CPSIA: The effect on retail stores

[Vicki P]

Earnshaws did a survey last week and considering this law takes effect in just a fews weeks, the results are interesting to me:

Earnshaw's asked: Are you aware of the new Consumer Products Safety Improvement Act and its impact on the manufacturing and selling of kids’ goods?

You Responded:
20% Yes

43% Yes, but I’m still not clear on it

37% No, what’s that?

[Erin Blanton]

I am a retailer with a toy and book store in Virginia.

I understand that on February 10, any children's item with greater than 600ppm lead (surface coating or substrate) will be considered a banned hazardous substance and cannot be sold. My most pressing issue as of now is my existing inventory.

I am doing my best to obtain certification from my manufacturers (I have about 350, which isn't a huge number, but it's big enough to be a lot of legwork) regarding the items I currently hold in inventory.

In the meantime, can anyone tell me if the following statement is true?

As of February 10, 2009 all of the inventory that I sell (including that which was purchased prior to that date) must have an accompanying Certificate of Compliance from the manufacturer, stating that the inventory meets the lead standard as of 2/10.

For example, we hold a number of toys that bear the CE label, indicating that they pass certain European safety standards. I am confident that these pass the 2/10 lead limit in the CPSIA. I am not able to gather certification from the vendors for some of these items. Am I only "in trouble" (sorry -- can't think of a better way to put it) if I sell one of these items, and later on it's tested by someone (or recalled, I suppose) and found not to comply? Or, am I "in trouble" if I sell it, period, without having a certificate on file -- regardless of whether it passes the 2/10 lead standard or not?

I spoke with one of my vendors this morning regarding an item scheduled to ship this week. I asked whether it would ship with certification that it meets the 2/10 lead standard. She said that items manufactured prior to November 12, 2008 (which this item was) do not require any sort of certification. I understand that as it relates to the August third-party-testing deadline, but am unsure of whether that answer works for the lead limit question. Anyway, I told her to hold the order while I continued to research.

Thanks!

[Kathleen F.]

[Erin Blanton]

I'm going to reply/add to my own question, because I think I might have gotten it clear in my head now.

1. A GCC (issued by the manufacturer) is required for all items manufactured after November 12, 2008.

2. If I'm holding any inventory manufactured after November 12, 2008, that doesn't have an accompanying GCC, it should not be sold, period.

3. If I'm holding any inventory manufactured before November 12, 2008, it doesn't need to have an accompanying GCC, and is OK to sell now and after 2/9/2009 -- assuming that it meets the lead standard. If it's found not to meet the lead standard after I sell it post-2/9/2009, then I'm liable.

4. It would be in my best interest to obtain GCCs for items manufactured before 11/12, if possible.

Does that sound right?

[Erin Blanton]

Kathleen -- oops, I cross-posted with you. I am not sure if I can edit posts as a guest. Thanks for your input.

[Vicki P]

Eric, how did you become aware of the law?
Based on the Earnshaws survey, there are quite of few retailers that are clueless or if they have heard about it, do not have the information. Just wondering how you heard and how the information is getting to the retailers.

[Erin Blanton]

Vicki, I'm a member of ASTRA (the American Specialty Toy Retailing Association), and first heard about the CPSIA back in the fall from Dan Marshall (he's also an ASTRA member, and I believe the founder of the Handmade Toys Alliance) on our retailers' list serv.

[Kathleen F.]

[ShariB]

So nice to find another retailer on this site!
Unlike you Erin, I am fortunate in some ways to be smaller (only 32 lines to consider) but unfortunate in that none have any certificates and many of my lines are sadly going out of business.

Erin/Kathleen or anyone else, can you please clarify the 3rd point Erin is making? I just want to be sure what I understand remains to be true (and depressing):

Any inventory in my store for under 12 (all of it) regardless of manufacture date, must have a certificate of compliance in order for me to legally sell it On Feb 10, 2009 and thereafter?

Since most of my lines are small manufacturers and one of a kind pieces I have been assuming all of my inventory will be deemed hazardous come feb 10 since none have certificates sowing testing fabrics and woods or paints they used months ago. I hope you guys understand it otherwise based on your findings! But the way I understand it is as above. Is this correct?
Thanks so much,
Shari

[Kathleen F.]

[Eric H]

Wow, retailers are finally starting to figure it out:

http://www.snohomishtimes.com/snohomishNEWS.cfm?inc=story&newsID=225

http://www.columbusdispatch.com/live/content/local_news/stories/2009/01/01/TOY_STORY.ART_ART_01-01-09_A1_42CD4T8.html?sid=101

[ShariB]

Thank you Kathleen. I have read your post regarding what to do as a retailer (like 20 times now And sadly I think because we are so small in the scope of thngs, and our clothing seasonal, and bought outright, the burden is on us to sell before Feb 10.
It would be nice if we could continue to sell OOAK but small exemptions like this don't help the cause or my boutique in the big picture.
Thanks again for clarifying that what I thought is truly how it's all going to play out. I just wish some of my vendors would get it. I know a lot of people think retailers don't get it...but I contacted all my vendors and reps for my clothing lines and they all said "no it doesn't apply to clothing". Argh! Hopefully we can all be on the same page before Feb 10.
Thanks again.

[Erin Blanton]

[Jennifer, TheSmartMama]

Items manufactured before 11/12/08 do not need to have any general conformity certificate. After that date, only products subject to a regulation, ban, limit, standard, etc. need to have a general conformity certificate. For example, on 11/13/08 children's sleepwear manufactured on that date or imported on that date, was subject to the flammability standards, should have been accompanied by GCCs.

Thus, children's products subject to the lead limit content (and no other regulation such as flammability or lead paint) do not need a general conformity certificates until the lead content regulation comes into effect on 2/10/09. That is what the CPSC is explaining in the frequently asked questions. For products manufactured after that date, a GCC will be required from the manufacturer or importer certifying that the product meets the lead content limit.

But here is the but. The lead content limit applied on 2/10/09 to all products regardless of manufacturing date. The CPSC has declared that any product that doesn't meet the lead content limit on that date will be a banned hazardous substance. So, even though a GCC wasn't required for the product manufactured or imported on 2/9/09, to sell it on 2/10/09, a retailer must KNOW that the product meets the lead content limit. Having a GCC would be ideal. If not, then the retailer has to get something from the supplier to be able to sell the product (not just the knowledge) or test the item using, for example, XRF.

So, basically, I'm disagreeing slightly with Kathleen - although practically speaking, you basically do need GCCs for all children's products as to lead content, you just aren probably not going to get them if the products were manufactured before 2/10/09.

Hope that makes sense.

Jennifer
www.thesmartmama.com

[abigkahuna]

I make tye dye and sell at county and state fairs. Obviously my wife and I are a micro business. I have read the FAQ's and the law and am unclear about something like a tye dye shirt or onesie for someone 12 or under.

Is there any clarification here? I also sell shell necklaces and make hemp necklaces, bracelets etc that could contain beads. I also sell incense to those 12 and under as well as make and sell ceramic incense burners that minors 12 and under have purchased in the past.

In fact while my products are geared to older patrons, we have plenty of tweens purchasing our items. While not considered "toys" I guess kids could decide to gnaw on a tye dye or stick of incense as well as a necklace .

Actually I have seen many kids chewing on their "bling"

I have written my congressman, the CPSIA and the WFA, (Western fair Association), because this issue impacts the fair industry greatly.

Anyway, any guidance on tye dye?