In theory, maybe. But in actuality the law is so far reaching that it may succeed in turning the economy upside down. For starters, the CPSIA requires end unit testing on every product intended for use by children under 12. It is the responsibility of the manufacturer to do this testing, regardless of how small the business. That means that manufacturers (like myself ) will have to pay to get every different product they offer tested. These tests have to be done at a CSPC accredited lab, and cost tens of thousands of dollars. For example if you offer 3 different types of dresses. Each dress contains 2 different fabrics, as well as buttons, and thread, so that's potentially $600 to test one dress. But if you have 3 or more styles, that's $1800. And when you get a new bolt of fabric, you need to start all over again.
At present, there are no exemptions for small businesses and "micro" manufacturers and most handcraft artisans. There is no exception for quantities made, where the garments/products are made or anything else. Also, the Act takes a "guilty until proven innocent" approach, which would treat a handmade toy that doesn't meet the certification deadline of 2/10/09 as a "banned hazardous substance" which would be illegal to distribute in this country. Each infraction carries a $100,000 felony charge. This legislation is also retroactive for any pre-existing inventory as of February 10th, 2009. This means that everything on the shelves in those big (or small) stores will also be "banned, hazardous substances" - contraband.
Larger corporations that can afford testing will incur thousands, maybe millions of dollars in fees, and this expense will be handed down to the consumer, probably making the prices for children's products go through the roof.
This also means that after that date, even selling your kids old things on eBay or Craigslist will be illegal. Charities will not be able to accept donations without a certificate of compliance either. February 10, 2009 is being dubbed "National Bankruptcy Day" by many people in the apparel and toy industry. If this legislation is not amended, it will affect everyone from port workers to parents looking for legal products. Billions of dollars worth of children's products will have to be destroyed because they can't be legally sold, and this will cause major environmental problems.
While I am all for higher safety standards and keeping our kids safe, this law is so overreaching as to put thousands on manufacturers of children's products out of business -hurting our economy and causing even more loan defaults. Though this legislation was well-intentioned, it cannot be allowed to stand as is.
Please help us defend the American dream and our entrepreneurial spirit! This law affects every stay at home mom trying to help put food on the table and every grandmother knitting blankets for the local craft fair. It makes the thousands of us who have found a niche in the burgeoning children's market have to make a tough decision - continue to produce items illegally and possible incur a $100,000 fine, pay the enormous fees and raise costs of goods sold, or close up shop!
Please help us!
Contact your Congressperson here: http://capwiz.com/american
It only takes 30 seconds!
If you have an extra minute send a hard copy of the letter as well!
To sign the online petition visit here: http://www.ipetitions.com/
Read more about it here
http://www.nationalbankruptcyday.com
http://www.fashion-incubator.com
http://www.cpsc.gov/ and http://www.cpsc.gov/ABOUT/Cpsia/cpsia.html
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