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CPSC Lead Final Rule

 
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Lisa DOWNTOWN JOEY
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PostPosted: Thu Aug 06, 2009 8:15 pm    Post subject: CPSC Lead Final Rule Reply with quote

http://www.cpsc.gov/library/foia/foia09/brief/leadfinalrule.pdf
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PostPosted: Mon Aug 10, 2009 7:54 am    Post subject: Reply with quote

That is still just a ballot, though, correct??
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Kathleen F.
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PostPosted: Mon Aug 10, 2009 1:15 pm    Post subject: Reply with quote

The skinny on the CPSC's latest posted today
CPSIA: Children's apparel exemptions
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Pamela
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PostPosted: Thu Aug 13, 2009 12:10 am    Post subject: Reply with quote

So from what I can tell all the turmoil and closing of businesses that affected many children's clothing small businesses was for naught. It took the CPSC one full year to determine that the lead in apparel is negligible.

I am speechless.

The companies that just carried on with testing or not now have their holiday and fall line ready to show and sell. Those who were worried about the testing requirements are the fools.

I was surprised this was discussed so little here on this forum (looks like many of the kids clothing people have left) and even over at the Learning Resources blog. Hardly a mention of the apparel exemption.

My business is closed in apparel, we've moved on to another venture.

Pam
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Alison Cummins
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PostPosted: Thu Aug 13, 2009 6:00 am    Post subject: Reply with quote

From what I gather, there is no general exemption for apparel, exactly. Just fabric and thread.

Buttons, zippers, elastic, transfers, ornaments - all these still need to be tested. So a plain t-shirt is fine, but jeans still need testing as does a decorated t-shirt.
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Kathleen F.
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PostPosted: Thu Aug 13, 2009 6:59 am    Post subject: Reply with quote

Pamela wrote:
The companies that just carried on with testing or not now have their holiday and fall line ready to show and sell. Those who were worried about the testing requirements are the fools.

I know what you're saying (fools) but it required people to take a closer look at their supply chain and inputs. Some discovered that critical inputs would not pass -and it was demoralizing.

I did write about the scenario of what would happen btwn those who knew and those who didn't in How to move forward, coping with crisis and what one should do about it along with possible outcomes and consequences for each of the six scenarios. There were two companion entries, Overwhelmed, what to do when you don’t know what to do and more importantly, How the industry has changed forever. The last entry explains how the issue of accountability affects everyone in the trade, it's a paradigm shift. It also discussed opportunities for producers due to evolving trends that I believe will become more evident over time.

In saying that CPSIA has introduced the matter of accountability in the industry and that we now have a paradigm shift, the one thing I have not discussed on the blog (at all) is Proposition 65. It's a California law that has far reaching consequences. This affects EVERYONE who sells any sewn products in the state (not just kids clothes) and being that CA is such a large market, it can only impact nearly everyone. The only people immune to it are those who don't sell there or who are not selling to major stores.

Briefly, Prop 65 is a dragon, a disaster in the making. It makes it illegal to sell consumer products that contain a broad range of chemicals. Worse, there is NO regulation! The law is legislation by litigation. Anyone can bring suit against anyone. Still worse, the one bringing suit stands to gain financially. Typically if you sue in the public interest, fines are paid and deposited into public coffers. Additional monies may be due to repair the environmental consequences. With prop 65 tho, the parties bringing suit are entitled to 25% of the award to do with as they please. In summary, filing suit becomes a fundraising activity. For example, the Environmental Defense Fund has sued 42 major retailers over vinyl in women's handbags. Even Whole Foods has been sued. In short, retailers will be enforcing cpsia-like standards on their vendors regardless of whether it's for kids or not. Also, because they can't set up compliance standards for just one state, it'll be across the board. As goes California, so goes the nation.

However, on the other hand, there's a potential backlash looming in CA considering the economy. CA continues to shed a significant number of manufacturing jobs. Milken Institute showed in a recent study that all the jobs lost in CA went to TX over the past nine years. At the same time, enforcement against CA producers who don't have a garment licensed has escalated. I talked to a screen printer who was cited because his customers (Sun Microsystems, golf resorts etc) don't have a garment license! This screen printer does no sewing at all, doesn't even have a machine on the premises. This is ludicrous. While the economy may be recovering, recovery will be slower in CA. I can only hope that CA residents will begin to perceive how their state legislation is impeding progress and will rescind or modify their laws.

The summary of all this blather is again the fundamental shift that has occurred in the industry that affects everyone whether they make kids clothes or not. Even more so when you consider the fashion piracy law. That's why I've said that it would seem there is nothing short of a full scale war against the industry in light of CPSIA, Prop 65 and DPPA. I think this is an indirect outgrowth of consumer dissatisfaction and apathy against entities they feel are not addressing their needs. Unfortunately, they perceive this generally but not against individual enterprises (who are also affected) they may like. This is not a hospitable environment we're in. It has caused me to consider significant changes in my own business even tho these matters only affect me indirectly. If the situation is hostile, who would want to do this? If no one does it, I'm out of business myself.

Quote:
I was surprised this was discussed so little here on this forum (looks like many of the kids clothing people have left). My business is closed in apparel, we've moved on to another venture.

You're right, a lot of the kids producers have scaled back, left the industry like you have or are taking a wait and see attitude. Part of it is uncertainty, part CPSIA and lastly is the economy.

But I still think there are bright spots. The kids clothing segment is actually doing pretty well. Secondly, recession has this really weird effect. A lot of people actually start businesses because they've been downsized or under employed. Having time on their hands, they'll start an enterprise like this due to the ease of entry. Ease of entry of course is relative, we all know it wasn't as it once was. And sure, the newest entrants don't know the barre has been raised. Let's hope the lesson won't be too painful.
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Rebecca Chiodi
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PostPosted: Mon Sep 07, 2009 6:49 am    Post subject: Reply with quote

Just out of curiosity, do we have any idea when the CPSIA ballot goes up for vote and when we will hear the final regulations? And should we anticipate any more changes before the vote? Also, I want to thank all that have been involved in bringing to light all of the pitfalls of the original law to those people in government that didn't have a clue.
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Kathleen F.
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PostPosted: Tue Sep 08, 2009 9:14 am    Post subject: Reply with quote

Hi Rebecca, there's been quite a few ballots voted on and processed so I'm not sure which one you're referring to. The last big resolution was detailed here. Hope it helps.
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