I have been reading about the new regulations regarding product safety testing for manufacturers.
Here is some information from the Fashion Incubator blog that boggles and frightens me:
http://www.fashion-incubator.com/archive/new-product-safety-regulations-that-affect-all-manufacturers/
http://www.fashion-incubator.com/archive/cpsia-requirements/
I know that the government considers me, a weaver and textile artist, a manufacturer.
How and where will I get the certificates of safety for my yarns, beads, fabrics and dyes? What about materials that have been in my stash for years or that I have purchased on eBay? What about fabrics that I have dyed and painted and discharged myself? Will I have to send each piece out to be tested individually? Aaaaaccckkkkk!!!!!
I can't understand the legal gobbledygook in the regulations, and it seems that the regulators themselves are unsure what it all means. From what I can see, unless they exempt the little people like me, I am out of business.
What is your take on all this?
Sunday, November 16, 2008
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6 comments:
Katherine, do you really put yourself in the "manufacturer" category, as an artist? Personally I wouldn't be concerned about regulations like that, I would feel they didn't really apply to me. I don't think you should worry about it, IMO.
Somebody somewhere is always trying to make life difficult for other folks, artists or whomever. Regulations like those are meant for huge companies/manufacturers who are likely breaking trade rules or doing environmentally-damaging things. Forget about it!
Connie,
The IRS certainly considers me a manufacturer! If you read the CPSIA rules, the problem is they do not differentiate small home businesses from the big corporate businesses. I think the agency is so overwhelmed with the new rules and how to enforce them at this point, they won't be beating down my door any time soon. I'm a bit tetchy about the government. 10 years ago, the IRS shut down a local knitter because she had two women knitting for her in their homes. She said they were contractors, they said they were employees. When it was all said and done, she owed over $200,000 in back work comp, medicare, social security and fines. She lost her business and her house.
Well, the contractor v. employee thing really IS a big deal to the government. But still, I wouldn't worry about the other thing. Don't mix apples and oranges.
Maybe it's because I've always listed my small business -- which has morphed numerous times in the past 18 years -- as Design Sales & Service on my Schedule C, rather than that I am a manufacturer. That moniker fits for the many things that I've done as a small business. I just don't perceive of myself -- or you -- as a manufacturer. So you might rethink how you present yourself on your taxes, if you're worried about it. If you were making widgets, putting cookie cutter pieces together to produce a consumer good, then maybe you'd be a manufacturer. But as an artist making one-of-a-kind woven art, I just don't get it. I feel you need to interpret the code in a way that works for you -- the IRS merely interprets the U.S. Tax Code, and usually to make it extremely difficult for small business to thrive. If you're doing your own thing, my philosophy is to stay under the radar.
Well, the contractor v. employee thing really IS a big deal to the government. But still, I wouldn't worry about the other thing. Don't mix apples and oranges.
Maybe it's because I've always listed my small business -- which has morphed numerous times in the past 18 years -- as Design Sales & Service on my Schedule C, rather than that I am a manufacturer. That moniker fits for the many things that I've done as a small business. I just don't perceive of myself -- or you -- as a manufacturer. So you might rethink how you present yourself on your taxes, if you're worried about it. If you were making widgets, putting cookie cutter pieces together to produce a consumer good, then maybe you'd be a manufacturer. But as an artist making one-of-a-kind woven art, I just don't get it. I feel you need to interpret the code in a way that works for you -- the IRS merely interprets the U.S. Tax Code, and usually to make it extremely difficult for small business to thrive. If you're doing your own thing, my philosophy is to stay under the radar.
I found your blog when googling dyeing and cpsia.
I have to disagree with constance- I DO believe this will affect all of us.
I currently dye silk & velvet scarves, as well as shibori fabrics that I am using in some baby quilts. I had not yet sold the baby quilts, but have had baskets of playsilks as some lower price point items at my shows & craft booth.
There are threads all over ETSY and EBAY, with many people saying they had finally gotten through to folks at the CPSC and it absolutely is for the *little guys*. We can call ourselves artists all we want, however- if we make something and sell it- even one a year- we are manufacturers to the CPSC. It doesn't matter what your taxes state. If you get caught the fines are huge and there are criminal penalties for the kids stuff.
As of Feb 9, you will not be able to sell untested merch meant for kids under 12. (And if some over zealous breaucrat decides my cotton candy pink scarf would appeal to an 11 year old- I can get in trouble for that too. It is open to *their* interpretation- not what we say it is.)
There are also very strict labeling requirements that go into effect regarding flamability of apparel and accessories. I still haven't figured all of those out yet. I think those are mentioned in the fashionincubator site.
While I know the dyerslist is specifically for *dyeing*- I'd love to know if you'd seen more discussion specifically related to dyers and fiber artists. The etsy threads mostly focus on the children's wear and toy makers, though some of the fiber dyers and so forth are also deeply concerned.
While I'd like to think "they won't do anything to artists" I have heard nothing but "no exceptions, no matter the burden to small business" anywhere i read about this subject.
Thanks for your comment, Beth. I haven't seen any more comments specifically for dyeing on the internet besides the ones you have found and the discussions on Fashion Incubator. I have written my congressman. The whole thing is boggling! I am totally overwhelmed at this point and not sure what to do next. I am hoping there will be enough of an outcry from manufacturers AND consumers that some changes will be made. I remain very concerned.
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