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Join Date: Feb 2008
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If you aren’t able to get cute WAHM fluff, would you still CD? – PLEASE READ!

Just curious, since there is the possibility many WAHMs will not be able to pay for the federally required third-party lead testing that starts on Feb 10th. I would/will definitely still CD as it is an environmental issue for us, I am just really sad to think that there might not be anymore cute WAHM fluff and I guess not much of a point for a forum called ‘Extra Fluffy’.

What are your thoughts? Would you still CD if this new legislation is not changed and WAHMs are either selling what is considered ‘banned hazardous material’ or not able to continue selling?

I’m really sad about the new CPSIA legislation, but I understand the importance of protecting our kids from lead. I just think this the wrong way to go about it!


Uh oh.

  • *ETA BY DSDM2*** I was forwarded this:
If you buy or sell handmade toys, clothing, cloth diapers, or baby carriers the following is really important information for you. As of February 10th, 2009 ALL items sold in the US that are meant for children 12 years and younger will be required to have third-party lead testing done by the manufacturer. This sounds great in theory since we all want to protect our children, right? This law will only force small businesses to close (or operate illegally) when the problem lies with large companies making cheap items in foreign countries.
If you own a small home based business crafting these items, these requirements fall on YOU. You will be required to test each and every component of your items for sale and label them with a batch# and date of manufacture. If you do not comply you will be in violation of federal law and could be subject to fines up to $100,000 per ITEM and even jail time. Anything children’s items made before this date that are not tested and cerified lead-free are considered banned hazardous waste and cannot be sold after February 10th, 2009. Even if you use materials such as fabric that were tested by their manufacturer not to contain lead, you must still have third party testing done. This is obviously not an option for most artisan businesses! Please call or write your representatives regarding the new CPSIA legislation that has already passed and will be put into effect in February without any thought for the ‘little guys’.
Then you need email or write your representatives today as well. If this legislation is not changed to offer some sort of clarification regarding handcrafting businesses in the US, then many if not most of the items I’ve discussed will no longer be available. No more wood cars crafted by a retired grandpa, no more children’s  handmade clothing and cloth diapers on Hyena Cart, Etsy and sites that encourage us to buy handmade. I don’t know if you feel the same but if I had to choose between a handmade item made by a work at home mom vs a “certified lead-free” item made in China and sold at Target, I’d choose the former.
We must act soon and get some changes made or February 10th will mean the end of the “Buy Handmade” movement! Stand up for small businesses everywhere as this legislation effects each and every one of us, our businesses, our children and even our economy. Let your representatives know that as much as we value keeping our children safe by testing items for lead, this is the WRONG way to accomplish that.
You can read more about the CPSIA legislation at:
  1. sheepthrills says:

    For real?

    Why is this the first we’re hearing about it??

  2. What a Wanker says:

    It’s not the first time I’ve heard of it, it’s just a small part of the new legislation coming about for children items and clothing items. It’s horrible and I guess I will be closing up my shop come feb 10 and only knitting for my family and friends. 😦

  3. werd says:

    wow, that sucks. way to kill handmade sales – my question is, what about craft shows and stuff, are those going to become a thing of the past?

  4. eeek says:

    This law only covers goods for kids under 12- so if you only do adult stuff, you’re OK. Everyone else IS screwed, which is why people NEED to get in touch with their legislators, let people KNOW you & lots of other small businesses are going to be hurt by this! Even if you only do adult sewing or whatever, you should stand up to this because you could be next.

  5. OhReally says:

    I have a *REALLY* hard time believing there will be any regulation at the WAHM level. Seriously.. every crafty granny that sells crochet dolls at the church bazaar is getting shut down? Um. No. I don’t give two small shits about this legislation.

  6. sheepthrills says:

    It does seem a bit far fetched. So, half of Etsy will just get shut down like that?

    I do think I’ll write my legislators though. This reminds me of the damn NAIS stuff they’re trying to do to small farms.

  7. thewhiteninja says:

    I think they are blowing it way out of proportion.

  8. cdc3030 says:

    Ya, I think everyone is overreacting. Especially with clothes. This is meant to test for lead paint…and I just dont paint my clothes. Anyway, they are not going to bother with WAHM’s. This is meant as a reaction to the China problems.

  9. I also think (hopefully anyways) that this isnt really going to affect WAHM’s so much. I believe its put in place to protect kids from toys and such that have been literally making alot of kids sick, mostly not from our country.
    I do think it may have a small impact, but im hoping there will be a way around it for WAHM’s.
    I mean, I dont know if ive ever heard of clothing containing lead anyways- so how would it affect clothing?

  10. JustPeachy says:

    They arent technically over reacting. Due to the fact they are putting this into place rather rapidly they havent yet solidified it. I think the government knows that they are going to shut down small businesses and hasnt figured out a way to word the law so it protects them.
    I think that this law should only be applicable to companies who outsource their items to China as the only items that had issues were stuff MIC.

  11. AshleyB says:

    Yeah…I have no problems with lead tests (actually, quite the contrary! I test ALL of DS’s toys) but this NEEDS to be worded better, and people need to write and do something.

  12. Lead?...Ooooh look something shiny! says:

    I dunno about y’all, but I like to take a bath in some lead paint. Relaxes me.

  13. Just Because says:

    With regards to diapers, non painted clothing, blankets and other fabric textiles, I think the “line” will come down to how the Federal Government defines the term durable. How many years must a product be useful to be considered durable?

    Cloth/textile items are generally not considered to be durable goods whereas a car or baby crib are considered durable. I would think recycled or re purposed wool and clothing would fall under the same umbrella.

    Wikipedia defines durable as “a good which does not quickly wear out, or more specifically, it yields services or utility over time rather than being completely used up when used once.” Don’t panic yet diaper makers, Wikipedia then further goes on to define “non durable goods or SOFT GOODS as goods that are used up when used once, or that have a lifespan of less than 3 years”.


    Now you and I know cloth diapers can last through multiple children with proper care, but they are soft goods not durable goods which are meant to last for years and often contain materials such as wood and metal that can withstand the elements.

    My question is, if paints are to be regulated, will dyes such as Procion MX for cotton items or Acid Dyes for wool fall into this category too?

    My 2 cents.

  14. haha says:

    so you find a loophole. You still sell cloth diapers but call them collectors pieces or something and have a disclaimer that they are not to be used on babies. What moms do with the diapers AFTER they buy them is their own problem right? (same goes with clothing etc.) Call them artwork to be displayed (but don’t say where…a babies tushie is displaying isn’t it!), or dish towels shaped like diapers etc. If there’s a will there’s a way.

  15. lilgamoma says:

    well, I emailed everyone in my state last night. ITA that this is too vauge and will effect more than just diaper makers. 😦 I understand they are “trying” to protect our children, but this could shut down more than they think.

  16. Scoop says:

    If I made diapers i’d include a tag that said that they are intended for children ages 12 and over (even if they’re in baby sizes). Or i’d call them art pieces.

    It’s very easy to side step these kinds of things.

  17. DSDM2 says:

    Or call them doll diapers for children over 12, and list the “size doll” it would fit.

  18. Frazzled says:

    Aren’t the original manufacturers of the fabric the ones who will take a hit and increase prices? Aren’t they the ones who will test? Most WAHM’s buy their fabric, not make it themselves. Am I missing the boat here?

  19. Shannon says:

    #16, you can not do that legally. If the item is mainly used in the normal course for an infant, that is how it will be looked at by the CPSC. There are a TON of rules in place now that have been in place for ages that are not followed or really known about. Flammability is just one of many. Any item that can be used as loungewear is supposed to be tested for flammability. This is just one instance. The new laws are very vague right now and I don’t think it is quite as bad as what some people are making it out to be. I am not saying this will not change the wahm world, but I don’t think there is cause to panic just yet.

  20. Angie says:

    True story. Sex toys are illegal in some states in the US. So manufacturers put smiley faces on the tips and sell them as statues.

    There is always a way around it. You just have to be creative 🙂

  21. cdc3030 says:

    Thats it! Im going to put smiley faces on my diapers and call them sex toys! Oh, wait…eww…

  22. tntdynomite says:

    #22 LMFAO

  23. MamaGeek says:

    Wow. Someone tell me what I can do to fight against this. Would this be something to email state reps about?

    It’s better to go overboard sometimes than to sit and take it and find out that it suddenly DOES affect everyone.

  24. eeek says:

    # 20, I agree with most of what you’re saying. I don’t think this kind of thing trickles down much to the person who makes a small amount of stuff in their basement & sells it on etsy or HC. & people have been ignoring labeling laws forever, when they’re small enough producers to not get a bunch of attention for it.

    What I’m most worried about is the idea that it now becomes maybe very difficult -to impossible- to wholesale unless you can provide some of this, since it’s being officially made a big deal of. Not that I plan to wholesale in some massive volume, but some would be a cool thing. It could stop micro-businesses from growing into actual businesses. & what about the craft shows, will they suddenly realize they’re breaking laws & not let people sell there?

    I’m all for policing imports more, and some of this legislation makes sense. Some of it is completely out of proportion and the people who wrote it obviously didn’t think it all the way through.

  25. Angie says:

    So a law like this is forcing small, wahms providing MADE IN THE USA items out of business, so people will have to buy made in China items that are the problem…..
    I’m not too concerned at this point, I alos dont think they can go after every wahm.

  26. Holy Cow says:

    Sounds to me like it’s a way for the government and indepedent lead testing companies to make $$$
    The governemnt cracks down on the little guy selling on Etsy and Ebay, who BTW is probably not paying taxes since they don’t make enough profit, so the big companies sell more products and in turn, pay more taxes.
    Then, if the little guy gets caught, it’s big fines. Sounds like a win/win for the government and they probably already know this which is why they worded it so vaguely. Most small business and hobbiest will run scared and stop selling, just like you are seeing right now out of fear……instill fear and control the people LOL

  27. Holy Cow says:

    I was reading anything manufactured before February 10th will be unsellable so my question is, Does that include used cloth diapers? Will this mean the end of diaperswappers?

  28. Just a WAHM says:

    found this link and it doesn’t say anything about clothing items


  29. EM says:

    I just found about this site. Had lots of fun reading it and hoping and praying that I wasn’t mentioned (hehe)!

    I’ve heard a lot of rumors about this on opposite sides of the spectrum. I’m going to contact my local representatives and then watch the drama that is “law.” Worse comes to worse, I’m taking US shipping off my options and only shipping to Canada and the rest of the world. Half my business is international so I won’t be completely gone.

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