Q&A: Can someone with legal experience regarding the new Consumer Product Safety Improvement Act answer this?
Posted by James on September 11, 2012 · 2 Comments
Question by : Can someone with legal experience regarding the new Consumer Product Safety Improvement Act answer this?
I am a Work-At-Home-Mom. I make custom baby carriers and sell them. Each of my carriers is one-of-a-kind. I buy my fabric from nationally trusted retailers such as JoAnn Fabrics, etc. I do not buy loads of fabric since I make them on an order-by-order basis (so I can customize for my buyer). How is the CPSIA going to affect me in particular? I am not the one importing the fabric or thread. Shouldn’t my supplies be tested before I buy them? Also, even if they are tested, I usually only buy fabric remnants instead of whole reels. It would be ridiculous for me to ask for certificates for 1 yard of fabric. I feel like this whole thing is going to put me, and a whole bunch of others like me, out of business. How can I possibly afford to have each and every one of my baby carriers tested for lead?
BACKGROUND INFO:
Congress passed a law in August 2008 called the Consumer Product Safety Improvement Act (CPSIA). This law came about because of the numerous recalls of children’s toys in the past two years and specifically the issue of lead in the toys. While I applaud the attempt at making children’s products safer, the law as stands, will actually remove many of the products that we have turned to in place of those made in China.
As of February 10th, 2009, ALL children’s products sold in the United States will need to be certified to be lead free and many products will need additional testing. To be certified, the final product sold needs to have each component on it tested for lead. This sounds wonderful when you think of all of the “Made in China” children’s products that are out there and all of the children’s items that are mass produced (mostly imported). HOWEVER, think of the handcrafted items sold within the US. Think of any children’s item that is a ready made item that has been personalized with a child’s name (it would need to be retested because it is the final sold product that needs to be certified). Think of the children’s items that are sold at craft shows, garage sales, ebay, consignment shops and fundraisers. As of February 10th, it will be illegal to sell any children’s products without certification, no matter when it was produced. Collectible vintage toys and trains? A “banned substance”. You will not be able to donate items for charity because they are a “banned substance” since they are not certified. This applies not only to toys, but all products such as books, shoes, clothing, school supplies, sporting equipment, jewelry, etc. that are possibly intended for children 12 and under.
Best answer:
Answer by Howard L
Legal is nothing for you to be concerned about. The worst thing that could happen is you will be ordered to give refunds to anyone who wants one and you will be ordered to stop selling them.
What you need to worry about is product liability. If a child is injured and you don’t have product liability insurance they will take every last dollar you have now and get every dollar you will ever earn. You might be able to sue the suppliers of your materials but the legal bills will ruin you.
What do you think? Answer below!
CPSIA Is still a legal morass — it was designed for companies batch manufacturing, and didn’t take into account all the hundreds and thousands of small producers like you. They haven’t even gotten all the rulemaking done on it yet.
Here are some starting points for you — I’d encourage you to read at http://www.fashion-incubator.com/category/cpsia/ and http://www.handmadetoyalliance.org/ and consider joining one or both groups.
What is a baby carrier? Is that like a backpack in which you stick your baby? You might be exempt, but I can’t picture what it is that you are making.