January 28th, 2009
Attention passengers: Please do not panic. The wings are not on fire.
We spent the weekend actively re-charging our mental energy, which sounds like a new age load of crap but really means that we ate good soup at Panera instead of cooking at home and rested and watched movies together and restored a nice level of clean to our apartment.
Two days into the week, yes – it all helped.
I’m trying to formulate updated thoughts on the CPSIA madness. The level of freakout in the crafting/small business community has reached DEFCON 1 which is the freakiest level of DEFCON. People always think it’s five which is weird. Didn’t we all see War Games?
The formerly united People’s Front of Artsy-crafty has now split into factions:
1. People who have no idea that the laws are changing
2. People who know about it but aren’t worried because surely the law doesn’t apply to them somehow or will be changed or will turn out to have an easy loophole
3. People who take it seriously but are deliberately and noisily refusing to comply
4. People who are shutting down their businesses because OMG
5. People who are on hold, but will shut down if nothing changes
6. People who are trying to comply with the law, take it seriously and yet not freak out
7. Even though holy shit you guys. Have you read this thing?
#3 and #4 hate each other and think that groups #1, 2, 5, and 6 are all pathetically uninformed.
There are also people who say that all of the outcry is just a bunch of hysterics from those silly mommybloggers who have this crazy notion that the toy police give a crap about hand-knitted baby blankets. Some of those people, in fact, work for the agency in charge of enforcing the law.
I’ve read a lot of press releases, interview transcripts, and memos from the Agency of Consumer Protection and Whatnot. The message I see over and over is: “Our hands are tied. We have to follow the law as it was written unless it changes, and we are charged with the task of enforcing it.” but then in the next breath they will say “We are aware of how much it sucks” and “Do not freak out.”
I could almost swear that they are trying to wink at us and say Shhhh we can’t say this but don’t worry about it, we aren’t going to target small businesses.
But as Walter Olson over at Forbes says, we don’t want to fly under the radar and hope for the best:
“The thing is, few librarians, eBay sellers or knitters want to be told that they’re outlaws but at too small-fry a level to attract the authorities’ attention. They want to be legal.”
I do want to be legal. That’s why I’m scrambling to figure out testing for all of my stuff. For me it’s more than a simple matter of principle: I want to spend 2009 cultivating wholesale accounts. Many small retailers will not accept my products unless they are certified or otherwise fully comply with the law. And bigger catalogs and chains will be too exposed to take any chances; Amazon.com has already informed all of its vendors that they will require full certification on all products intended for children under twelve.
So as much as I’d like to shrug and say fuggit, I have to pay darn close attention to this thing. Exemptions are being considered and discussed, but they are weird and convoluted and mostly unhelpful. Thrift stores have been told to relax, they don’t have to certify anything that they re-sell. They had better be damned sure that everything complies with strict new standards or their asses will go to jail, but other than that they have nothing to worry about.
It’s hard because on the one hand I don’t want to go buy Thomas the Train Poison Edition at Goodwill. But on the other hand, it seems pretty rough to burden teams of volunteers at a nonprofit with the job of carefully researching the thousands of children’s items that are donated to them each day. Clothing, toys, books, jewelry, anything.
If you think I’m being a crazy hysterical mommyblogger, please check out these two articles in Forbes this month:
Part I
Part II
and this from Bloomberg.com
I don’t know. My stuff is easier than most to bring into line — almost all of it is made using only non-toxic materials that were made in the USA or Britain. It mainly limits my ability to expand into Nerdy Baby bedding and clothing, but we’ll see.
This isn’t some passionate call to action, though if you have a minute to call your local TV station and ask them why in the fucking fuck they aren’t researching and reporting on this issue, that’d be very cool. But really, I’m just venting and feeling hopeful it will be fixed, worried that it won’t, and bummed to see the normally kind and wonderful community of independent artists turn on each other for their business decisions, threaten to turn each other in, belittle those who have decided to shut down now rather than drag out the stress and anguish of discovering piece by piece that they can’t possibly comply.
January 28th, 2009 at 3:41 pm
On behalf of lawyers everywhere, I apologize. Although I was not personally involved, this sort of thing is usually the fault of our profession. Or at least the combination of lawyers poorly crafting language plus the law of unintended consequences.
January 28th, 2009 at 3:44 pm
Oooo…bedding and clothing??? Then I definitely have to do something. :)
Seriously, I’ll admit that I have no clue how it effects everyone because I can’t figure out the freaking language of the thing. I’m not stupid – I swear. I have a degree and working on another one, so I can read. I just wish they would clarify it. Or at least delay it. They delayed the TV to digital – why can’t they delay this???
January 28th, 2009 at 5:53 pm
I almost wish I was part of faction #1, except that would mean the shock of discovering this lunacy is still lurking in my future.
Now would be a great time for a big publisher to step in and give us some serious love, testing, and royalties, don’t you think?
But I would miss feeling so connected to the end user. *sigh*
-Hilary
ps- I’ve long admired your work, and occasionally have to smack down my hand when it reaches out to copy your concept. I’m glad you aren’t among those who are quitting.
January 28th, 2009 at 5:57 pm
Hilarious on your descriptions of opposing camps altho you should probably amend it to include the two types of conspiracy theorists. Those that think big business/china are behind this.
January 28th, 2009 at 6:47 pm
I had to laugh at the first part, because all the drama is enough to make me throw my hands up and say I don’t care sometimes. It’s impossible to understand the law completely and how it applies to every little thing someone could possibly make isn’t possible yet, because there are no clarifications. The people over the CPSC have probably learned more about artsy collector dolls etc than they ever wanted to know now.
January 28th, 2009 at 10:58 pm
I’m somewhere between number 6 and number 7. *sigh* I am sooo not looking forward to toy fair this year.
January 28th, 2009 at 11:41 pm
[...] artists squabble amid anguish of “discovering piece by piece they can’t comply” [Electric Boogaloo, strong [...]
January 29th, 2009 at 12:41 pm
Love your post!!!! I’d love to see a survey of your 7 categories. I’m between 5 and 6. I’m planning to comply in my head but haven’t taken action yet. My products have been scanned to be safe for the Feb 10 deadline by one of my retail customers, however, I can’t prove it that it’s safe because they’re not a “reasonable testing program”.
The funny thing is, I’ve been in contact with one of the testing company — Intertek — since Sept 08 to get testing. At that time, I didn’t know about the law and was just inquiring prices and the person did not mention ONCE about CPSIA. You’d think it’s a great way to close a deal for this guy. So 2 months after I shipped my samples to their lab, they now say they never got it and I would need to resubmit.
January 29th, 2009 at 3:51 pm
This is all so very scary and I’m not even in “the business”. I second Toni: Digital conversion had over a year’s warning. And IT’S TV. WTH, law maker people, get with the program!
January 30th, 2009 at 11:51 am
Yes…it is scary that the entire country knows about the DTV conversion…yet no one really knows this thing passed and that we have a ticking time bomb for our very fragile economy…we who are involved in this fight, are not calling it National Bankruptcy Day for nothing…and as for enforcement, many of us believe it will be enforced…they put in a bigger budget for the CPSC…are allowing them to start with 500 inspectors…and each States Attorney General is also authorized to enforce it…And remember…right now our government is spending money faster than they can print it…you don’t think someone in Washington doesn’t see this as a way to bring some money in? With a fine of $100,000 per offense…and an opportunity to grab headlines that they are “keeping children safe”? I absolutely think it will be enforced. Yes, they’ll start with the big box stores first…and ebay…but then, they’ll start with other types of businesses…and don’t forget the environmental nazis out there…they’ll be going around looking for people to turn in…and they have also made that very easy within the confines of the new law.
This law assumes that EVERY item for children under 12 is illegal or contaminated, until proven otherwise…it’s the reverse of our judicial system, in which we’re supposed to be presumed innocent until proven guilty…But not with the CPSIA (or probably the IRS).
January 30th, 2009 at 4:49 pm
What about the section of people who read Consumerist and believe them in this article:
http://consumerist.com/5132747/dont-worry-reselling-childrens-clothing-isnt-about-to-become-illegal-probably
Are they invisible to you?
January 30th, 2009 at 6:43 pm
Not at all, Tom. I think those people would fall under group #2.
As it says in the article you linked, the CPSC recently clarified that resellers do not have to send their products off for third-party testing and get each item certified.
BUT they are still subject to stiff fines and even jail time if they are caught selling anything over the new limits.
Each business has to weigh what they can afford to do against the risks of noncompliance. For reseller shops, even without the certification requirement, true compliance will be nearly impossible to do unless a shop invests in an XRF gun (they cost between $25,000 and $50,000) OR stop selling children’s items.
It’s like: what if the government told everyone that to drive a car, you are now required to have it inspected for pollution limits every single day on your way to work. If you don’t get the testing, you can go to jail and/or have your car taken away.
Resellers are like people who rent a car. Oh, there’s a special exemption for you — you don’t have to have the daily testing done. I mean, if you happen to get pulled over and we test the car and it’s putting out more than the new strict standards, you go to jail for driving a car over the limit… but you don’t have to test.
It’s a weird analogy. Sorry, I have a cold.
January 31st, 2009 at 12:54 am
Hey! Did you see the latest announcement on Etsy that says we are being given a reprieve for the next year?
The CPSIA is such a disaster they voted to delay its implementation.
Hopefully we won’t need to come back here and freak out 12 months from now (fingers crossed).
They should have this straightened out by then.
Right??
January 31st, 2009 at 5:55 am
I saw earlier that the delay had been requested, didn’t know they’d already voted on it. Thank you, Shaylind! Very hope-inducing. :-)
February 1st, 2009 at 7:30 pm
I am frustrated in the law and I hope that it is changed to be a little more accommodating. I wish you luck in getting your business all sorted out!
February 5th, 2009 at 11:06 pm
Our local women’s shelter – which used to take donations of used toys for its thrift shop and new toys for the kids of the women it serves – no longer takes toys at all due to this law and concern over liability after recalls.
October 14th, 2009 at 9:41 am
Definitely one of the better posts I’ve read in a while. Thanks!