New Law That Will Affect Us All ...

[Faerydae]

Note: Feel free to cut and paste this anywhere you like for discussion purposes.

Well, I am NOT hearing ANY discussion of this on ANY art doll, handmade, or sculpting list or group outside of Etsy.

So I'm going to start it! :)

Folks, as of February 10, 2009 - most, if not all what WE make and sell could very well become ILLEGAL TO SELL IN THE US. This is not hyperbole, this is a FACT and a law - that unless something is changed - AFFECTS US ALL.

As a result, for those of us that create art dolls, there is a movement growing about removing them term "art dolls" from what we do - more specifically the word "dolls" - because if this law as it is currently written - ANYTHING that is geared or even possibly seen as being geared or made for children will be required by law - to be tested. It is far reaching, and will affect EVERYTHING if it remains as it is written. (It will likely not get voted in as it is written - but we can HELP to see that it doesn't by speaking up about it and being aware that it exists).

BUT - if it is thought or implied or in any way able to be seen as a item meant or geared for children, it will be REQUIRED BY LAW to be tested and be certified as passing the test to be legal to be sold in the US, including everything that is used to make the item. EVERYTHING.

And unless the items that we use to make the item come from the same batch lot - they have to be tested by itself and not as a batch.

It's a HUGE thing on Etsy right now.

As taken from a post by marionscott77:
Here is a quote from the Certificates of Compliance ( http://www.cpsc.gov/businfo/frnotices/fr09/certification.html ):
"The Commission is also designating the domestic manufacturer as the sole entity that must issue the certificate required by section 14(a) in the case of a domestically produced product. This certificate must be available to the Commission upon request before the product or shipment is introduced into domestic commerce."

WE are domestic manufacturers. Doesn't matter if we do wholesale or resale or direct or whatever. We are still the manufacturers. WE must be able to provide certification of compliance with lead testing by Feb 10th or pull our products off the market. This certification can ONLY come from a CPSC-certified third-party laboratory. All substrates of your products in all iterations must be tested (and yes, fabric is a substrate).

( Read this entire thread here: http://www.etsy.com/forums_thread.php?thread_id=5935591 )

Reborners will get hit hard, but ANY of us - if our work can be in ANY way seen as geared or meant for children - even if we state it is not .... this can hit us too.

http://news.yahoo.com/s/ap/20081224/ap_on_bi_ge/tainted_toys

We NEED to come together - even though we are NOT creating "toys" - this WILL have an umbrella affect on us.

Taken from http://www.handmadetoyalliance.org :

It's Not just Toys!
The CPSIA does not just affect toys--it regulates all products for children under 12. Clothing, school supplies, cloth diapers, car seats, boy scout patches, bicycles, sippy cups--everything. Congress in its wisdom decided that a problem caused by irresponsible mass-market toymakers should be solved with a one-size-fits-all solution for dozens of industries totally unrelated to toys.

The Handmade Toy Alliance supports the parallel efforts of other industries to gain relief from the onerous enforcement mechanisms imposed by the CPSIA. Although we have proposed our own ideas that would help small toymakers, we believe that the following reforms of the CPSIA would be fair, just, and appropriate to all affected industries:

**** The law should be scaled back to focus on products that were an issue in the first place (namely: toys and children's jewelry).
**** Enforcement should allow component versus unit testing. Manufacturers and/or industry groups, in cooperation with the CPSC, should decide the most rational method for their situation.
**** Testing frequency rules should be adjusted to allow smaller companies that deal with smaller runs the ability to stay in business.
**** Random testing could be part of the legislation in place of some of the more burdensome requirements, especially for "low volume" companies.
**** Companies should be allowed to keep testing certificates on file instead of re-sending them with each order.
**** The law should be simplified to be understandable, while maintaining (or improving) its effectiveness.
**** Batch Labeling should be required only for companies producing more than a certain quantity.

MORE LINKS!

http://www.etsy.com/forums_thread.php?thread_id=5935591
http://www.cpsc.gov/about/cpsia/summaries/102brief.html
http://www.cpsc.gov/ABOUT/Cpsia/legislation.html
http://www.cpsc.gov/library/foia/advisory/322.pdf
http://www.nationalbankruptcyday.com
http://www.fashion-incubator.com
http://www.apparelandfootwear.org
http://cpsia-central.ning.com


This will affect how you sell what you make *ANYwhere* - online, garage sale, flea market, etc.

Here is Etsy's new rules for it:

Etsy's TOU outlined right here under the number 5 heading:

http://www.etsy.com/terms_of_use.php

When each seller signs up to sell on Etsy, they agree to these terms and are each responsible for their own items.

From the TOU:

"Restricted Activities: Your Content and your use of Etsy shall not:

5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall."


Let's get this spreading through our mailing lists and discussion groups and start getting INVOLVED as a group to help CHANGE this. Let's get talking about this and protecting ourselves and our art and our businesses.

One thing that we CAN do to IMMEDIATELY protect ourselves might be to immediately cease using the terms "dolls" or "toys" with our artwork. That one term alone might be enough to cause our work to seem as if it is meant for kids - even if you slap on a disclaimer saying "Not for children".

And if you post in the "Dolls and Bears" or maybe "Toys" or "Children's" categories - maybe you might want to reconsider that right now. These are some of the things I sort of hope to get everyone talking about - not only to be aware this is going on but to have all of us brainstorming about ways to help protect ourselves and our art.

So let's get that ball rolling and start talking!!

[Regina Moore]

Perhaps we should all agree on a new category name....if we get it out there...then others will know how to find us.
suggestions being:
1. instead of "dolls"......start using the term "collector item" or maybe intead of just ooak being put in listing do it as ooaks (one of a kind sculpts)

Being a parent I can understand about the issue at hand in protecting our children and their "toys". Being an artist for more than 40+ years I can understand our art not being tampered with as well. Don't you think if we all just change how we present our art that we can take ourselves out of this potential problem? I agree.....we need to stand together...put our thoughts together and find a way to protect ourselves. Hugs, Regi