Finally, someone in Congress is taking action against the completely frustrating CPSIA legislation.  Congressman Anthony Weiner from New York sent this letter to the Chairman of the Consumer Product & Safety Commission.  I’m thrilled people are starting to take notice, and hopefully more local government officials will get involved to be the voice for small business in America - especially those of us who are dedicated to buying American and protecting our children from chemicals. 

You can read his fantastic letter here.  cpsc_kids_clothing_CPSC_LTR_jan_07_09.pdf

One other good thing happened today, for other retailers like ourselves:  The CPSIA published this press release clarifying their expectations of us, as retailers:  http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

If we as consumers and businesspeople can keep the pressure on to clarify and use common sense on the new lead and phthalate laws, we’ll all benefit - and maybe some of us won’t even go under. 

I took Arden to her eye specialist appointment this morning.  Supposedly this eye doc specializes in pediatric eye issues.  He was very weird in person, but Arden loved him, so I guess he really does specialize in talking to the little people.  I felt like a bit actor in the PeeWee Herman show - a little bit.  The good news is, Arden loved going to the eye doctor - she thought it was a big game. The bad news, her sty, or chalazion requires surgery to be removed. It has gotten too large and has recently started to bug her. There’s a chance it can actually rub away the outer skin of the eyelid, which would mean surgery and stitches on the lower lid - but if it stays intact, they can do the surgery, in under 5 minutes, on the inside of the lid.  Hopefully she won’t remember it.  On a happy note, her depth perception is 100%. . . so far it hasn’t hurt her vision. I will just be glad to have it over and done with.  I’m particularly thrilled that her pre-op appointment doesn’t require a blood draw and the surgery is done without an IV - just a mask to put her out for a few minutes.  Right now it’s scheduled for January 20th but we are on the cancellation list for next Tuesday if something opens up more quickly (I hate to wish some other kid would get a cold and drop out, but I REALLY do not want this thing to bust out of her eye like a miniature re-enactment of Alien, the Movie). 

On another sad, and partially happy note:  my Blackberry officially bit the dust today. The trackball has been problematic for a long time - it kept popping out, and I’d shove it back in there. I even resorted to crazy glue once when I was very desperate.  Today it popped out again and I broke it completely when trying to, as they say in the South, “mash the button back in ‘er”.  I am currently waiting for Mike to get home so I can go get an iPhone. I am not buying another Blackberry. Once I learned, by playing with my brother-in-law Frank’s iPhone, that Lo and Behold, I can process orders on this thing (!!!!) I was sold. 

It’s not the best time to be buying new anything, but I have no choice. I can’t even answer my own phone now. I can dial numbers, but I can’t check emails and I can’t answer the phone when it rings.  It’s been pretty annoying, especially since a customer decided today to call me 16 times but would never leave a message, and therefore I had no idea who it was until she finally broke down and left her name and number in the voice mail. 

It’s off to the Apple store iGo!

It’s been a day.  I’ve mentioned before the upcoming CPSIA legislation and how it’s going to effect small businesses, but until today, the reality of how it is going to effect US didn’t hit. 

First, let me say that I don’t want lead in my children’s toys or my children’s clothes.  That being said, I wholly support a REALISTIC approach to lead testing.  For example, if every single item I use to make a onesie is certified lead-free, I don’t believe I need to test it again on the off-chance that all those items, when sewn together, will suddenly have a party and become lead-filled for the fun of it. 

For those of you who aren’t aware, the legislation was done by some well-meaning politicians in a knee-jerk reaction to all the lead toys coming in from China.  What’s ironic, as one of my friends so eloquently puts it, is that the legislation isn’t going to affect those big corporations who started this mess - companies that mass-produce and can afford to test.  It’s going to affect people like me, and all of our manufacturers.  She says, and I quote: “I can’t even come up with something coherent to say. I just followed the link on your blog and started poking around the interwebs, and here’s what I don’t get. Last year everyone was up in arms about the radioactive lead-filled dogshit toys coming from China, and so the answer is… to put small American manufacturers out of business, thereby leaving only the large companies that outsource their manufacturing to… China? What? Someone jerked their knee in government and this is the polished turd they came up with, sounds like.”

Couldn’t have said it better myself.

My brief synopsis, though the legislation itself is so complex you need both a Juris Doctor and a Masters in Chemistry with a concentration in Manufacturing to understand it is the following: 

The upcoming CPSIA legislation will require every color and product variation for children to be tested for lead (meaning if you manufacturer a “got boob” onesie in black, red and white, even if all the products you are using are certified, you still have to pay to get it tested three times). Most of our manufacturers do not have the money to comply - each test runs between $250-$1400 depeneding on how many elements are involved. Many will go out of business in August when they are required to furnish the certificates and can’t. However, one thing I didn’t count on was what happens to the inventory we are holding. On Feb 10, 2009, we have to get preliminary certs from everyone we sell.  Those can be from their raw product manufacturers (ie, someone who makes nap mats would get certs from the cotton material manufacturer and the fleece manufacturer). However, all the inventory we are holding may not comply, so we are looking at eating a shload of inventory sitting in my attic. We won’t be allowed, by law, to sell it. Did I mention that cotton has really never been a culprit for lead?  Yeah, doesn’t matter.

And then what happens?  What happens in August when the raw materials certified aren’t enough, and each manufacturer must test every variation of their product? An example from Boutique Cafe goes like this: “To put a real dollar amount to testing one of my products, I solicited a lab quote. I was told it was $75 to test for lead per garment component and each substrate. Coated or painted items such as buttons are $100. So my Little Red Riding Hood Shirt, a 100% cotton knit shirt with an appliqué made from 7 cotton fabrics and 2 buttons eyes would cost $625 to test for lead. Flammability testing is also required and is either $50 for a certificate per component stating it meets weight code or $100 for actual testing. So add another $400-$800 for a grand total of $1,025-$1425. in testing costs for a shirt that retails for $40. If the shirt is offered in another colorway, the same testing is required despite the fact that the same fabrics are used throughout.

CPSIA will be retroactive and takes a guilty-until-proven-innocent approach with extremely hefty fines for violators. As written, any product used by children 12 and under (such as toys, footwear, carpets, clothing, bedding, luggage, lamps, toys, books, magazines, baseball cards, consumer electronics, school supplies, office supplies, jewelry, housewares, sports equipment and so on) without the newly required certification would be deemed hazardous, whether the item poses an actual threat or not. So on February 10, 2009, any unsold merchandise (in big box stores, the corner boutique, your fabric stash, Good Will donations, etc.) will be deemed “hazardous goods” and illegal to sell unless 3rd party testing proves otherwise. By the way, there are only 14 said labs currently in the United States.”

For those manufacturers that do survive, who do you think will pay for the outrageous fees?  You will - the consumer. 

For my small little group of nap mat and onesie manufacturers, we are trying to band together an a.) figure out what the law is really saying and b.) survive.  Here’s what you can do to educate yourself and support amending this law (thanks BoutiqueCafe.com for the list):

What can you do?
1) Email or call the CPSIA - the office of the CPSC ombudsman 888-531-9070.
http://www.cpsc.gov/cgibin/newleg.aspx
Comments on Component Parts Testing accepted through January 30, 2009.
mailto:Sec102ComponentPartsTesting@cpsc.gov.

2) Email or snail mail your representatives.
http://capwiz.com/americanapparel/issues/alert/?alertid=12274476

3) Call your representatives. For their contact information just enter your zip code.
http://capwiz.com/americanapparel/dbq/officials/

4) Make your voice heard by voting on this issue. The top 3 in each category will be presented to President-elect Obama.
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia

5) Sign the petition.
http://www.ipetitions.com/petition/economicimpactsofCPSIA/index.html

6) Spread the word! Write about this on your blog. Tell others about this issue and encourage them to do the same.

7) Join others in fighting this cause.
http://cpsia-central.ning.com/notes/Notes_Home

Join the etsy community in the virtual chat with CPSIA Small Business Ombudsmen or send a handmade children’s item that will become “hazardous goods” as of 2/9/09 to Bobby Rush, founder of H.R. 4040.
http://www.etsy.com/storque/craftivism/handmade-childrens-items-unintended-consequences-consumer-pr-3056/

And let’s all hope that enough people make enough noise to get a second, more thoughtful look at this problem. 

I’ve been pretending this isn’t going to affect our businesses, because I can’t really handle any more bad news, but I’m fairly certain it will.  This article explains how CPSIA rules will affect small businesses or your favorite small businesses, including your retailers like us.  Please read and educate yourself.  I’m all for ensuring lead-free products for our children, but this legislation is way beyond the pale.

http://www.boutiquecafe.com/home/2008/12/17/1943/

Regardess where you stand on who should be the next President of the US, or what you think of the New York Times (and Dad, I even watched Hannity’s America last night trying to understand the other side), I found this OpEd piece very upsetting.  John posted a link to it originally.  I haven’t been watching the news very much, so I had only heard a little bit about the blatant racist-speak taking place at McCain/Palin rallies.  I’ve seen two clips - one of Palin smiling while the crowd chanted the usual “Obama is a terrorist” and the less usual but more frightening “Off with his head”.  The second was of a McCain supporter holding a Curious George doll with an Obama hat on it. I’ve chosen not to link to the video because I don’t want to give it any more attention than it has already received.

Just to be clear, I’m not saying McCain is a racist.  He is, however, allowing this stuff to happen at his rallies.  And if I could dislike Palin any more than I already do, watching her freakshow grin while extremists scream for execution of her opponent put that last nail in for me. 

Apparently I am naive and jaded.  I assumed, wrongly, that although racism is rampant still, we as a country would put on our pretty clothes and pretend otherwise.  To see large groups of people chanting and screaming because - and let’s really call it what it is - Obama is black - really disturbs me.  It’s the first time in my life I’ve seen the mob mentality with racist overtones.  In other words, if the group is big enough, it’s okay to let all our uglies hang out. 

McCain and Palin aren’t responsible for people’s behavior at their rallies.  What I do take issue with is their unwillingness to speak out against this behavior.  If I was speaking in a public event and racial epithets were being thrown, you can bet your sweet ass I’d demand for it to stop or have the offending party removed.  As the piece points out, silence in this instance is akin to a stamp of approval.