The CPSC simply states that crafters don’t have to issue certificates “based on their testing” but “are cautioned to know” if other items used in their products are lead free. What that says to me is that the CPSC has no way on earth to know whether any individual seller has tested a product or not, and they aren’t even discussing this topic because they know this is impossible to monitor.

Besides, they have stated that they are short-funded and understaffed to begin with, which is why all those lead-contaminated products from China got into the country in 2007. Making this ruling is one thing; policing it is another. Read a little more closely, and you will understand that, given their limited resources, the CPSC must put their focus not on mom and pop businesses, but major manufacturers and retailers in this industry.

Frankly, I don’t think anyone knows what’s going on here. Everyone and his brother is making blog posts on this topic, which probably accounts for the fact that a lot of people in high places are now trying to do something about the mess the CPSC caused by issuing this ruling before fully understanding its economic implications.

Here are a couple of new blog posts that will be encouraging to you:

Etsy Admin has advised its sellers that “Manufacturers and importers – large and small – of children’s products will not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements.”

In his 1/30 blog post, Senator Jim Demint (SC) confirmed that there is massive confusion and uncertainty in the small and home business community. “The regulations are unclear and compliance will be practically impossible for many manufacturers. In an effort to keep the doors of these small businesses open, and protect the livelihood of many families, I will be introducing legislation early next week that will present much needed reform to the CPSIA.” I like his very practical ideas for how to fix this mess. Read the whole blog post here.

I’m not giving legal advice here, but simply stating my opinion. In view of the one-year stay on this ruling, I believe it would be economically foolish for any craft seller to pull their products from shows, fairs, or anywhere on the Web unless they have doubts about them being entirely lead-free.

The one year stay is only on the testing requirement. It is still illegal to sell products that haven’t been tested. This is another example of political expediency that creates catch 22s.