CPSIA - Help me get around this legislation so I can be in business again.

• CPSIA - Help me get around this legislation so I can be in business again. I started a small online business in January this year selling adorable plushies It was nothing big by any means, but it made me happier than anything. Since January, the US Consumer Product Safety Commission has passed this piece of work: http://www.cpsc.gov/ABOUT/Cpsia/smbus/cpsiasbguide.html The CPSIA pretty much makes it illegal to sell my little guys. They are definitely deemed children's toys and I do not have the means to have each handmade custom item tested for lead, etc. I'm hoping to find away AROUND the law without hurting the integrity of my tiny business. Once I become more familiar with running a business, I plan to take on other business ventures, so I want this one to follow the rules and be appropriate despite it's small size. I'm aware of all the small business help I can get locally, but my work schedule has kept me from pursuing this help for months. Before I completely drop this idea, I was hoping some of you may be able to give me helpful insight. I am open to any ideas. Here are some that I have considered: 1. Raising the price. This would make them more of a "collector's" item. My customer base would not buy these at a higher price, unless I can do some major revamping. Before I took them off the market, they sold for $15-25. 2. Naming them inappropriate things. This takes care of the children part of the equation, but hurts the integrity of my business. Not really excited about this option. 3. Making them out of compliant, natural materials such as organic cotton. This is still a viable, but boring, option.

• Answer:

  StrikeTheVol (and everyone else): The issue is that the new CPSIA guidelines require the finished product to be tested. By the letter of the law, its not enough that you use materials that are certified as Lead Free, you must have each component of a sample of your item tested by an independent lab, at your own cost, in order to get certification. Without certification you can't sell. http://online.wsj.com/article/SB123189645948879745.html from January on this topic. The finished-product testing is the main thing so many people, especially small-scale crafters, find to be confusing and burdensome about this law, because the law, as written, says basically that if you use the same bucket of paint to paint a toy car, a toy airplane, and a toy doll, you have to do testing on the car, the airplane, and the doll because they are different "products" even if they contain all the exact same components. jaynedanger you would do well to check out the http://fashion-incubator.com/phpbb/viewforum.php?f=32 at Fashion Incubator, which was one of the websites who was the first to "blow the whistle" on how the rules as written would affect small crafters and home businesses. You might find additional information over at http://www.handmadetoyalliance.org/. In particular http://handmadetoyalliance.blogspot.com/2009/10/cpsia-testing-requirements-flowchart.html made just about a week or so ago might be helpful to you. http://www.whatisthecpsia.com/ can also be a useful resource (the links to their FAQ and forums are on the right-hand side of the page.) I doubt your local small business association would be able to help, simply because right now very few people completely understand the legislation, and there is a lot of misinformation out there. The biggest thing I want to tell you is that you're not alone. There are thousands of businesses (from small crafters to resellers like Goodwill to large use bookstores) who are asking the same questions you are, mainly because a) the legislation is confusingly written and b) the CPSC isn't really giving good guidance on how they're going to choose to interpret the confusingly-written legislation. I urge you to get involved with a group like , and add your voice to the chorus that says that this law must be amended to ease the burden on small crafters like yourself. Good luck.