Update:
The CPSC has clarified much of the ambiguity in the CPSIA, you can read the full statement here.
Manufacturers, importers, distributors, and retailers should also be aware that CPSC will:
- Not impose penalties against anyone for making, importing, distributing, or selling
- a children’s product to the extent that it is made of certain natural materials (pdf), such as wood, cotton, wool, or certain metals and alloys which the Commission has recognized rarely, if ever, contain lead;
- an ordinary children’s book printed after 1985; or
- dyed or undyed textiles (not including leather, vinyl or PVC) and non-metallic thread and trim used in children’s apparel and other fabric products, such as baby blankets.
(The Commission generally will not prosecute someone for making, selling or distributing items in these categories even if it turns out that such an item actually contains more than 600 ppm lead.)
Sellers will not be immune from prosecution if CPSC’s Office of Compliance finds that someone had actual knowledge that one of these children’s products contained more than 600 ppm lead or continued to make, import, distribute or sell such a product after being put on notice. Agency staff will seek recalls of violative children’s products or other corrective actions, where appropriate.
- Issue an interim final rule (pdf) effective February 10, 2009, which establishes alternative lead limits for certain electronic devices, in order to prevent unnecessary removal of certain children’s products from store shelves.
- Accept a manufacturer’s determination that a lead-containing part on their product is inaccessible to a child and not subject to the new lead limits, if it is consistent with the Commission’s proposed guidance or is based on a reasonable reading of the inaccessibility requirement. Paint and other coatings or electroplating are not considered barriers that make a component inaccessible.
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Many of you have contacted us asking if we were aware of the new Consumer Product Safety Improvement Act (CPSIA) going into effect on Feb 10th and asking if we would be in compliance by then.
I just wanted to take a minute and thank you all for your concern and information you have provided. We are aware of the new regulations and have been working to make sure that Math-U-See continues to comply with any and all safety regulations.
Here is a brief rundown on our products and where they are manufactured.
- Books - Printed locally in PA
- DVDs - Replicated in FL
- Blocks - Manufactured locally in PA
- CDs - Duplicated locally in PA
- Shipping Material - Manufactured locally in PA
Whenever possible we use local resources and businesses to supply our needs. I was just on the phone with our block manufacturer and he informed me that he hasn’t been able to purchase plastic with lead in it since the 1970’s.
In summary our products are already safe, and all we will have to do by Feb 10th is pay for testing (can be expensive) so we can receive a certificate saying that yes, our products are safe. Unfortunately many home based businesses will not be able to afford testing. Hopefully the regulations can be modified so that children are protected from lead exposure while ensuring that small businesses can continue to do business.
Helpful Links:
- CPSC - Clarification letter on selling used product
- CPSC - FAQ page
- LA Times - article on the need to rethink the testing regulations
- Handmade Toy Alliance
- Rocks in My Dryer - The Scoop on the CPSIA
- Book Publishing and Lead Information
- Change.org - Save Small Businesses
- American Library Association - Impact of CPSIA on libraries
- iPetition - CPSIA impacts on Children’s clothing
- Fashion-Incubator - CPSIA Please Take the Economic Impact Survey
If you have any other helpful links please post them in the comments.
Thank you for putting our minds at ease that our beloved Math program will continue to be available. I was also wondering if this already been taken into consideration with the revised curriculum and the price change that will be upcoming? Or will you need to adjust the price to cover the cost of testing?
Thank you for your support in all these areas.
-Brenda
CPSIA also has requirements for phthlates and toy size, not just lead content. How would these new recommendations affect MUS manipulatives?
Thanks for clarification!
Our products are educational materials and not designed marketed or sold as children’s toys so the phthlates regulation does not apply (though we will be double checking all info to make sure).
Three phthalates, DEHP, DBP, and BBP, have been permanently prohibited by Congress in concentration of more than 0.1% in “children’s toys” or “child care articles.” A “children’s toy” means a product intended for a child 12 years of age or younger for use when playing, and a “child care article” means a product that a child 3 and younger would use for sleeping, feeding, sucking or teething.
http://www.cpsc.gov/ABOUT/Cpsia/faq/108faq.html#products
Thank you for your clarification. I am glad that I will still be able to purchase your products.
Thanks for that update. I’d just realized that my favorite school suppliers would be affected. I was not concerned about the safety of your products but I’m glad you are on top of the situation.
“ORDINARY BOOKS” are off the hook - pretty much!
http://www.cpsc.gov/library/foia/advisory/323.pdf
Unlike the “reseller clarification” which left resellers completely liable, ordinary books are actually not within the lead testing laws - but read it specifically.
CPSC Spokeswoman Chastises ‘Mommy-Bloggers’ On TV
Did you see the video from Baltimore Channel 11 where, for the first time someone from CPSC is interviewed on air? Yep. She disparages ‘mommy-bloggers’ for spreading ‘misinformation’ on the internet! Do you believe this? (Of course, the poor sacrifical lamb has already resigned, her last day is tomorrow) Gee, why do you think they picked her to go on camera?
There is a closed door Congressional Staffer meeting tomorrow about CPSIA. Today and tomorrow would be a REALLY good day to CALL, email and FAX everyone in congress you can think of as well as the CPSC.
We would also appreciate you continuing to spread the word to go to http://www.savekidsresale and Click! to vote (the petition has over 70,000 signatures) as we intend to print out all 500 pages and distribute it to Congressional members tomorrow. As you know, the CPSC has done it’s best to quell the uproar our little corner of this devil in diapers that is CPSIA by their infamous ‘Press Release’.
Thanks so much! Here’s the video http://savekidsresale.squarespace.com/recent-news-stories-video/
Actually books are not off the hook. If you read a letter from the American Publishers Association to the CPSC, which is on the CPSC website, as well as the CPSC’s response, you will see that books are required to be tested. Under the previous legislation, books were not required to be tested for lead, because the ink used in printing would be absorbed into the paper (substrate) and would not be considered accessible. However, under the CPSIA, the final product has to be tested for total lead content, so it doesn’t matter that the ink is part of the substrate.
I was also very concerned about this issue — not for the book publishes specifically, but for small businesses in this country in general. I wrote my congressman about my concerns a couple weeks ago, and I’m happy to report that it seems the issue has been ‘tabled’ for now, in order for more research to be done. As it stands, this is no longer scheduled to take effect on the 10th. I don’t know if or when the legislation will come up again, but we need to continue to be vigilant, find out all about how this would impact the mom and pop business in our country, and continue to write our representatives!!
Okay, me again.
I just found out that the legislation has been “stayed” for one year, pending further investigation.
You can learn all about it at:
http://www.handmadetoyalliance.org/
Ethan, Thank you for the information on this topic. There are so many liberties under attack it is hard to keep up with them all.
The blog “Rocks in My Dryer” was very informative, I recommend it for up to date information on this topic. I also found some more information on the topic at Ron Paul’s campaignforliberty.com and at hslda.org
I am sorely disappointed that Ron Paul was the only representative against this, and only 3 senators voted against it. When one representative in the whole nation is all there is defending our liberties, it is a wake up call to us all.
It seems to me that this kind of federal regulation is causing more panic than it should. Infer what you want from this but there is absolutely no way they could monitor each and every small business that has an item to sell. They would have to create jobs to do that and that’s not going to happen. They can’t even guarantee they’ve checked all the toys on your local Walmart shelf. I doubt the lady that sells baby booties at the local bazaar needs to worry. Have they set up regulations on HOW they will monitor your safety compliance???
I just read a humorous but insightful story on the CPSIA written by Heather Idoni and Jodi Whisler over at Easy Fun School entitled “Dr Seuss Meets the CPSIA.”
Enjoy!
http://www.easyfunschool.com/the_CPSIA_meets_Dr_Seuss.html