CPSIA Stay of Enforcement-Thoughts Around the Web

leadfreeetchasketch

I know everyone in the children’s business is jumping for joy.  I’m not–at least not yet.  The CPSIA problems are far from over.  The CPSC has issued a “stay of enforcement” meaning they aren’t going to enforce the new CPSIA law just yet.  However, they are allowing your state’s attorney general to do so.

The law still applies.  The CPSC, however, is not requiring third-party testing at this time.  Yet, you are still  not allowed to sell children’s products outside of the new lead limits.  Seems the law hasn’t changed–just the testing requirements and enforcement for the time being (and only Congress can change the law, not the CPSC).

cpsiaenforcement

Another thought that comes to mind is wholesale accounts (children’s boutiques).  I seriously doubt boutiques want the liability and will want some type of proof that your children’s products are lead-free.  They’ll want to have all incoming stock to be certified prior to any amendments in the law as they are unsure how this will all play out.  Stores won’t want to add products that might not be sellable in the future.

xrfgunniton

I’ve decided to go ahead with my XRF lead testing tomorrow and have GCCs issued to ensure the safety of my boys’ clothing line.  It will only add value to my products as not all of my competitors are doing so.

Now for some CPSIA links around the web:

National Bankruptcy Day:  Cautious Optimism

Overlawyered.com CPSIA Stay:  Part I

Overlawyered.com CPSIA Stay:  Part II

Z Recommends:  Seller Beware

CPSIA Cheer:  Touchdown!  We Scored!  But It’s Not Even Half Time

Senator Hatch Wants Senate Hearings on CPSIA

Reform CPSIA

WhatDoISell.com:  Temporary Relief

Boutique Cafe:  Breathe Easily and then Call Your Representatives from Heather of Lilliputians

Kenneth Ross, Attorney at Law:  Summary of CPSIA Stay

Scholars and Rogues:  No Child Product Left Behind

How Much Safer Will CPSIA Make Us?

Nancy Nord of CPSC:  Letter to Congress regarding Stay

The Smart Mama

I think what everyone should be doing at this point is contacting your local members of Congress and ask them to support Congressman DeMint’s Bill to amend the CPSIA.

One last thing, my mentor, Kathleen Fasanella of Fashion-Incubator.com, deserves a big THANK YOU from me and the rest of the children’s apparel industry.  Kathleen has worked countless hours (and continues to do so) on the CPSIA and its affects on sewn products.  I don’t know what I would do without her.  Seriously.

dora

DORKA THE EXECUTIONER by wacky artist David Gross

Hope everyone’s enjoying a wonderful weekend!  I know Mr. Diva will be.  He and his passe are awaiting the limo to take them to Atlantic City, NJ for Super Bowl Weekend.  Oh, what a wonderful wife I am–LOL!

lisasiggie2

Disclaimer:  Although I consider myself extremely bright, I have no legal background (other than a paralegal certificate…LOL) and therefore, the above post reflects my personal opinion and should not be construed as legal advice.

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Comments

  1. I think you are right about the testing. I hope all of your product testing comes out good!

  2. Senator Jim DeMint’s staffer here. Thanks for posting this. I think you’ve summed things up really well and captured the status quo very well.

    Now its time to perm. change things. I’m looking forward to working with you and other folks in the craft & small biz community to get our fixes to the CPSIA passed. The CPSIA has some terrible problems and even with the recent CPSC decision causes great problems for folks who’s only crime is being creative and trying to bring in a few extra $$ for their families.

    I’m going to post details encouraging folks to contact the Hill (202-224-3121) and ask members to support Senator DeMint’s bill, but right now I’m going to eat some homemade pizza with my girls. I’ll post more in the next day or so.

    Thanks for all your hard work.

    Tom

  3. I read the stay the same as you. I think everyone thinks they are of the hook and now aren’t expected to do anything. It’s going to take a lot more work to get the CPSIA reformed, otherwise we’ll be in the same boat again next year.

  4. No, the sellers of childrens items aren’t off the hook yet. The axe is just waiting to drop. There is a lot more work that needs to be done.

  5. I had to giggle. Your post refers to Senator DeMint as DeWine.
    Need some wine after all of this cpsia confusion?? I do!!
    Thanks for posting!
    Missy

  6. thanks everyone! Glad I could help shed some light on the CPSIA stay.

    Hey Tom – thanks for the additional info! Now pass the pizza!

    LOL Missy. Thanks for letting me know of my error.

    With friendship,
    Lisa

  7. Thank you. It has been difficult to read some the etsy threads because folks really believe they can make whatever they wish. And they do not like it when someone suggests they reread the part about meeting the limits.

    I am so glad that I found FI and people like you. I have held off from making baby items because of the law but for a newbie, you all provide inspiration that when the babies are off to school I just may have something PROFESSIONAL (thanks, KF) to grow…

  8. Thank you for putting it straight! A totally agree with your thoughts of the situation. I appreciate your time and energies in this fight.
    Keep it up!

  9. thanks Erika and Jenny!

    With friendship,
    Lisa

  10. Hi Lisa,
    Thanks for your continued updates regarding CPSIA. I totally agree that Kathleen deserves a big THANK YOU for all of her awesome work keeping everyone informed and level headed : )
    One positive aspect, yes there is ONE, of the new law is that I have had a chance to reach out to other designers and get to know people I probably would not have if this law did not come about. It is great to see people connecting.
    Peace and Blessings to you and your business.
    warmly,
    Justyn

  11. What company are you going through to get your boys line tested? I have a girls line I would like to get tested and not sure how to go about it. Thanks

Trackbacks

  1. [...] blog reactions to the stay: What Do I Sell, Domestic Diva with many links, Common Room. And a couple of comments from Twitter: the stay “bought time to [...]

  2. [...] Now they just need to amend the legislation, so the testing is done at the supplier level.  This is a good article on the state of affairs as they stand right now. This entry was written by Stacy, posted on February 3, 2009 at 5:00 am, [...]

  3. [...] The Domestic Diva’s – CPSIA Stay of Enforcement Thoughts Around the Web [...]

  4. [...] http://thedomesticdiva.wordpress.com/2009/01/31/cpsia-stay-of-enforcement-thoughts-around-the-web/.  There are more comments and resources here. Posted in Uncategorized. Tags: blankets, children, clothing, congress, Consumer Product Safety Improvement Act, CPSIA, toymaker’s law, toys. [...]

  5. [...] the regulation.  You can find a great collection of this and how it impacts small businesses at The Domestic Diva. Share and [...]

  6. [...] I honestly hope they find a way to change the regulation. You can find a great collection of this and how it impacts small businesses at The Domestic Diva. [...]

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