What is CPSIA? An Itsabelly Review.

By Jennifer Lo Prete, Co-author of Itsabelly's Guide to Going Green with Baby

Itsabelly Baby Planners have been asked by their clients about the Consumer Product Saftey Improvement Act (CPSIA) and its impact for children. Since our book, Itsabelly's Guide to Going Green with Baby published as this law was in the works, we did not have an opportunity to cover it in our book. Although, we do cover the Consumer Product Safety Commission (CPSC), the government agency that manages CPSIA. We would like to give our readers an online update to our book on CPSIA.

So, what is CPSIA?

The Consumer Product Safety Improvement Act (CPSIA) went into effect on February 10, 2009 and regulates acceptable levels of certain substances (lead, phthalates) and sets third-party testing and documentation requirements for manufacturers of consumer goods such as apparel, accessories, jewelry, home furnishings, bedding, toys, personal care products and educational materials. Penalties include fines ($100,000 minimum per violation) with civil and criminal penalties.

On August 6, 2009, CPSC granted a lead content exemption for certain materials in children's products. This exemption allows CPSC to determine materials and/or products that will not exceed the CPSIA lead content limit due to their nature unless they have been treated or modified with materials that could affect lead limits. Certain excluded materials include: stainless stood, precious and semiprecious gemstones, woods, certain papers/boardstock and inks, dyes, textiles and fibers.

In January 2009, an Emergency Stay was issued that gave manufacturers one year to comply with CPSIA testing and certification requirements that went into effect on February 10, 2009. However, this Stay did not modify the requirement to comply with the new mandatory safety standards.

CPSIA Background

CPSIA was created in response to the numerous discoveries of lead in toys during 2007/2008. As this law was drafted and debated, many small businesses that make handmade goods opposed CPSIA in its original form because the testing and labelling requirements were not economically feasible for their small businesses. The law appeared to be written with large manufacturers in mind. How could a mom and pop shop making wood baby rattles in their garage and sold at the local farmer's market afford to test all the products? Small business owners related to children's toys, apparel and accessory banded together to create the Handmade Toy Alliance (HTA). The Toy Industry Association, whose members include larger toy manufacturers along with small businesses, is also working to amend CPSIA.

These groups agree that lead and phthalates should be banned from children's products. The HTA is working to "amend the CPSIA," with modifications such as component-based testing and testing exemptions for materials scientifically known to not contain lead or phthalates. The TIA also states that it "favors practical common sense approaches to testing products in an efficient cost effective manner that reduces burdens on small businesses, without affecting the inherent safety of toys."

We hope that as CPSIA evolves a balance can be found between protecting our children from dangerous toxins and protecting small business owners. We believe that small businesses (many of which are momprenuers) drive innovation in the children's product industry and are often green businesses. And hey, back in 1930 and 1945 Fisher Price and Mattel were small business start-ups!

As CPSIA evolves, you can count on Itsabelly baby planners to keep you informed of how this law impacts our children. In the meantime, below you will find some great resources for conducting your own research.

Itsabelly's Favorite Resources for Researching CPSIA

• US Consumer Product Saftey Commission (CPSC)
• Complete Text of CPSIA (HR 4040)
• Consumers Union (the group behind Consumer Reports)
• Z Recommends: Website dedicated to consumer research and reporting, product reviewing and consumer advocacy on issues related to health and safety of children.
• The Smart Mama: Founder Jennifer Taggart and author of Smart Mama's Green Guide: Simple Steps to Reduce Your Child's Toxic Chemical Exposure, offers XRF testing services for CPSIA compliance and consulting services.
• Handmade Toy Alliance (HTA): Official site of the group working to protect small business interests in CPSIA laws.
• CPSIA Cheerleader: A momprenuer encouraging other small business to work together to amend CPSIA to protect small business.
• Toy Industry Association (TIA): The toy industry trade association for the manufacturers and importers of toys in North America.
• TIA CPSIA Bill Summary