Today marks the launch of a new way large and small manufacturers and business will have to conduct business. Today the CPSIA law goes into effect! Yes, effect! If you need to know more about what it is you’ll have to read my previous posts as it’s quite a lengthy, complicated, hard to understand, misinterpreted piece of legislation that was passed by the house in August 2008 and signed by then President Bush.  Although many, including NAM (National Association of Manufacturing) wanted the effective start date to be suspended for 185 days the request was denied by the CPSC with a unanimous vote of a big whopping 2-0! 

In an effort to ease some confusion about the law and for the CPSC to allow itself time to work things out they issued a temporary one year Stay of Enforcement , be sure to read the fine print.  This stay basically means they don’t have to come after you since they won’t have time because they are still trying to address concerns and issues brought up about the law to the department.  So the stay does not get you off the hook from complying, it only relieves them from having to enforce it for now.  And, although the CPSC has relieved themselves from having to enforce it for now, many State Attorney Generals who have been deputized as well as very active special interest consumer groups will be standing by waiting to fill the enforcement job.  Wonder if the Mom’s Rising group who sells t-shirts, mugs and baby onesies has had their testing done on their products or requested their supplier (Zazzle) to send them their testing certificates!  Funny how this group says "And we played our part too. MomsRising members sent nearly 100,000 letters in support of this legislation."  Yet so many manufacturers, retailers and craftsmen had no idea it was even being considered.

In trying to "do the right thing" small retailers and crafters are realizing that many large manufacturers are not yet compliant.  Some are still not sure how, when or even if the law is still a "law" and don’t seem to understand the scope of the legislation and how it affects manufacturers.  This leaves retailers confused, because even though the CPSC has placed a stay of enforcement (enforcement only …not implementation) retailers are having a hard time getting their GCC’s (copies of testing certificates that the CPSIA says they are to have in order to sell a product).

Today, February 10, 2009 the CPSC issued its first round of Guidelines for Small Businesses, Resellers, Crafters and Charities.  If you are not sure if this law pertains to you or how or what you should do…just take a peek at their guidelines.  Bottom line, if you aren’t ready or planning on getting ready pretty quick then the stay once lifted (which can be done at anytime without notice) will be enforced head on by the CPSC.  And if you support the CPSIA with the way it is written then make sure you are not affected too before jumping in the rocket without inspecting your ride.  Otherwise you’ll be headed for a downward spiral fall with the rest of us.   

MORE CPSIA Resources:

www.600ppm.com – Everything you need to know to stay compliant – heck even the catchy domain name won’t let you forget!

Walter Olson – www.OverLawyered.com – has written a complete set of chronicles (heck he may have a book ready by now) about CPSIA, and with his efforts
Forbes.com has published a 50 state survey of business CPSIA distress.

The Official CPSIA Cheerleader (keeping our spirits up when needed) – has recorded group phone calls about CPSIA

www.theSmartMama.com – Jennifer Taggart, Product & Safety Attorney has been helping businesses interpret and understand the law and has generously helped small home-based businesses with testing and compliance certificates.

www.FashionIncubator.com – Kathleen Fasanella,  the top resource for CPSIA understanding and speaks out for manufacturers in lobbying against the CPSIA as written.

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One Response to “Houston – We have lift off! CPSIA is in flight!”

  • Jason says:

    Thanks again for highlighting the CPSIA issue Donna! Consumers don’t see the side effects yet, but they’ll see it soon when their favorite family-owned boutiques and favorite independent brands disappear.

    Everyone wants safe products, but when legislation requires US-based small business that already produce safe, organic products to pay over $1,000 per product for third-party lead and phthlate testing…something is definitely wrong.

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