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Playing It Safer In 2009

Retailer resources for safety compliance

By Kathleen McHugh -- Gifts and Dec, 2/1/2009 12:00:00 AM

Kathleen McHugh is president of the American Specialty Toy Retailing Association.
Kathleen McHugh is president of the American Specialty Toy Retailing Association.

It’s 2009 and that means a new president, new economic realities and new toy safety standards.

At the moment, it may be those new safety standards that weigh the heaviest on the minds of specialty toy retailers. Small businesses face unique challenges as they work to ensure compliance on a very limited budget, and with much less access to expert legal advice and other resources than large manufacturers and retailers. The American Specialty Toy Retailing Association (ASTRA) is on the case, putting together tools for its retailers to use in managing their compliance with the new regulations.

“Toy safety, and helping our members understand the implications of how the new regulations affect their businesses and what is expected of them is a top priority of the ASTRA board [of directors],” says Kate Tanner, ASTRA board chair and owner of Kidstop Specialty Toys & Books in Scottsdale, Ariz. “It’s urgent. It’s a critical business issue. And for a small manufacturer or retail store, making a mistake on this could put you out of business.”

Yet the answers to even basic questions are anything but clear. What aspects of compliance are the responsibility of the manufacturer and which are the responsibility of the retailer? What products need to be tested? How many? Who pays? Are books included? Does all inventory manufactured before the new regulations went into effect need to be removed from the shelves? What does this all mean for the little guys, day in and day out, at “street level”?

The situation is made all the more complicated by the frequent—sometimes daily—new information provided by the Consumer Products Safety Commission (CPSC) that is not always consistent with previous interpretations of what the law actually mandates.

ASTRA’s commitment is to provide its members with the most reliable updates about the Consumer Product Safety Improvement Act of 2008 (CPSIA) and other relevant regulations whenever anything new becomes available. “Obviously, ASTRA’s role is strictly to be the best resource for information that can assist members as they address the new law and how new standards pertain to each unique business situation,” says Tanner. “What ASTRA can do is serve as a conduit and clearinghouse for the best and most up-to-date statements and rulings, so members have a strong base of information on which to make decisions.”

Here are some of the ways ASTRA members can get information about their responsibilities under the CPSIA’s new regulations:

  • Visit ASTRA’s website at www.astratoy.org. Members can log into the member section of ASTRA’s website and click “CPSIA Updates” to find handy resources that are updated regularly whenever more information becomes available. This is your one-stop source for all toy safety and CPSIA compliance materials that have been made available to members. In addition, links to resources on the Toy Industry Association website and the Consumer Products Safety Commission website can be found here—all in one easy-to-access location. Any and all manufacturers are strongly encouraged to use the ASTRA website to post links to their library of General Conformity Certificates (GCC) and Certificates of Compliance (COC).

  • Read member e-bulletins carefully for summaries of any clarifications offered over the past two weeks by the CPSC. Where possible, links directly to the source are included so readers can get the full story with a quick click.

  • Watch for special toy safety updates and alerts whenever new policy guidance has been issued by the CPSC. ASTRA gets information about compliance from a number of sources, including a former member of the CPSC staff who is now a private practice attorney specializing in product safety law. When appropriate, ASTRA compiles data from these resources into fact sheets and updates that are emailed to the ASTRA membership.

  • Participate in ASTRA toy safety webinars to be offered during the spring of 2009. Watch member e-bulletins and the ASTRA website for more details on dates and topics. Webinar leaders are experts on product safety compliance. These sessions are excellent opportunities to hear from—and ask specific questions of—people with vast amounts of knowledge about the issues in which they are involved.

  • Attend the toy safety compliance update at ASTRA’s 2009 Marketplace & Academy. A top-drawer panel of experts will discuss what the CPSIA means for ASTRA members’ businesses.

  • Find toy safety news and advice in the ASTRA monthly newsletter. Another good resource for summaries of emerging details and tales from the front lines, the newsletter is a convenient way to keep up with what’s happening now.

  • Take part in ongoing ASTRA listserv discussions about CPSIA implementation issues, tales from the front lines, and solutions that work in this convenient, members-only space for sharing experiences with other manufacturers and retailers.

Ask the CPSC

In addition to these opportunities for keeping up to date on the latest developments, specialty manufacturers and retailers may find it helpful to submit specific questions to the CPSC. That can be done online at www.cpsc.gov/cgibin/newleg.aspx, although it should be noted that the agency is struggling to keep up with the volume of inquiries it receives. Some answers may be found in a regularly updated list of Frequently Asked Questions on the CPSC’s website. Check them out at http://cpsc.gov/about/cpsia/faq/faq.html.

ASTRA requires all its members to be vigilant in their individual efforts to ensure that products sold for use by children do them no harm. “It’s the hallmark of the specialty side of the business. We know our customers personally, and we care deeply about the best interests of children,” says Tanner. “In many ways, the new legislation formalizes a commitment we have always had. ASTRA is here to help make sense of it all so our members can ensure compliance and then get on with what we do best—getting developmentally appropriate toys with high play value into the hands of kids, so they can learn through play.”



Author Information
Kathleen McHugh is president of the American Specialty Toy Retailing Association, Chicago.
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