Letter to Bingaman: Shana of Moon Rabbit Toys

4 February 2009 

Dear Senator Bingaman,

I own a toy store in Santa Fe.  I am writing to you concerning the Consumer Product Safety Improvement Act (CPSIA) which was signed into law this past August. Now, you must understand, I am all for regulations.  I don’t want salmonella in my peanut butter.  I would certainly not want to sell toxic toys to children.  However, the testing requirements of this law and the new standards imposed on the toy industry are hurting American manufacturers. 

This new law was created in response to high quantities of lead found in Chinese made toys.  Lack of regulations in China is to blame.  Huge corporations like Mattel are also culpable for their laissez-faire attitude toward their Chinese factories.  Who are not to blame are small American toy companies who make their products domestically and have always complied with or exceeded safety requirements.

The CPSIA enforces third party testing of all parts of all toys. This testing is very expensive.  Many small American companies might go out of business because of the costs of this testing.  I do not believe that was the spirit of this law, but it is the word of the law.

In no way should there be over 600ppm of lead in any toy given to a young child.  600ppm has been the standard in this country for many years.  Now, all toys must adhere to no more than 300ppm of lead.  This is the most restricted amount allowed in the world. And this does not just apply to infant products; it applies to all products sold to children under the age of 12.

Therefore, I am sending you an American made balsa wood airplane that will be illegal to sell after February 9^th.  The company, whose letter I include, will allow me to send the planes back at their own expense.  Instead I have decided to send the plane to you.  This is not a toy that should be given to any infant; we can all agree on that.  But the slight level of lead found in the paint would not harm anyone who did not chew on it for a very, very long time.  Why should this American manufacturer have to destroy all these planes?  Why are they safe on February 9^th but become illegal on February 10^th?

I also include a letter sent from a highly prestigious German toy company.  This company, Selecta, is renowned for the safety of its wooden German made toys.  However, because of the requirements and expense of the CPSIA, Selecta has decided to give up on the entire American market.  They will no longer sell their toys in this country.  I believe this says a lot.

Finally, I am also sending you a stuffed bear.  This bear is made by a Santa Fe craft women and is sold by a Santa Fe business.  The wording of the CPSIA does not make it clear whether I need to have a third party test these bears for lead.  I just don’t know.  Do you know? Would you let me know?  (I wouldn’t want to break any laws.)

I thank you for your time.

Shana Hack
Moon Rabbit Toys
112 W. San Francisco St., ste 212-C
Santa Fe, NM 87501
505-982-9373
moonrabbittoys@mindspring.com