The Consumer Product Safety Improvement Act (CPSIA) takes effect on February 10, 2009 and limits the amount of lead a product intended for children may contain and mandates compulsive product testing. The new standards restrict the sale of children's products that contain more than 600 parts per million (ppm) total lead or those that contain more than 0.1% of certain specific phthalates. Later in the year, the lead content levels will be further reduced to 300 ppm. Children's products cannot be sold in the United States if they have not been tested and certified to meet the new mandatory standards for toys and product intended for children.

The U.S. Products Safety Commission's new law requires that importers and domestic manufacturers certify that children's products made after February 10 meet all the new safety standards and new lead limits. Any children's product without such certification must be destroyed by that date. A children's product is defined as any consumer product designed or intended primarily for children 12 years of age or younger. Children's products include children's apparel, toys, furniture for children, children's books, children's art supplies, cassettes and CD's for children, printed game boards, posters and educational materials. By law, retailers of children's products may sell only items that have been certified to meet the new standards.

While this law intends to improve the safety of children's products, the problem is that certification can cost up to $4000 per product style. Many argue that the high cost of the mandated product testing will prove prohibitive for all but the largest toy manufacturers. Small manufacturers and individual artists and craftsmen that produce imaginative, educational and safe toys and products for children will not be able to afford to pay for third party testing and will no longer be able to stay in business.

Understandably, there has been much opposition to the CPSIA's new requirements. Many are outraged that the approved methods of testing are overly broad and unreasonable. For example, a wooden toy manufacturer won't be allowed to have paint tested before it is applied. Instead the paint will be tested after it has been applied. If the manufacturer produces 200 different wooden toys, each of the 200 different models would have to be tested, at a cost of many thousands of dollars.

This law could mean the end for small clothing & toy companies, as well as diversity in the children's product market. The new Obama administration has until the February 10th deadline to amend this law that many feel defies common sense. It is anticipated that many small artisans will be force to file for bankruptcy, and due to poor legislation, unnecessarily join the ever-growing list of unemployed.

Many high-end children's stores that carry baby and children's apparel and speciality children's products from lesser known designers, artists, and toy makers are hoping for the Act to be revised so that their businesses are not negatively affected. Additionally, many of these retail store owners hand select many of the products that their stores carry base on quality and safety and only buy from reputable manufacturers who produce clothes, toys and children's products that are innovative, creative and, above all safe. For this reason, they are anticipating the impact that the Act as well as the new Administration will have on their businesses.

Since most of the clothes and toys that smaller boutique shops carry are designed and created by artisans, many of the wonderful products will no longer be available because small manufacturers can't afford to have their products tested in compliance with the new CPSIA regulations. It is indeed unfortunate that responsible small business owners who create very special children's products will be put out of business, while large manufacturers who can absorb the expense of product testing, can continue to mass produce items of inferior quality. Furthermore, some small children's store owners will no longer be able to employ the local small-production designers that make one of kind items because it is simply cost prohibitive.