On february 8th, 2009 parts of a new law go into affect: CPSIA, the Consumer Product Safety Improvement Act. Aside from being a vague and awkward acronym, this new move by the US government is a classic US mint two-sided coin: on one side it is going to destroy and devastate millions of American businesses and lives, and on the other side it is "for the children," so it's probably fine. It's a pretty extreme coin.
Let's begin.
In late 2007 and early 2008, China sold millions of toys to big box stores in the US. Those toys contained trace amounts of lead, and some kids got sick, and those toys and more were investigated and recalled and burned and there was panic in the streets. Suddenly everyone was wondering if their Chinese-made bottles and binkies and... everything marked MADE IN CHINA... might contain lead. No one wanted to kill babies or make them sick, everyone could agree on that. Everyone wanted babies to have toys and blankets and books. What are we to do?
During this most recent election season some legislation was passed to protect children from lead. The CPSIA. We all agreed we want to protect the children, fine, but how CPSIA decided to do that is... ridiculous at best.
This new law is going to require that every item that is going to be vended or given to children needs to be tested for lead. Testing for lead costs thousands of dollars +, and after testing is complete you get a stamp or card or something to give when they say "let me see your papers." This testing requirement applies to big box stores like Walmart and Target, where these problems originated. It also applies to anyone with an Etsy account, anyone handmaking toys, anyone writing children's books on any level of professionalism, your grandmother knitting you a blanket for her eventual great-grandchildren (less enforceable, but still illegal).
All hand-made items must undergo testing. For thousands of dollars. So a handmade bib, maybe retailing for $8-$10 normally, will now cost $2,000.00, give or take, for total production.
There's good news though: this is law sort of retroactive! It applies to clothing, toys, books, and dreams sold second-hand, whether it's at a thrift store or an antique store. Oh wait... that's really bad news. 
My sister and I talked about the toys we wanted littering our house, should we ever procreate. We lamented the plastic and stickers stuck to plastic and hot pink and yellow that line the walls of modern toy-stores. I really wanted a life of toys handmade with love by my friends, by Etsy, and antiques gathered on roadtrips with my life partner over time. The idea that my children might have something with Hannah Montana or whoever dominates the world by then, that my house is gonna be plastic and bright and gross, makes me want to not procreate or to expatriate. When you go to FAQs sections of any CPSIA links, they have several attempts to answer these concerns. The Law as written says it is retroactive... the clarification says "Children items offered for resale after February 10th 2009 will still have to meet the new requirements for lead and pthalate content, but vendors will not have to have those items tested-" ok so... how will they meet those standards? how is that circular logic enforceable? "and vendors should therefore avoid products that aren't certified to be lead free."
Great. Now my stomach AND head hurt.
As an Antiques Roadshow fan, I'm pissed. I was on a constant quest to find this swan sled!
But ok, the law is at least TRYING to erase what it said about antiques and used clothing. It's hearing the public outcry and kind of stammering through it, "wait, uh, what we meant to say was, don't buy stuff with lead, but you don't have to test them, but try to test them, you know?"Sure USA, whatever you say man.
The core problem here is the handmade crafts industry. In case you don't know (and you might, unless you have a job with the US government, in which case you have no idea what's going on out here), crafts are a burgeoning industry. There was a time, circa 2000-2001, where covers of magazines professed that knitting was bigger than yoga. Even now kids are making their own scarves, hats, and bags, DIY books are being sold at Urban. Hot tattooed chicks (rockabilly, perhaps) form organizations called Dallas/Austin/Houston/New York/etc Craft Media, and make clothes for the pierced girl-on-the-go, and her baby. These items have been dominating the internet, have had tents at SXSW festivals, and been sold in local boutiques.
Then there's the more traditional approach. Housewives, perhaps even here in Utah (I haven't looked it up), like to knit, crochet, quilt, and even scrapbook. Women church organizations making baby blankets to give to hospitals... oh yeah, by the way, this applies to giving stuff away, whether its official donations or just giving it to your friends.
Everyone is DIYing. But maybe not anymore.
The bears by Cristina Gunn were one of the most profitable and popular items on the Crate Lung Tour. With time, parts, and labor, they cost $20 to sell. What a bargain.
If Cristie had gotten fabric, stuffing, thread, and needles that all had the "we don't have lead" stamp of approval, once she reshaped it all into the shape of a bear, that bear would have to be tested again as a new item. Just keep imagining the worst thing this law could do, and it did it.THERE IS GOOD NEWS: and not sarcastic good news. I assigned a poli-sci major friend of mine to the task of figuring this all out, and he found that a stay has been granted to these more extreme aspects of the law so these can be more carefully considered. They have acknowledged flaws, and that it was done hastily. The time allows for public commentary. This is our chance to potentially change it!
Ultimately, when it comes down to it, the US government failed us in 2007-2008 (and probably before) when it allowed tainted toys into the US from China. They are now about to enforce a law that, yes, will focus on those big box stores, but will ultimately decimate the entire crafts industry. It will make criminals of those of us who love teddy bears.
The solution, of course, is to do what we do with all laws we don't like: don't obey them. Handmade toys and antiques will likely stay a burgeoning industry, just on the black market.
In the mean time: write WHOEVER you can. Also, a lot of stores and crafts people may not even know about this. We could mobilize....
http://cpsia-central.ning.com
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