[Gail]

I searched the forum for info on this topic but didn't find anything.
This new law to take effect 2/9/09 will affect all handmade items that may get into childrens hands.
New Law
This law was signed by Bush during the presidential rush last fall and puts the small business owner under an extremely costly procedure.
The law will certainly have a trickle down affect if allowed to stand as written. Jewelry suppliers will lose customers, web site hosts will lose customers, etc. etc.
As I read it, any jewelry will have to be tested for lead (this is a destructive test) and could cost $70 to $300 each piece. And every different piece has to be tested.
There has been a lot of discussion on Etsy over children's clothing about this.
You only have until Jan.20th to e-mail comments.
This law will certainly cause my business to close if left as is and it will affect all overseas sellers that sell here in the US.
I would like to hear John's (Monsterslayer) and Russ' take on this law.

[shemakescharms]

Can there be a disclaimer on such products? I already use one on my jewelry that it's not intended for small children due to small parts, etc.

[Gail]

This law also affects current items (no grandfather clause) and even items for sale on e-bay, etc.
No doubt e-bay sellers won't be able to comply with the law if their selling OOAK items.

[kadydid]

Here is what I'm wondering...

First...does this only pertain to items specifically intended for children? I read the article and part of the law, and it seems to target children's products.

Second...I've still lodged a complaint because it's ridiculous. Not that we shouldn't take measures to protect your children from hazardous products, but that it seems very little thought was put into this and that it includes products that historically have had NO problems. I love buying handmade things for my children and for gifts. And I have made children's jewelry in the past, but only of stelring and glass or gemstones, but still. I'll not be doing that anymore.

Third...if the components that I buy have been tested, then why should I have to do it again?

Fourth...the vast majority of my jewelry and rosaries are intended for adults only, and on the non-sterling pieces I have indicated that. I do not sell children's products, so what does this mean for me? Children can and will get their hands on anything at all. Does this mean anything and everything sold in the US has to be tested? And what will that do for our already inflated prices and poor economy?

Fifth...how long does this testing take? Even if it were feasible to do the testing, how long would it take to actually be able to sell and item? I'm thinking there's going to be an awful lot of empty shelves come Feb 10 if it takes too long. And if I'm reading it right, anything already at your local Toys R Us would have to be sent back for testing, yes? My son's b-day is Feb 22, I guess I'd better do his b-day present shopping now!!

These are the things that came to my mind, any other thoughts?

[Gail]

How do you really limit your jewelry to adults only?
Many of my customers buy jewelry for their family & relatives, some are children.
And what about the items I have on consignment?
Will the consignment shop make sure the items aren't sold to/for children?
I think not.
I don't know if the "adult only" disclaimer will work.
Only time will tell after there are a few court cases.
But I certainly can't afford any lawyers and court time when I'm sued.
Stupid government!
They could never write a good consumer law and this proves it.
And you think you can't afford the cost of living now.
Wait until the government finishes protecting you. :angrysoapbox:

[krysmh]

I spent hours researching this a couple months back and read the actual law... the only jewelry affected by this is that which is intended for children 12 and under and obviously marketed to that group... not just anything a child might get a hold of.

None of our jewelry is suitable for children.

Big toy makers have already made some changes necessary. I doubt anything will change on the shelves Feb. 9th. Well, the ones that are doing anything, anyway... I'm sure some will skirt the law and forge records.

[kadydid]

I did just think of something. I get lots of orders for First Communion rosaries, that means they are gifts for 2nd graders, that means 8 year olds. That little corner of my market will be interesting to watch and see what happens. But also, there goes about 3/4 of my spring income as well. Well crap. I just ordered a bunch of First Communion centers too, in anticipation of those orders.

[M2bC]

There appears to be lots of discussion about this law (CPSIA) over in the Etsy Business forum. Lots of people talking about writing to government officials and news agencies. They may even be getting some traction.

Etsy business forum

[Gail]

It was the spin off from Etsy that got me concerned.
And as Kadydid mentioned, this DOES affect her business.
Your government helping you out - out the door, that is.

[krysmh]

It's a ridiculous law. Obviously the lead and other problems in children's products of late is a huge concern and one that needs to be fixed, but like someone said (I think it was someone on Etsy) - this law is like squashing a fly with a sledge hammer.

[Bejeweled]

this just does not make sense.there is NO WAY i could ever afford this!!!

[shemakescharms]

I've been thinking about this today (and trying not to stew too much). I would normally have quite a few orders during my end of this month open house, specifically for older children, charms/bracelets with first communions and confirmations in mind. My solder specifies that it is lead free, a point which often comes up in my sales. But I use some silver plate which I see now falls into Category 2 (I'm looking at Rings n things catalog http://www.rings-thi...ry-safety.html). According to what I've been reading (and I haven't done EXTENSIVE research), it seems like all silver has some potential for "lead" just in the nature of processing. So are we not going to let children hold keys, door knobs, electronics (!).

I worried when my kids were little and teething when they tried to chew on window ledges, kitchen cabinets, painted toys. Obviously those are big no-nos. And plastics, for babies when you have chewers/gummers. But I already tell people my jewelry isn't for little folk. I don't want the under-3 set gumming any jewelry (I had one lady whose GLASS charm broke because she'd given it to her baby to play with in the grocery store and he dropped it--no, that didn't break it--and then the cart RAN OVER IT!).

BTW, All of my kids were tested for lead at appropriate ages because we lived in a pre-1970's house with "potential" for lead paint (as are all houses pre-recent days). Never was a problem for any of my 3.

So, today my thought is along this line. Most of what I sell is to adults. Do I tell my customers that I am unable to test my finished products, but that I am buying category 1 and 2 (state of California) items that have been deemed safe for jewelry? I will make sure that any findings I purchase come from a company that carries that disclaimer? No more e-bay findings for me.

So will there be absolutely NO jewelry for kids, anywhere?

[Caelestis]

I just read quickly through the whole Consumer Protection law as written. The main section of the law concerns itself with "Children's Product Safety". It only addresses items intended for infants, toddlers and children--toys, clothing, furniture. The only mention of jewelry in the entire law specifically describes it as "childrens metal jewelry".

I searched out the definition of "children's product". I found this (quoted verbatim):

SEC. 235. TECHNICAL AND CONFORMING CHANGES.
(a) DEFINITIONS.—Section 3(a) (15 U.S.C. 2052) is amended
by adding at the end the following:

‘‘(16) CHILDREN’S PRODUCT.—The term ‘children’s product’
means a consumer product designed or intended primarily for
children 12 years of age or younger. In determining whether
a consumer product is primarily intended for a child 12 years
of age or younger, the following factors shall be considered:
‘‘(A) A statement by a manufacturer about the intended
use of such product, including a label on such product
if such statement is reasonable.
‘‘( Whether the product is represented in its packaging,
display, promotion, or advertising as appropriate
for use by children 12 years of age or younger.
‘‘© Whether the product is commonly recognized by
consumers as being intended for use by a child 12 years
of age or younger.
‘‘(D) The Age Determination Guidelines issued by the
Commission staff in September 2002, and any successor
to such guidelines.

I'm certainly not a lawyer, but this seems straightforward enough. If you make things marketed toward and intended for children, you must comply with the product testing. If you don't, then you don't have to worry.

And even if you DO make things for kids, the law only mentioned children's METAL jewelry. Change your designs and get rid of any metal, and that should do the trick.

As far as buying materials that have already been certified as safe by a vendor upstream, I haven't a clue--you'll have to wait until one of the big guns, John or Russ, chimes in on that one.

ETA: I poked around some more and found this ballot vote (that was due on Jan 5) which specifically lists items that the body that is creating the law regarding children's jewelry feels should be exempted from it--precious and semi-precious gems, metals, peals and a few more things. They do mention NOT exempting solder, however. Again, avoiding the use of metal in children's jewelry should get around the law nicely.

OH--and here's the link to the clarification about used items.

I'm done now--gotta go back to cleaning up my shop!

[kadydid]

So far the only kind of jewelry related things that have been exempted are gemstones and pearls. Plastics could have that other thing (can't remember the name) in them. Then there would be the clasps and the stringing material or wire as well.

For my First Communion rosaries, can't get away from the metal. Even if I stung them instead of using the chain and pins, the center and crucifix are still there.

BUT they have now come out with an exemption for resellers, like thrift stores and second hand stores. I think this shows they are thinking about the impact if this law and how to better define it.

Most of what I have read calls for testing only of products that are intended for and marketed for children 12 and under. Most of what I sell, and I think most of us here sell, doesn't fall into that catagory. It's still ridiculous though, and I feel bad for a lot of businesses that specifically cater to children. If the law doesn't get amended I think there is going to be a pretty empty catagory on Etsy! Too bad to, I like to buy stuff over there!

[krysmh]

I know... I was planning on buying mostly handmade toys and such. I hope they're still around by then.

Gotta love the government. *sigh*

[Gail]

It does seem that someone in Washington is listening.
Even Glenn Beck got into this on talk radio and how foolish it was pertaining to the small handcrafted businesses.
I can only hope that there will be a way to use the disclaimer for adults only.
And how do you get away from metal in jewelry? Most of us have at least one piece of metal in our creations.
I was really glad to see all the comments here and have been somewhat relieved by the comments.

[kadydid]

I really believe if it is not jewelry that is geared toward children it will be fine. As has been been mentioned before children could get ahold of anything, but not everything is marketed or intended for them. And from what I've read of the law, it says products that are intended for the use for children under 12.

I don't think that just not using metal will make any difference. Because ALL products intended for children must be tested, whether it's yarn or fabric or metal or plastic and regardless of if it's a substance that is naturally lead or chemical free. There are only a few materials that have been exempted so far.

From what I am reading, it's all a big mess. I guess there are lots of new guidlines and interpretations to come and many hope there will be exemptions for home crafters or small businesses.

Oh, and from what I understand as it stands now a finished product still have to be tested even if the compnents were already tested and shown to be fine. How's that for redundancy? Your government at work!

[krysmh]

I'm pretty sure Kady is right. If it's not obviously a child's item promoted to and for children, it's not a problem. I thought the law was pretty clear on that point.

[KDorman]

I gotta agree with Crystal, this law is like squashing a fly with a sledgehammer.

Odd, tho, it only applies to handcrafted products. I could be wrong, but the mass manufactured Chinese imports sold by mega-retailers have been the biggest source of lead contamination issues. The certification requirements for imports seem very vague.

Like I said, I could be wrong. But from what I've read so far, the law seems specifically targeted against crafters.