On February 10, 2009, what appears to be a fairly draconian solution to unsafe children's clothes/toys will be enacted. While I am not involved in making children's toys or clothes, many of my "crafty" friends are, and I love unusual, handmade items for myself and my family. I also love to shop for second-hand items (and in this economy, more and more families will "enjoy" thrift-shopping as well). FAQs about this new law can be found at the CPSIA website.
No doubt, this law is intended to stop the influx of "toxic toys" imported into the US (and presumably manufactured here, since all products - not just imports - need to be tested). From the LA Times:
Barring a reprieve, regulations set to take effect next month could force thousands of clothing retailers and thrift stores to throw away trunkloads of children's clothing.
The law, aimed at keeping lead-filled merchandise away from children, mandates that all products sold for those age 12 and younger -- including clothing -- be tested for lead and phthalates, which are chemicals used to make plastics more pliable. Those that haven't been tested will be considered hazardous, regardless of whether they actually contain lead.
It isn't just big manufacturers and retailers - this new law will have a disastrous impact on small custom or handmade toy/clothing makers and small businesses. From The Consumerist:
Thanks to big companies like Mattel, this may be the last Christmas season for a lot of handmade or custom toys from small businesses.
Here's the problem summed up in an Etsy FAQ from a woman who makes and sells puppets:
Q: So with this new law going into effect for children's toys, does this mean your toys will no longer be suitable for children?
A: BINGO! After February 10th, 09, none of my toys will be suitable for children under the age of 12. Apparently that's the date they all get poisoned. Research the CPSIA and write to your senator & congressman telling them that they'll totally put me out of the business of selling children's toys. (Dude, I just can't afford the $3,000 to test my toys.)
So what happened? Well, after last year's spate of killer lead toys and their subsequent recalls, the government stepped in with new legislation. Unfortunately, the Consumer Product Safety Improvement Act that they passed says that "manufacturers must now test for lead paint, and by Feb. 10 they must test for lead and certain chemicals anywhere in products made for children 12 and under." This means even small companies who, say, don't even use paint (much less import products from Chinese factories), will be required to shell out large sums of money to certify their toys are safe.
The problem, of course, is not that toys should be tested and safe. The problem is that the mandated testing is beyond the financial reach of any but the largest manufacturers, and the testing is limited to just a few toxins (not general safety).
The Handmade Toy Alliance has a great concatenation of press coverage about this new law, as well as a petition and form letter to send to your congressperson. National Bankruptcy Day is another activist site looking to inform and inspire action.
I hadn't really intended to write a diary about this (or really to write any diaries at all here!) but I hadn't seen any mention of this and it seems pretty terrible. Toxic toys are terrible. This "solution" seems equally terrible. I believe that every person should be empowered to be their own small business, particularly in these hard times with the "low overhead" opportunities provided by the interwebs. I also believe we should all recycle and reuse the toys and clothes that have come to the end of their useful lives with our familes. I have a stack of great, pristine-but-outgrown-clothes from both my kids sitting in their special "giveaway" bin just ready for me to get my act together to donate. I guess I had better get my act together pretty soon.
[Updated for emotional - rather than policy-wonky - title.]