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The act that could kill handmade.

Published 12.19.2008 | Permanent Link | Comments (7)

Guess what? Handmade toys will soon be illegal.

In August of this year, Congress passed the Consumer Product Safety Improvement Act (CPSIA). This act came into being in response to last year's revelations about all the dangerous, toxic toys being sold by large, China-based manufacturers. The CPSIA, which will go into effect in February 2009, bans lead and phthalates and requires third-party testing and certification for all toys. Once the act becomes law, manufacturers, resellers, and retailers will all have to prove compliance, or face felony charges.

The problem, and it's a big one, is that the act was written with seemingly no regard for smaller businesses. For these companies, third-party testing lab fees would be prohibitively expensive. To prove the materials used pass the standards of the new regulations, testing could cost up to $4,000 per toy. Even larger companies face massive cost increases from these measures. Companies able to pay the added fees will undoubtedly raise their prices—which means that the cost of children's items could skyrocket in the new year.

And it isn’t just toy manufacturers who risk losing their businesses. Any manufacturer of children's items—from bicycles to school supplies to clothing—is at the mercy of the CPSIA. In effect, this act will bring down an entire industry.

The CPSIA will ruin the businesses it should have been created to protect—the people who work hard to produce and distribute nontoxic, handmade goods. As Liz and Kristen from Cool Mom Picks observed: "Moms who sew beautiful handmade Waldorf dolls out of home, artists who have spent decades hand-carving trucks and cars out of natural woods, that guy at the craft show who sold you the cute handmade puzzle—even larger US companies who employ local workers and have not once had any sort of safety issue will no longer be able to sell their goods."

According to an editorial in the Patriot-Ledger, the legislation is retroactive. "This means that everything on the shelves in those big (or small) stores will also be 'banned, hazardous substances' – contraband…This also means that after that date, even selling your kids' old things on eBay or Craigslist will be illegal. Charities will not be able to accept donations without a certificate of compliance either."

In our faltering economy, the last thing we need is a law that's going to put thousands of people out of work. With the climate change we're suffering, the last thing we need is to render used children's items unrecyclable. The act, in its current form, will drive up prices, ruin small businesses, and create more waste. There's no question that we need some sort of regulation. Just not this kind.

If you'd like to get involved, Cool Mom Picks has an excellent list of easy ways to make your voice heard.



Comments (7):

Terri said:

Made in china is okay but handmade with a mom's love isn't?

I'll take made in America by artisans anyday over made in china!!

Posted on December 20, 2008 06:36

Liz said:

Thanks so so much for spreading the word Alice.

The scary thing is, it seems like even large companies can't afford to comply with the standards proposed in the act. I mean, if [big name kids label] is freaking out, clearly the little guy is in trouble.

Still worse, no one will be able to resell items on ebay or craig's list or even garage sales. Eek.

Posted on December 20, 2008 13:23

Grace said:

FYI, I wrote my local Representatives and Senators and got canned messages back from them saying thanksfor your interest an explaining how god the bill was. I know it was a canned letter in each case, but it seems they are not reading their emails. They are assuming everyone is FOR the bill. At least, those from Texas are.

Posted on December 22, 2008 14:02

Abby said:

Is there no sort of failsafe in the bill that would prevent driving these business' out of business? That seems very couter productive and not in the best interests of anyone.

Posted on December 22, 2008 16:55

amy said:

ALICE!!! I love you! Thank you so much for spreading the word. I want to run to you and kiss you open mouth! My company (www.littlalouette.etsy.com) will die and I will be so sad as we started this wee toy company to make SAFE TOYS for kiddos. Seriously. So thrilled to see this here. It has promptly made my day! xxoxoxoxox THANK YOU!

Posted on December 22, 2008 21:27

heather said:

So now what do we do?

Posted on December 23, 2008 09:17

MamaCass said:

This whole thing is just crazy. I'm all for lead-free toys, but how does it seem right to apply Matel's rules to my neighbor down the street who makes cute little notepads and dressy pens for little girls? Meanwhile, I think I might vomit every time I see my baby put something in her mouth (which she of course does constantly), for fear it might be poison. And I do keep the Lysol in a locked cabinet, you know?

Posted on December 23, 2008 14:09

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