Another question about wooden toys and the new law...

[Stephen Edwards]

Does anyone know if the new law that applies to painted wooden toys, and that has been discussed here recently, also applies to clear finishes on wood toys? Or, does it just apply to toys that have paint on them?

Are there any other legal issues that one should be aware of if making a wooden toy or game for sale that is made of wood and finished with some kind of clear finish?

Thanks for any information that you may be able to provide.

[Myk Rian]

It isn't a law yet. But, it would include any finish on toys.

[Stephen Edwards]

It isn't a law yet. But, it would include any finish on toys.

Thanks, Myk.

Have "they" defined what a toy is in the proposed legislation or ruling, whatever it is? Is a board game a toy? Is there a certain age range that this would affect? If you made a board game and advertise it for people of a certain age or older, would that still be under the requirements of this ruling? In other words, are there any exceptions if you're marketing a game to people other than small children?

[Jeff Sudmeier]

This is one law that I would get a professional opinion on before I started selling toys I made. It has gotten so bad that the local thrift shops, goodwill and St Vincent stores have huge signs that say they aren't accepting anything that could be considered a toy. (Including baseball bats, mitts, balls, etc).

I agree with the intent but the implementation has been horrible.

[Anthony Whitesell]

They haven't even decided on what needs to be tested. The wood, the finish, pre-packed items (like string), the glue?

[Stephen Edwards]

They haven't even decided on what needs to be tested. The wood, the finish, pre-packed items (like string), the glue?

Does anyone know the name of this proposed legislation or the number of the House or Senate bills?

[Marty Rose]

Stephen, If you Google "Handmade Toy Alliance" you will get the Information you are seeking.

[Frank Hagan]

"Consumer Product Safety Improvement Act" is law; it passed the Congress in 2008 with only one dissenting vote. The problem has been implementation. The CPSC has some information on it at their website at http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML

There are no levels of "acceptable" lead content, so you cannot use brass or aluminum on the toy if it can be put in the mouth. That probably prohibits the use of brass brads for attaching wheels, etc.

Regardless of whether you say there is any lead or not, you may have to submit your toy to a third party testing lab to ensure it does not have lead. They are currently taking comments on that portion of the law. I don't know how the battle for exclusions has shaped up for hobbyists or charities, but the last time I checked it didn't look good. One provision of the law is that you cannot export or even give away a toy without independent third party testing.

Overlawyered.com has several articles on it, including links to scientific materials companies that are no longer providing rocks to elementary school science classes (rocks can have lead), telescope companies that have abandoned children's telescopes because the testing cost more than the product is worth, etc.

And the second part of the bill, regulating the content of phalates in plastic, hasn't gone into effect yet.

[Tom Winship]

I originally posted the question about 2-3 weeks ago when I was at a craft show and one of the exhibitors was discussing this with me.
I mentioned it to my son and he said he was at a bike shop where they had about a dozen miniature powered motorcycles. When he asked the owner/friend why they were not for sale, he replied they were waiting for paint testing results to come back showing they were lead free.
Guess a slow death is better than a quick one!!!

[Stephen Edwards]

I bet this will be very interesting to watch and see how it plays out. My guess is that there will be thousands of American crafters who will be non-compliant if they don't amend this with some sensible exemptions for Mom and Pop businesses.

This not a good time to be putting Mom and Pop operations out of business, IMHO, especially when they aren't part of the problem in the first place. As I wrote in my letters to my Congressman and my two US Senators: "I'm reminded of the old saying, "Don't throw out the baby with the bath water". If ever there has been a time when we need to encourage the entrepreneurial spirit in our nation, that time is now."

It'll be a real drag if all of the neat, well built and perfectly safe handmade wooden toys that have been available for generations are no longer available.