We have been getting a lot of questions from readers who are also small business owners and are trying to navigate the new rules of the Consumer Product Safety Improvement Act and determine the impact for their companies. Fortunately for all of us, Jennifer Taggart now has a detailed analysis up at The Smart Mama that goes through the new regulations in detail. Here's just a snippet from Jennifer's run-down:

Another critical part of the CPSIA is the phthalate ban. Effective February 10, 2009, certain phthalates are banned in children's toys and child care articles. A children's toy is a product intended for a child under 12 years of age for playing. A child care article is a product intended for a child under 3 years of age that facilitates sleeping or eating. In other words, if the product is used for sleeping, feeding, sucking or teething, then the phthalate ban applies. The CPSC has stated that the phthalate ban applies to pacifiers, teethers, bibs, crib mattresses, crib sheets and pajamas.

The good news is that this part of the law does NOT apply to existing inventory - only items manufactured after February 10, 2009. The bad news is that there isn't a easy technology to use for screening goods for phthalates like XRF for lead.

You can read the whole post here. This level of detail isn't for everyone, but if you make products for children, you'll definitely want to read it to get her take on things.

The Consumer Product Safety Commission has formally requested comments on the Consumer Product Safety Improvement Act. (If you're new to this issue and are wondering why anyone would be commenting, read this post about German toy company Selecta stopping U.S. distribution of their toys and this post on steps you can take to save natural and handmade companies.) Specifically, the CPSC says they're looking for comments and information regarding:

• How the risk of introducing non-compliant product into the marketplace would be affected by permitting third-party testing of the component parts of a consumer product versus third-party testing of the finished consumer product.


• The conditions and or circumstances, if any, that should be considered in allowing third-party testing of component parts.


• The conditions, if any, under which supplier third-party testing of raw materials or components should be acceptable.


• Assuming all component parts are compliant, what manufacturing processes and/or environmental conditions might introduce factors that would increase the risk of allowing non-compliant consumer products into the marketplace.


• Whether and how the use and control of subcontractors would be affected by allowing the third-party testing of component parts.


• What changes in inventory control methods, if any, should be required if thirdparty testing of component parts were permitted. Address receipt, storage and quality control of incoming materials, management and control of work-inprocess, non-conforming material control, control of rework, inventory rotation, and overall identification and control of materials.


• How a manufacturer would manage lot-to-lot variation of component parts, in a third-party testing of component parts regime, to ensure finished consumer products are compliant.


• Whether consideration of third-party testing of component parts should be given for any particular industry groups or particular component parts and materials.


• Explain what it is about these industries, component parts, and/or materials that make them uniquely suited to this approach.

Answer them all or pick your favorite, and don't be afraid to do so from the perspective of a consumer, if that's your position in all this - this affects you as well, and you have every reason to comment! Download the PDF comment instructions and share your views with the agency before these laws go into effect.

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The word is out: The Consumer Product Safety Improvement Act has cast such a wide net that many small businesses and natural toy companies are threatened with financial ruin by testing requirements that need to be overhauled if they are to be applied to them at all. Livelihoods, work-at-home arrangements, and the availability of handmade and natural products for our children are at stake. Here are five things you can do today to help force Congress to address the mess they've made before the law goes into effect on February 10, 2009.

1. Familiarize yourself with needed reforms. The Handmade Toy Alliance has proposed the following reforms to the CPSIA:

• Exempt toys made or imported in quantities under 5,000 per year by companies making or importing less than 50,000 total items per year, as well as toys made entirely in the U.S. and other countries with a strong safety regimen of their own (Canada, EU), and pair this with mandatory registration by companies and random auditing with stiff penalties (the way the EU does it).


• Assume that natural materials (wood, wool, silk, bamboo, cotton, and uncoated textiles) and food-grade materials (wood finishes made from beeswax and certain oils) are lead- and phthalate-free, and don't require them to be tested.


• Allow manufacturers to accept third-party test results for raw materials, and require company testing of products based on manufacturing levels rather than specific time frames.


• Don't require batch labeling for small runs of products not made from molded plastic, and don't require manufacturing dates to be a part of any labeling, as small batch toys are costly to label in this way.

You can read their full proposal on the Handmade Toy Alliance's website.

2. Tell your local news outlets that this is a local story. Look up Etsy sellers in your city or town, then call your local TV station or newspaper, ask for a business reporter, and tell them that you could help them identify at least X number of sole proprietors in your community who are about to be driven out of business if the law isn't changed. If you have a locally-owned toy store that carries natural toys, mention this too - they'd be a great interview for the same story. Local news desks are overworked and understaffed; if you can connect the dots on a timely topic you will probably see a story.

3. Make some phone calls. Phone calls are better than form letters, and if you get the person on the phone you might actually get some useful information you can share with others through the grapevine. Here are four calls you should make:

• Call your current U.S. Representative. Republicans and Democrats claim to care about nurturing small businesses, but new testing requirements encompass product areas highly unlikely to pose a risk for newly-banned chemicals. The new law needs to clearly articulate feasible and logical standards for small businesses and companies that already meet international (EU) standards.Tell them how you feel about what will happen to many of the SAHM, small businesses, and natural companies that are already doing their due diligence to ensure product safety. Find out if they've been voted out or are still in for the next session; if they'll be replaced, ask by whom and if you can contact them at the same number. You can find out who yours is and how to contact them here.


• Call Nancy Nord. She's the acting head of the Consumer Product Safety Commission, and she needs to hear from you. To reach her, call 301-504-7923 and ask for her; if she's busy, leave a brief, polite, but firm message.


• Call the CPSC ombudsman's office. The number is 888-531-9070.


• Call your Senator. Tell them you aren't pleased with the way the House wrote this bill or the fact that the Senate passed it in its current form, and that it is in dire need of reform before it sinks small businesses under exorbitant testing costs for products that are made using natural materials. You can locate contact information for your Senator here. If they're being replaced, ask them how to get in touch with their successor.

4. Join the conversation. Find Twitterers discussing the matter by searching for the #CPSIA hashtag. Browse new blog posts about the CPSIA and point others to them by giving them a bump on whatever social sharing or bookmarking software you use. (Links for giving a bump to this article are at the foot of this post - if you like this info, help spread it around!)

5. Sign some petitions. We believe that petitions are among the least effective steps you can take - the less effort it takes to make your voice heard, the less seriously your effort is taken by those you hope to impact; and signature rates inevitably underrepresent the number of concerned citizens, often vastly so - but it can't hurt, so here's one petition and here's another.