What you should know about CPSIA

One of these days, my granddaughter would love a homemade teddy bear.

Too bad it’ll be a violation of Federal law to sell them after Feb. 9.

Why? Late in 2007, there were repeated recalls of defective toys made in Chinese plants, some owned by American toy makers.

This angered Congress during election season, making it a matter of time before legislation resulted: the Consumer Product Safety Improvement Act (CPSIA), which sets new testing and labeling standards for children’s products.

Bottom line: If you sell or manufacture toys, furniture, diapers, sippy cups, clothing or other items for children, you could be out of business on Feb. 10.

Mostly, the Act is great news — particularly for parents seeking safe products for their kids.

Why “mostly?” The Act contains no language pertaining to small and home-based businesses, artisans and craftspeople.

Anyone who sells items for children has a new cost of doing business: testing. While large manufacturers with large lot sizes will be able to pass on the cost, small businesses are threatened by the same costs. Every lot must be tested and the testing is destructive, meaning you don’t get a salable product back, adding to your costs and time to market.

Got non-compliant inventory? Most businesses must remove it from shelves before Feb. 10.

There’s nothing in the Act that alters the testing and labeling requirements for businesses manufacturing with 100 percent all-natural materials. Maybe that would’ve created a legal loophole for challenges like these: Are petroleum-based plastics a natural material? What about lead, or formaldehyde?

After repeated recalls of imported items due to lead and tiny choking hazards, coupled with weaknesses in existing regulations, the CPSIA was a necessary, but incomplete change.

The target is much bigger than a bunch of artisans selling their wares on Etsy.com, eBay, craft fairs and small local retail shops. It’s you.

MAYBE YOU don’t care because you don’t have kids. Maybe you only buy brand name kids’ items from major stores. Or maybe you don’t own a store that caters to kids, so why would you care?

Here are some “reasons to care:”

• If you’re the retired Evergreen lady who sells unique wooden trains made in your garage, you must pay up to $4,000 per toy to a certified 3rd party testing lab to assure compliance - despite carefully checking paint manufacturer Web sites to make sure there are no hazards in the paint you use on your carefully made toys.

• If you make sock monkeys, hand-painted “sippy” cups or baby nursery light switch covers, your choices are: Sell them and face up to six figure fines, close up shop, or have your items tested.

• If your store sells items for kids (including Army-Navy, Sportsman, Station 8 or Funtastic Finds): Your inventory must have CPSIA-compliant labeling, or you must test every item/lot and keep track of CPSIA compliance certificates in case you’re asked to produce them.

• If your fancy store sells untested European toys, they must be tested, even though Europe’s toy safety standards have long been stricter than ours.

• If you create or sell craft or science kits for homeschoolers, youth groups or public schools, the Act applies — including Cub Scout Pinewood Derby cars.

• If you shop for your kids at craft fairs, bazaars or Etsy.com, or you like buying used toys and clothing — items in those stores that don’t meet CPSIA requirements will be illegal to sell.

Selling children’s items on eBay? Non-compliant inventory must be sold before Feb. 10.

Retailers, craft fairs, Etsy.com and even eBay can be held liable for selling new/used items for children that are not tested and labeled per CPSIA regulations.

If you don’t own a youth-oriented business, don’t think it doesn’t impact you.

Do the owners and employees of the businesses described above buy computer paper, coffee, towels, clothes, hamburger, gasoline, haircuts, dog grooming, fine wines, appliances, landscaping, envelopes or tires from you?

Do you care yet?

Don’t waste time sending easily ignored e-mails or faxes; call Baucus, Tester and Rehberg (all three voted for the CPSIA). Google “CPSIA” to learn more.

PS: The Consumer Product Safety Commission’s enforcement budget was increased by $620 million. See the full text of the law at http://www.cpsc.gov/cpsia.pdf.

Mark Riffey of Columbia Falls is the owner of Rescue Marketing.