that it is a good screening tool for lead for all of my products. Additionally component testing is the only reasonable way for me to test, because my products are made-to-order (MTO) and/or one-of-a-kind (OOAK). So digestive testing is not physically possible, in addition to being prohibitive financially. So, I am going to move forward with my “reasonable testing program”. I am going to stay in business until August and hope in the next seven months there will be change enough to allow me to continue BuggaLove.
My reasonable testing program:
1 – Contacting the manufacturers of my items to determine whether the possibility that there is lead in them exists.
2- Component testing (regardless of the manufacturer’s assurance of a product being lead free) using XRF technology.
I am mailing my components out tomorrow for XRF testing. When I receive the results, I will be blogging about my experience with the company I chose to use as well as providing a variety of quotes for rental of an XRF gun. For those considering this method of testing, the following is an important note to make. I sat in on a conference call on the afternoon of Thursday, January 15th. Among the panelists was Jennifer, aka The Smart Mama. Jennifer talked a little bit about XRF testing to keep items in compliance until August. There are some items that can be XRF tested in order to remain compliant with CPSIA until the mandated third party testing requirement goes into effect in August. My creepers, for example, can be XRF tested in order to remain compliant. However, the way I understood it, items that are painted require the third party digestive lead testing now and XRF is not acceptable. XRF is acceptable for determining total lead content which is seen differently within CPSIA than the lead paint requirement.
Take that information and apply it as you see fit to your own solution for remaining compliant. I have determined that between my contact with the manufacturers and the XRF testing, I will have the highest level of confidence that my items are within the lead limits set forth by the CPSC and that is the spirit and intent of the law, even if I cannot follow the exact subscribed testing method that is mandated.
So, what did we talk about?
Truth be told, I did most of the talking. He was very interested in the fact that all of my supplies were purchased in the US. I mentioned that of the suppliers (most of them at this point) I’ve contacted, none of the supplies I use contain lead. I showed him a sampling of my products and detailed how each component was lead free.
We talked about the testing requirements, how it is physically impossible for me to comply and financially burdensome/impossible to comply with third party testing requirements. I talked about the end unit testing requirement vs. component testing and the effect of that on my made-to-order items. I mentioned XRF testing as a reasonable testing program instead and I gave him a contact who is an expert in XRF testing in case he had additional questions about it. I mentioned the labeling issue as well that will arise for me in August.
I discussed how the paint I use is acrylic, non-toxic, water based paint, made in the USA and is lead free. I let him know that as much as I want to comply with the law, I am unable to and this will result in my business closing down as of August. I mentioned I’d be using XRF technology to screen my products for lead at this point, and while I was making this good faith effort, even that wasn’t approved to keep me compliant in terms of my painted products the way the law is currently written. I left him with some notes on our meeting (Who I am, What I do, What my Concerns are, etc.).
It sounded like he felt it might be prudent to slow the deadlines down, that there were too many issues to address in such a short a period of time. It sounded like he was interested in helping to get amendments made to this law so that I, and those like me, will be able to continue business as usual. It also sounds like the Energy and Commerce Commission has most of the power in this situation to make changes since the law has already been passed.
Overall, I feel the meeting was productive and I feel as though he listened and heard me. He assured me his office would maintain contact with me about the issue. One of my concerns was that now that I’d met with him, my issue would just fade away. He assured me that would not be the case. For my part, I don’t think there’s any more action that I can take that will be any more effective than what I’ve already done.
What should you do?
1) Write or call the leaders of the Energy and Commerce Committee. They need to continue hearing from us.
2) Call your Congressman and ask for a meeting to discuss CPSIA (no more emails or letters, it’s time to meet). Emails are ineffective for making real contact, Congressmen get too many of them.
3) Continue blogging, contacting news media, and spreading the word about CPSIA. Don’t stop the noise.
Late Friday there was some GOOD news, about the issue. The Energy and Commerce committee had a committee meeting Friday afternoon. From that came the following letter:http://energycommerce.house.gov/images/stories/Documents/PDF/Newsroom/nord%20moore%202009%201%2016.pdf
This is very important! It shows that we are being heard, most of the main issues we need addressed are included in that letter. Things are happening. We can only hope the CPSC will respond quickly with some answers that will be clear and address our concerns.
At this point, with so little time before the February 10th deadline, I have to make business decisions that represent due diligence on my part even though there the limitations within the law for made-to-order, one-of-a-kind and painted items. Should changes not be made, I will be closing my “doors” come August. In the meantime, I have come up with a plan. A lot of people have been contacting me and asking me what I plan to do. While I cannot endorse that this will be a good plan for everyone, it is what I am going to be doing.
I believe based on my research regarding XRF testing that it is a good screening tool for lead for all of my products. Additionally component testing is the only reasonable way for me to test, because my products are made-to-order (MTO) and/or one-of-a-kind (OOAK). So digestive testing is not physically possible, in addition to being prohibitive financially. So, I am going to move forward with my “reasonable testing program”. I am going to stay in business until August and hope in the next seven months there will be change enough to allow me to continue BuggaLove.
My reasonable testing program:
1 – Contacting the manufacturers of my items to determine whether the possibility that there is lead in them exists.
2- Component testing (regardless of the manufacturer’s assurance of a product being lead free) using XRF technology.
I am mailing my components out tomorrow for XRF testing. When I receive the results, I will be blogging about my experience with the company I chose to use as well as providing a variety of quotes for rental of an XRF gun. For those considering this method of testing, the following is an important note to make. I sat in on a conference call on the afternoon of Thursday, January 15th. Among the panelists was Jennifer, aka The Smart Mama. Jennifer talked a little bit about XRF testing to keep items in compliance until August. There are some items that can be XRF tested in order to remain compliant with CPSIA until the mandated third party testing requirement goes into effect in August. My creepers, for example, can be XRF tested in order to remain compliant. However, the way I understood it, items that are painted require the third party digestive lead testing now and XRF is not acceptable. XRF is acceptable for determining total lead content which is seen differently within CPSIA than the lead paint requirement.
Take that information and apply it as you see fit to your own solution for remaining compliant. I have determined that between my contact with the manufacturers and the XRF testing, I will have the highest level of confidence that my items are within the lead limits set forth by the CPSC and that is the spirit and intent of the law, even if I cannot follow the exact subscribed testing method that is mandated.
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