It is a well meaning, but poorly written piece of legislation. (Is there ANY OTHER KIND???) I say "Fear not!" For the inspectors have a backlog of prosecuting those who tore the labels off their mattresses. :shock:

Does anyone know if donated quilts, that we don't sell are included in this new law? For example, quilts made at our church and given to the homeless shelter in town who then give them to their clients. No sale of the product takes place. Or gifts we make for a baby shower? It seems like the law only refers to items for sale....

FabricWhisperer wrote:
It's my understanding also that Chinese manufactures (for example) can test their items at labs in China and submit their compliance certificates electronically. If they were already breaking existing lead paint laws, why do we think this will be reliable?

Also, in Aug. the lead standards get more strict, and non-destructive testing methods will no longer be accepted. That means the item being tested will be destroyed. Say bye-bye to selling or buying real one of a kind baby quilts.

Every thing which comes in to this country which is for children or intended for children under 12 will be tested. It is a reaction to the mess we had with the toys from China. While it has good intentions...it is the details which will kill industry.

The law is far more reaching...even after say...these 'components' are tested and receive a label...they must be tested AGAIN once they are made into something.

An example: Say I buy fabric from JoAnn's. The manufacture has already had the bolt of fabric tested. That certificate does not travel with the bolt. The system is just not set up for this particular tracking of the fabric. I buy two yards of the fabric. I make a quilt to sell or donate. I must then have the fabric (fabrics), thread and batting tested again. I will have to have all the components tested, labeled and registered again with the final product. It puts the final responsibility on the 'maker' of the product. This is why it is going to kill small companies and the cottage industry.

Those hats that folks knit and donate to hospital for babies...the yard needs to be tested in the final product.

Do you know...where your fabric is made? Where did the dye come from? What was the process of making the fabric. Same with thread? Where kind of dye was used...and were did the dye color come from?
Sometimes...we think of the distributor of the made fabric as the manufacture. These are two completely different enities. The distributor does not have to carry the certificates. So say...company x is the distributor of the fabric which JoAnn's sells...they do not have to carry over the certificate...the same as JoAnn's does not have to carry certificates either. This is why the burden is placed on the maker of the item.

Did you know this law also covers children's books? Any one who homeschools and buys supplies...has already noticed you cannot buy certain supplies until they can obtain the certificates. You will not be able to sell childrens books unless you have a certificate of lead testing. The components of the books...ink, glue, paper, bindings all have to be tested.
Those library book sales...nope cannot happen with children's books unless they have been tested.

As the law is written now...NOTHING is grandfathered in...nothing.

The devil is always in the details.

Again...I support this law in theory...however...it will kill small business, cottage industries, hand made for children.
The dead line is looming...Feb 10th and we still do not have answers to questions. Frankly, few of them actually understand the law and these folks voted for it.

Again...if you don't understand and have not heard of this law...please read the Forbes article I referred to in my earlier post.
It really breaks this law down as to what it means to business and consumers.

FW

I live near the Port of Los Angeles and see all this stuff from China coming in every day--I think the restrictions should start there first!!! Judy in Torrance

I think we'll see lots more laws like this in the years to come. Our freedoms are nearly gone, and we're not doing anything to stop it.

Have you "Tinkled" today?

Talk about the road to hell being paved with good intentions. I also support the idea behind HR4040, but is seems that the legislators haven't really thought this through enough. Add my name to those who have contacted their representatives to take another look at their work.

Thank you for the information about this law. I co-chair the "Kids Komforts" project for my guild. We have 100's, if not 1000's of yards of donated fabrics, battings, threads, etc. I know our guild can't afford this kind of liability, nor can I or my co-chair. I just checked the Project Linus website, and they haven't reached any conclusion yet.

susan

No one wants to produce an item which is harmful to children under 12. As I said..I support HR 4040 in theory...however...when the rubber hits the road it is poorly written.

I have to say...lawyers have been all over this current law. And no one has yet to find a loop hole in the language used. Two of my gal pals who have small businesses have had their legal folks go over it...and they have not been able to find anything which exempts them. They are set to shut their shop. They simply cannot afford the testing which can run into hundreds of dollars for just one item.
I have been gearing up to start a small homebased business selling several of my items which are intended for children. I can still start my business but need to find another product for which is for people 13 and up. You don't have to test items which are not intended for children. So this changes my business plan.

I have no doubt something will be crafted (no pun intended) but it will take time. But in an economy which is struggling...it is a terrible time for this to go into effect.

Large companies will comply and have the inventory to go on to the shelves...perhaps with some blips. But they will be fine, however expect to pay more the products because of the testing.

Please I encourage everyone to read the Forbes article...because it is SPOT ON!! This is the best article written to date...and doesn't 'dismiss' the 'mommy bloggers'.

FW

I'm married to a lawyer, but never fully understand all this legalese. I'll have to have him look at it. I do understand the safety issues, I've had three children! And most of our baby toys came from Discovery Toys, not saying they were totally up and up, who knows? We do want safer laws but I do get concerned that the companies who were sloppy in the first place and forced this issue to come about, will just continue to make bad mechandise anyway, (and we will think it's safe), and the true independent quality toy maker will get screwed! Guess it's a sign of the times. Good thing we have a prayer thread going.
Joan

While I support the theory behind the HR 4040, it has many unintended consequences for home crafters, small businesses and charities.

I will say...even CPSA...is having a hard time clarifying the law as it is written.

Project Linus has a statement on their website they are monitoring what is happening...but the organization does not have an answer yet.

Think of this for a minute in these terms: A large company will absorb the cost of testing items and pass this on to the consumer. The small company because of the low number or one of a kind item will have a more difficult time passing the cost of testing on to the consumer.
Anyone who makes a quilt, toy, etc...is considered a 'manufacturer'...and you are making an item which has components which need to be tested. Just because a fabric manufacture has tested the item...YOU must also test the item again once it is completed with the components and have it labeled.

Now...to move on to charities...these are not exempt from the law as it is currently written. Those items will have to be tested also. Here is the sticky wick... let us say...the same item which a seller on Esty makes is the same item a quilter makes and donates.
The seller must have this item tested...the quilter must also have the item tested. Saying that the quilter of the item has made it 'from the heart and with good intentions' does not make the item safer. Many times quilters use donated goods to make quilts and such we don't know where those items originally came from. So to say a donated item is safer...is the sticky wick.

Just because you are using cotton to make an item...do not think it is safe. It is the dye in the cotton which could contain lead. Most of our fabric come from overseas...where regulation of dyes, colors and processes are lower.

This law as it is written will kill small business...and hand made goods. It will also affect charities which donate to children's needs.

There was only one dissent vote on this bill...and it was Ron Paul...why? because he understood the inpact on the industry.

Forbes mag had a great article about HR 4040...
http://www.forbes.com/opinions/2009/01/16/cpsia-safety-toys-oped-cx_wo_0116olson.html

Resale items got a 'pass' HOWEVER...but shops and sellers and such can still be prosecuted under the law if discovered they are selling items on a recall list.

Please write your Representatives about HR 4040. It will kill off small businesses who cannot afford the cost. And yes...it does affect those making things for children at Craft Shows. So that hand made toy you bought...you may not be able to purchase another.

FW

I think the fabric companies will have to certify that their fabric was made without lead in the process. We will still be able to quilt we will just know the fabric / batting/ etc was made in a lead free way...

The law will probably be grandfather in ( this is the way manufacturing laws usually have taken effect in the past.)

Frankly, I WANT CERTIFIED LEAD FREE PRODUCTS... I do not want imported product that do not stand up to our country's protective legislation. I do not want my grand baby sucking on a toy with lead paint or parts.

IF YOU had ever had to give CLEATION THERAPY to a child with lead poisoning you would understand where I am coming from and what my concerns are.

I love home crafted items and craft shows, but frequently they are over run with imported junk... I want them to be at least safe.

I signed the petition. My boys had many wooden cars and trucks and games that we would buy from craft shows. In fact we still have all of them! Talk about the test of time! My oldest is 24! What will happen to the quilts for Project Linus?
Joan

Yes, I learned about it first from another TQS member who stated that she will likely have to close her small business on ESTY.com because of the soon to become effective new law. This law is an example of good intentions gone very wrong.

I have sent letters to my senator and representative. Thanks for the reminder!

Nancy