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By Kristen Ryan, About.com Guide to Toys

Small Toy Makers Panic due to Toy Testing Law Soon to be in Effect

Sunday January 4, 2009
The Consumer Product Safety Act of 2008 which was approved in August 2008 comes into effect in February of 2009.

The new law was put into place to ensure safer and hazardous chemical-free toys following the toy safety issues which have been prevalent of late. The levels of lead in kids' toys are to be kept to a bare minimum, both in the surface coatings as well as in the material of toys. Six types of phthalates are to be completely banned, especially in chewable toys. The crux of the new law is the mandatory toy testing which must be done by an accredited independent assessment body.

While it is extremely heartening to see stricter toy safety measures being enforced by the government, there is also another issue which is arising as a direct consequence of the new law. Toy manufacturers have a deadline of February 10th to prove that their toys comply with the new law. By February 10th, toy firms must prove to the government that their toys are compliant with the new safety standards. This includes toys in their current inventory - toys produced before the new law was passed. If they don't, they run the risk of being fined with huge penalties coupled with hundreds of thousands of dollars of worthless inventory.

So, what's the problem, you may ask. Well, did you know that toy testing is amazingly expensive? My sources say that toy testing can run anywhere from $500 to $5000 per toy for a smaller toy manufacturer. While I don't see this being a problem for the bigger toy manufacturers, the smaller, independant toy retailers and manufacturers and the handmade toy industry are really feeling the punch.

Among the affected are speciality toy retailers like Learning Resources, work-at-home moms making handmade toys, small to mid sized local toy manufacturing companies and smaller importers of toys from countries like Europe and the rest of the world. I'd like to point out that this new law will certainly have a negative impact on many of the "Made in USA" toys as well.

The handmade toy industry is going to be responsible for proving that each and every piece of yarn, each block of wood or each and every button used in their toys is safe. It's a far cry to be able to expect these folks to be able to afford the toy testing and still make a decent living in a worsening economy. An organization called the Handmade Toy Alliance is attempting to make their voice heard in the light of the situation. They would like to see changes being made to the new law which provides exemptions and some sort of relief to the small scale manufacturers.

The Consumer Safety Product Commission has not yet made any commitments towards providing any kind of exemptions to protect the small scale toy industry. In the meantime, the clock is ticking - the February 10th deadline isn't too far away.

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