Last year, in response to the deluge of imported Chinese toys laced with high levels of lead, the Senate and Congress overwhelmingly passed the Consumer Product Safety Improvement Act (CPSIA). Meant to apply more stringent safety measures for new products intended for children under the age of 12, CPSIA, which goes into effect on Feb. 10, has some unintended consequences for makers of handmade toys, clothing of all kinds, paper goods, resellers and consignment shops.

In order to comply with the new law, all domestic manufacturers of these goods must provide proof of third-party testing to certify that they contain less than 600 parts per million (ppm) total lead and less than 0.1% of certain specific phthalates or face prison time or penalties of $100,000 per incident. This testing can cost between $75 and $4,000 per item. While big corporations (like Mattel and Hasbro) can absorb those costs, an expense like that will effectively put small companies out of business.

A recent press release from the Consumer Product Safety Commission (CPSC) regarding resellers and consignment stores clarifies the law like this: “Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards." However, it’s still illegal to sell products that contain more than the legal limit of lead and pthalates, so how are resellers to know they're in compliance unless they perform the testing? Additionally, the CPSC clarified that the law applies to reselling items manufactured prior to the Feb. 10 date, leaving many of these stores with inventory that they can’t sell. There is some discussion about exempting items made from natural materials, like undyed wood and cotton, but no changes have been made to the law at this point.

I think we can all agree that lead and other harmful chemical levels in our children’s toys needs serious attention and stringent monitoring. But what this law neglects to address are the small businesses who sell stuff for kids, like Buggy and Childish Things, and designers like Kristin Loffer Theiss, who makes plush toys and mobiles out of wool felt and cotton.

I’m curious to hear what you think about this issue. Will it affect you? Do you agree with Washington Public Interest Research Group (WashPIRG), which thinks that the law is fine the way it is and that all products made for children should be tested for lead? Or do you agree with groups like the Handmade Toy Alliance that the law should be modified?

P.S. Please make your comments on this page and not to my e-mail address so that we can all benefit from your opinions. Thanks.

Hit me with your best shop: alisonbrownrigg@gmail.com

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