US Law Prohibits Craftster from Selling Out of State

Maryn

Sees All
Staff member
Super Moderator
Moderator
Kind Benefactor
Super Member
Registered
Joined
Feb 12, 2005
Messages
55,429
Reaction score
25,447
Location
Snow Cave
A family member who runs an Etsy store selling one of a kind items is considering closing her doors because of a law passed in August and taking effect in February. Here is the full text of the law, the sixth item on the list.

This law affects people we know here at AW.

All goods sold for use by children, or which could be used by children, must be tested for lead if the seller ships or sells in a different state than the one where the goods are made. Each item must meet certain standards for lead levels under uses by children which include mouthing, swallowing, and breaking of the toy.

This means that the baby blanket someone quilts or crochets, the hand-made stuffed animal, the sock puppet, doll clothes, Halloween costumes, the wooden truck or sled, even small earrings which could be worn by a child must be tested for lead. Lead testing costs about $150 per item.

While manufacturers of the raw materials from which children’s goods are made are bound by the same laws, the manufacturers and sellers of cloth, thread, stuffing, buttons, wood, paint, beads, and wire do not have to test them for lead, because these items are not yet intended for children.

Nobody’s saying lead testing isn’t necessary. We agree that children should never be exposed to lead at any level considered dangerous or marginal. Clearly this law is intended to stop cold the unsafe toys entering the US from China earlier this year.

But this law as written will make most Etsy stores’ and hand-crafters’ websites’ normal business operation illegal. Renaissance fairs, art fairs, craft and street festivals would all have many goods in open violation of the law--if the sellers dared accept the risk of the massive fines in excess of probable lifetime earnings.

Some sellers of toys are seeking ways around the law, modifying their goods in ways which make them inappropriate for children--but they don't like it.

If you craft for babies or kids, or know some dork who does ;) go here to get a form protest letter and links to your senators and congressional reps.

This law needs to be modified by February.

Maryn
 
Last edited:

HeronW

Down Under Fan
Super Member
Registered
Joined
Dec 17, 2007
Messages
6,398
Reaction score
1,854
Location
Rishon Lezion, Israel
>Lead testing costs about $150 per item.

I hope that's per lot of material like tons of wood or yarn, etc.

If the raw materials are tested as lead free those guarantees should be forwarded to the items made.
 

Maryn

Sees All
Staff member
Super Moderator
Moderator
Kind Benefactor
Super Member
Registered
Joined
Feb 12, 2005
Messages
55,429
Reaction score
25,447
Location
Snow Cave
Nope, it's per item tested. If a woman makes three American Girl doll outfits, each different, she'd need to pay for three tests. If she stitches ten thousand identical outfits, one test.

In addition, the fact that all raw materials are certified lead-free by their manufacturers does not relieve the requirement for the finished product to be lead-tested.

It's just badly written law, done in a hurry. It's gonna cream toymakers and crafters.

Maryn, who wrote a better letter to her senators than the one offered (which wasn't even freakin' spell-checked)
 

GeorgeK

ever seeking
Super Member
Registered
Joined
Jul 17, 2007
Messages
6,577
Reaction score
740
The link to the law doesn't seem to work since it was "updated" according to the site. It's amazing how often that happens where the government solution to a bad law is to move the internet address or just delete the site so people can't read the laws themselves.
 

Mac H.

Board Visitor
Super Member
Registered
Joined
Feb 16, 2005
Messages
2,812
Reaction score
406
The link to the law doesn't seem to work since it was "updated" according to the site. It's amazing how often that happens where the government solution to a bad law is to move the internet address or just delete the site so people can't read the laws themselves.
Err .. the link was to a search result with the word 'temp' in the URL !

I'm guessing that this is the perma-link: http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.4040.ENR:


Mac
 
Last edited:

Maryn

Sees All
Staff member
Super Moderator
Moderator
Kind Benefactor
Super Member
Registered
Joined
Feb 12, 2005
Messages
55,429
Reaction score
25,447
Location
Snow Cave
Thank you, Mac H. Correction much appreciated.

Maryn, whose family member is selling off her stuff cheap to empty the store
 

K1P1

Procrastination is its own reward
Super Member
Registered
Joined
Aug 6, 2006
Messages
4,108
Reaction score
851
Ah, yes. Yet another reason why I publish knitting patterns so that others can knit them up, rather than selling finished items.
 

MaryMumsy

the original blond bombshell
Kind Benefactor
Super Member
Registered
Joined
Jul 18, 2008
Messages
3,396
Reaction score
829
Location
Scottsdale, Arizona
necro alert

I realize I'm necroing this thread, but does any one know if this law still exists? Or was it modified to exempt home crafters? A friend is considering an etsy shop, but all of her goods are painted. Even though they are decorative objects, and not intended for children, we all know kids grab things and chew on them.

MM
 

Filigree

Mildly Disturbing
Super Member
Registered
Joined
Jul 16, 2010
Messages
16,441
Reaction score
1,529
Location
between rising apes and falling angels
Website
www.cranehanabooks.com
I don't know if it's been updated recently, but I remember the stink in the crafting community when it first made the rounds.

Mary, your friend needs to check regulations in her state - is it AZ? I can look it up for you, if you need.

A lot of craftspeople I meet at the big local fairs have a printed disclaimer with their work, along the lines of 'This product is not intended for use by children age [insert value here] and under'.
 

Alessandra Kelley

Sophipygian
Staff member
Moderator
Super Member
Registered
Joined
Mar 27, 2011
Messages
16,874
Reaction score
5,189
Location
Near the gargoyles
Website
www.alessandrakelley.com
I don't know if it's been updated recently, but I remember the stink in the crafting community when it first made the rounds.

Mary, your friend needs to check regulations in her state - is it AZ? I can look it up for you, if you need.

A lot of craftspeople I meet at the big local fairs have a printed disclaimer with their work, along the lines of 'This product is not intended for use by children age [insert value here] and under'.

Good heavens, is that why that disclaimer keeps showing up on things which are clearly meant to be toys and baby things?
 

Maryn

Sees All
Staff member
Super Moderator
Moderator
Kind Benefactor
Super Member
Registered
Joined
Feb 12, 2005
Messages
55,429
Reaction score
25,447
Location
Snow Cave
As far as the crafter in my family can tell, the law still applies in New York. She stopped attempting to market her stuff and closed her Etsy shop. Ridiculous.

Maryn, freshly outraged
 

MaryMumsy

the original blond bombshell
Kind Benefactor
Super Member
Registered
Joined
Jul 18, 2008
Messages
3,396
Reaction score
829
Location
Scottsdale, Arizona
Thanks for the responses. She is in KS. She is doing OK at local fairs, but was thinking about the online thing with etsy. She does have warning tags on some items, but it is more for "don't leave this outside in the rain or the paint will bubble and peel". Not for "don't let your rugrat chew on this".

I'll have her bring it up with some of the other vendors, and see what they know.

MM