Jardine has expanded its crib recall to include seven models of its wooden cribs, comprising 96,000 new recalls. The company recalled 320,000 cribs in June 2008 and an additional 56,450 cribs in January 2009. The CPSC has received over 30 incident reports of slats breaking, and some reports of children becoming stuck between the slats. Minor injuries have been reported. The latest recall involves the following models: Americana, Berkley, Capri, Hilton, Olympia, Positano, Spindle, and Windsor. To view the complete list of crib model numbers and dates included, visit JardineCribRecall.com. The company will issue each customer who owns one of the recalled cribs a voucher good for the purchase of one crib at Babies R Us and Toys R Us stores.

[This is another in a series of posts by Susan Maphis covering the impact of the Consumer Product Safety Improvement Act (CPSIA). For more information about the CPSIA, read Susan's previous article: The End Of Handmade and sign up for her CPSIA Alerts Mailing List ]

On Friday, the CPSC voted to stay enforcement of the CPSIA’s testing and certification requirements for one year, putting off the deadline for compliance until February 10, 2010. While this might allay some fears of handcrafters and other manufacturers/retailers of children’s products, this delay affects some, but not all, of the provisions of the CPSIA. On February 10, 2009, testing and certification requirements for cribs, small parts, metal children’s jewelry, ATVs and lead in paint will still be enforced.

A press release posted by the CPSIA reads: “The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.”

This stay of enforcement is not an overwhelming victory for resellers and handcrafters. Those who support the CPSIA, such as consumer protection advocates, could still sue to force the CPSC to enforce the CPSIA as originally written. As each state’s Attorney General was charged with enforcing the CPSIA, states could still decide to enforce the law.

U.S. Senator Jim Demint introduced plans on his blog for a bill that would change the CPSIA, including allowing component testing and forcing the CPSC to publish a compliance guide. This legislation would also exempt thrift stores, yard sales and some resellers from the law.

[ For more information about the CPSIA, read Susan's previous article: The End Of Handmade]

[This is another in a series of posts by Susan Maphis covering the impact of the Consumer Product Safety Improvement Act (CPSIA). For more information about the CPSIA, read Susan's previous article: The End Of Handmade and sign up for her CPSIA Alerts Mailing List ]

As the deadline for implementation of the CPSIA looms nearer, manufacturers of children’s clothing are increasing their efforts to get the law changed. The February 10 date for enactment is now less than three weeks away. The Coast to Coast Kids Association at the California Mart in Los Angeles represents many manufacturers of childrenswear, both domestic and imported, including Vive for Babies, 3 Sprouts, and OhGeez Organic Clothing Co.. This group has been lobbying the CPSC regarding the CPSIA for some time.

“We are a group of owners of children’s showrooms in the Western region of the USA who represent manufacturers of children’s apparel and accessories,” says Allison Acken of the Allison Showroom at the California Mart. “We have been working together with our manufacturers to support a reasonable testing program for safety in children’s products within a framework that will not destroy the already struggling retail industry.” Acken recently forwarded a letter to UpscaleBaby.com, which was sent to Todd Stephenson of the CPSC on January 20 by the Coast to Coast Kids Association regarding their concerns.

“We all agree that nothing is more important than the health and well-being of children who wear American, and international, goods worldwide,” the letter reads. “The instances of unsafe products in the hands of babies and children are to be deplored and we applaud Congress and the CPSC for taking action to protect them. We are, however, extremely concerned about the General Counsel’s opinion that CSPIA be implemented retroactively and also concerned that the testing be conducted in a reasonable manner.”

“This February 10th date has brought our entire industry to a standstill,” the letter continues. “Right now is delivery time for goods that were ordered many months ago and manufactured well before the December 21 date specified in the CPSIA. Right now, except for a very few, very large US manufacturers, many companies have been blindsided by CPSIA. They do not know whether to ship or not; retailers don’t know whether to receive or not. We are paralyzed.”

The group recommends to the CPSC in the letter that the February 10 date be re-evaluated immediately, saying if this does not happen, “a large segment of the children’s retailing and manufacturing industry is going down. It is the last nail in the coffin of what has already been a season of disastrous economic downturn for retailers.” The letter goes on to say that it would be almost impossible for manufacturers to comply with testing regulations of the CPSIA by that date, as there are not enough approved testing labs.

“Must retailers really be faced with the onerous task of destroying thousands of garments as hazardous waste as of February 11, 2009?” the group asks Stephenson. “Who is to bear the cost of this removal and destruction?”

Finally, the group asks the CPSC to eliminate the retroactive application of the 660 ppm rule for lead in children’s apparel made before February 10; to exempt fabrics and other inherently lead-free items; to allow component testing and certification by the component manufacturers; to accept certification from suppliers of components including European and other international certification standards (e.g, GOTS certification for organic clothing and YKK certification for lead in zippers); and to allow for delays in enforcement until the safety standards can be implemented on a more reasonable schedule.

[ For more information about the CPSIA, read Susan's previous article: The End Of Handmade]

 [This is another in a series of posts by Susan Maphis covering the impact of the Consumer Product Safety Improvement Act (CPSIA). For more information about the CPSIA, read Susan's previous article: The End Of Handmade and sign up for her CPSIA Alerts Mailing List ]

Jennifer Guenther is the owner of Enkore Kids, LLC, a children’s resale shop operating in Boonsboro, MD and also online, that sells new and used children’s items for ages newborn to 14. She was not placated by the press release the CPSC put out on January 18 regarding the CPSIA, trying to allay the fears of those in the children’s resale business. In response, Guenther released her own statement to 5000 of her customers.

Guenther noted that, in its press release, the CPSC was merely restating some facts about the law that most businesspeople already understood. Items made before November 2008 are not required to be tested as per the law, so the CPSC reiterated that resale stores are not responsible for testing. However, those resellers that do sell products in violation of the new law will still face civil and/or criminal penalties ($100,000 per offense and/or up to 5 years in jail.)

“So we don’t have to test, but to be sure we don’t open ourselves up to civil and/or criminal penalties I either don’t sell anything that I don’t have a GCC (proof of testing done by the manufacturer) for or I have to test it myself,” Guenther says. “I feel insulted that the CPSC even bothered to issue that press release.”

Guenther outlined suggestions on what needs to be done to save the resale industry. She noted that the Falvey Opinion that interprets the law with respect to lead is retroactive. “Even once we get passed February 10, the legal lead limit is lowered to 300 ppm in August, 2009 and to 100 ppm in August, 2011,” she explains. “So each time, the stuff legally made right before the deadline will be illegal afterwards unless the ‘retroactivity’ is reversed. And since GCC’s aren’t required to specify the amount of lead (if any) in the product, this chaos will return again as retailers won’t have any idea if the products on their shelves meet the next lower standard. The CPSC needs to take responsibility for recalling products before we can be liable for selling or reselling them. This will relieve the responsibility of researching potentially hazardous items from individuals and small businesses. ”

“Barring a reversal of the Falvey Opinion, my next best solution is for the CPSC to officially recall every child’s item made before November, 2008,” Guenther says. “Thay way retailers and consumers with all this toxic stuff can turn it in to the manufacturer for full retail credit.”

Guenther features a wide variety of children’s products at Enkore Kids, LLC, including .99 cent videos for moms and babies. She is currently offering a free Ergo diaper bag with the purchase of any Ergo baby carrier (shown in above photo) plus Ergo accessory. This special offer is good until February 9.

[ For more information about the CPSIA, read Susan's previous article: The End Of Handmade]