New U.S. Law About Children's Toys

[Buck-Beaver]

I think StaceyRebecca raised this issue already, but there is a new law coming in to effect Feb. 10 to make it mandatory for all toys and children's clothing for lead and (basically phthalic acid that's added to plastic).

All toys - including handmade puppets - have to be tested by third-parties and certified as safe. Toy makers also have to permanently label each toy with a date and batch number. To get tested and certified it's going to cost about $4000 per toy.

Even toys (like puppets) that are now legal will become illegal under the new law. This means that a product that was produced several months ago, which is safe and legally compliant today, cannot be sold after February 10th.

If you do make or sell puppets for kids, don't think it will be possible to do and end-run around the rules by simply slapping a "not a toy" label on something (after all, if you sell cocaine and call it sugar, it's still cocaine).

This is really bad; Etsy is furious about it (the law basically wipes out a good chunk of their Craft market). I think it's a stupid law. A group called the Handmade Toy Alliance is fighting to have an exemption added to the law that excludes handmade toys made in the US, Canada, and Europe. You can visit their site at http://sites.google.com/site/handmadetoyalliance/

 

[Melonpool]

I just alerted some of my friends in the webcomics community about this as well. A lot of our bread and butter is made up from plushies, figurines and t-shirts -- not to mention the large cross-section of printed comics made in China.

I would think we share a lot of ground as far as this is concerned. Are there any other non-puppetry groups that might be interested in helping to fight this?

 

[Buck-Beaver]

The whole thing is such a stupid mess. They never intended to target handmade toys and clothes with this law, hence the campaign to get an exemption.

The Handmade Toy Alliance is leading the fight against this, so I would think anybody interested should follow their lead.

If you're American you can start by writing a letter to your Congressman or woman. There are samples on the site I linked to above.

 

[frogboy4]

Has anything been done about this yet?

I imagine most small businesses that create limited product runs will just decide to break the law until otherwise notified. They then could sell off excess "illegal" stock on Ebay under a screen name in order to break even if things go south. This is not an endorsement of that behavior, merely the only pragmatic resolution that could work.

I just think it's disgraceful that the US government is doing this to the little guy during such crushing economic times. It's the big companies that require watchdogs. Not the artists creating smaller quality pieces.

 

[MGov]

The law only targets items (and it is for all items, including toys, clothes, cribs, bedding etc.) made for children 12 and under.

 

[frogboy4]

The law only targets items (and it is for all items, including toys, clothes, cribs, bedding etc.) made for children 12 and under.

This does affect the urban vinyl market and convention pieces does it not? If I created a Kid Robot Munny type of item in limited editions in the 100s and stuck a sticker saying "Ages 12+, This is not a toy" it would pass without needing inspection?

 

[staceyrebecca]

I haven't read the whole thread yet..honestly my whole gut just gets bad-news-butterflies anytime the topic is raised. I have some good info & thoughts & resources & will share them all soon...just need to walk away for the moment.

 

[CoOKiE]

Would it be illegal for people to sell old toys off ebay? Used or not used... i mean in a sense... some people use ebay to sell... just like a store would.

My reason for ebay is only to buy old things. Watch it... i'm going to be on Americas Most Wanted lol

 

[staceyrebecca]

There have been a lot of revisions to this law. Most people speaking on the CPSIA's behalf are giving conflicting information. Its a debacle.

Toys made from only natural materials (untreated wood, bee'swax, un-dyed wool, gemstones) are exempt.

The resale of toys in places like goodwill, consignment shops, ebay, etc. are also exempt.

I believe the phthalates testing is only for durable goods.

There's rumor that one-of-a-kind items will be exempt from testing, since the nature of the testing will destroy the item. (Most puppets fall into this category)

New batches of anything will need to be tested. So if you bought fabric one day & only got 2 yards, when you use those 2 yards up & buy more, then that new batch needs to be tested. This is super-difficult to figure out when we're talking about felt that's on the shelf at a craft store. two pieces of felt that are sitting on top of eachother at any one given time may very well be from different batches of dye.

I've seen one thing that said that if the general public would label it as a toy, then its a toy, no matter what the artist says (i.e. Muny). But I've also seen other things that says if it has the proper labeling as not being suitable for children under the age of 13, then you'll be okay...but it *has* to have tags.

I've written to my congressman & basically got a response of "dude, we totally support this, sorry you're getting d*cked over, but, you know, talk to the CPSIA people about it, because like my job was totally done, yo. Nothing more I can do except say 'eat it.' So...eat it. Booyah!"

The law is incredibly difficult to understand, to the point at which their own representatives don't yet understand it.

This is a punative law, though. So they're not going out on February 11th to hunt down smaller manufacturers & artists. However, if you get reported of violating this law, you'll face severly heavy fines (targeted at large companies like Mattel) and potential jail time.

And its not just children's toys & clothing. Its books, dinnerware, clothing, toys--anything that kids can look at cross-eyed from across the room.

My personal plan of attack is to curl up into the fetal position & make 12 dozen bloody tampon finger puppets per day & hope that nobody insists that they need a set of 5 for a fingerplay in their preschool. that's like the only puppet I make that's *clearly* not for children.

In reality, I'm not sure exactly what I really *will* do. I heard of someone who will do testing for lead on toys and only charges $100/hour on http://thesmartmama.com/bg/ which is the cheapest estimate I've heard so far. They also need to be tested for durability (& small parts) if they're intended for use by children under 3. Honestly I'm hoping someone steps in & does an exemption for cottage industries. I think at this point I'll simply have to make one of a kind items & hope that that exemption really does exist.

Etsy.com is having a meeting about it on Tuesday at 5pm EST

Here's the article on Etsy.com to gander.
http://www.etsy.com/storque/craftivism/cpsia-action-kit-and-community-chat-3321/

They link you to a pretty good explanation of the issues at hand & a kit to help take action
http://www.etsy.com/storque/media/bunker/2009/01/CPSIA-Etsy-Resources.pdf

ugh. ugh ugh ugh.

 

[frogboy4]

Thanks for the info. So if I created a very small company, came out with my own version of a Munny in limited edition runs, labeled it as for ages 13 and older and not suitable for under that age then I should be okay unless some busybody decides to take action. Then who knows? I think the law is intentionally vague to target larger companies while turning a blind eye to smaller ones. I hope that's the case.