Craftspeople see safety proposal as threat

When Sherry Aikens left her job at a Philadelphia athletic apparel company to stay home with her daughter, she started making children's clothing on her own.

Having now sold more than 3,000 of her customized satin and felt superhero and princess capes, Babypop is one of the top sellers on Etsy, a Web site that features unique handmade products from more than 200,000 artists around the world. But a new federal law targeting dangerous chemicals in toys may leave Aikens - and thousands of craftspeople - in need of their own cape. Somebody, they say, has to save the day.

The Consumer Product Safety Improvement Act, expected to go into effect Feb. 10, has set off a groundswell of panic - and "craftivism" - from the handmade community. Blogs are giving of-the-minute updates. "Save Handmade. Amend CPSIA" is plastered on buttons. Artists are pleading with the government.

"The government thinks of a small business as 500 employees or less," said Matt Stinchcomb, vice president of communications at the Brooklyn-based Etsy. "They're not thinking about a stay-at-home mom who sells 10 wooden toys a month - that's just not on their radar."

Generally, the law requires that manufacturers of products for children younger than 12 - that includes toys, jewelry and clothes - obtain a certificate attesting that their products are free from lead, certain chemicals such as phthalates, and choking hazards. To obtain that certificate, items must be tested by a lab. And as part of that testing, the item is destroyed. The act is overseen by the U.S. Consumer Product Safety Commission, an agency that aims to protect the public from products that could pose a health hazard.

"Testing can run anywhere up to $4,000," said Aikens. "It's one thing if I just have to do it once, but if I have to do it every time I switch materials, for a company like myself, that's several weeks of sewing just to make that kind of money. So what's the sense in doing business?"

Some items are exempt. For instance, anything made of natural materials, such as cotton or wool, is OK, as well as electronics or other items that have inaccessible lead parts.

Also, one-of-a-kind items would not have to meet all the testing requirements, according to Julie Vallese, director of public affairs for the CPSC, because conducting such a test would eliminate the original and only product. However, all nonexempt products would have to meet the lead requirements.

The proposed act resulted from a massive June recall of toys made in China, including more than 1.5 million trains and rail components that were coated with lead paint. (Lead has been found to cause brain damage in children when ingested.) It was that kind of danger Congress aimed to prevent.

The goal of the act, signed by President George W. Bush on Aug. 14, is great, said Stinchcomb. It just didn't take into account that not everyone making children's products is a major producer.

Still, Stinchcomb said, the commission has been willing to listen to the Etsy community - a very vocal one - and is trying to host either a virtual meeting or a podcast. The commission also will be accepting comments on its Web site until mid-February. Plus, Vallese assures the handmade community that even after Feb. 10, Congress will be able to make changes to the law.

"We're very sensitive to this segment of the population," said Vallese. "It's still up for discussion."

Stinchcomb is optimistic the commission will find a way to protect sole proprietors, many of whom say they started making their own products because of concerns about chemicals.

The answer can't come soon enough for Renee D'Amico, a stay-at-home mom from Richboro who makes baby blankets and clothing as part of her company, Tadpole Creations. Although recent exemptions might help with the cotton blankets she makes, D'Amico uses other fabrics and materials that might be restricted under the law.

And while most of the items she makes are unique and therefore could fall under the one-of-a-kind exemption, D'Amico said she's still uncertain about the details. What if she uses the same elephant design on several T-shirts? It's the same design but a different shirt.

"They really need to define what they're saying and make it clear," she said. "There are things like fabric paint and polyester thread. Are those things OK?"

After a year and a half in business, she now sells about 100 items a month, and it makes up about half her income, she said.

"I'm highly concerned that I'm either going to be out of business or very limited in the products that I can sell and make."