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Current Status of the CPSIA, or "Lead Law" for Children's Products

January 17th, 2009

Crafty businesses are pissed about the Consumer Product Safety Improvement Act.  Really pissed.   On the surface it sounds good, and it certainly has good intentions behind it, but it carries a lot of new requirements that could put a lot of crafters out of business during a time when it’s already hard enough to get by.

The CPSIA sets new standards for the amount of lead and phtalates allowed in children’s products–from clothing to toys to furniture–which is good, in theory.  In practice, however, it requires every material in every component in every color of every product to undergo testing, which can cost thousands of dollars per product.  It also requires resellers of children’s products to carry safety certificates (GCC’s) for any regulated product they buy after February 10th (when the law goes into effect).  While large, foreign toy manufacturers may be able to absorb these costs, small domestic businesses and individual crafters may not.

Unsurprisingly, small businesses have been in an uproar about the CPSIA–so much so, in fact, that the issue reached #6 yesterday on Change.org, putting it safely within the top ten issues which will be presented to President-Elect Obama’s transition team.  People on Etsy.com have been petitioning the Consumer Product Safety Commission regularly, as have many popular small business bloggers.  Luckily, with the economy in the tank and public opinon firmly on the side of Main Street, these petitions seem to be getting heard.  Just last week Bloomberg News reported that “wool, cotton, silk, gemstones and pearls” would all be exempt from testing.  The L.A. Times also reported exemptions for “clothing, toys and other goods made of natural materials such as cotton and wood.”  And the CPSC itself released a statement on January 8th, stating: “Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.”

That’s a big relief, and of course the hope is that the CPSIA will continue to be updated to protect both children’s safety and the livelihood of small businesses, but we’re not off the hook yet.  All of the above statements are just press releases.  Nothing in the text of the law has actually been changed yet. So what can you do as a small business owner?  First, submit your own comments to the CPSC by January 30th. All the contact information can be found on the second page of this document.  Second, prepare your business if you sell any children’s products:

  • Contact the manufacturers of your materials to see if they have already tested their products.  If so, ask for a copy of their safety certificate.  If not, ask that they be tested (perhaps in conjunction with others who use their materials), or seek alternative manufacturers.
  • See if your products can be made with alternative materials.  Can your children’s jewelry be made with wooden beads rather than plastic ones?  Can that headband be made out of cotton, rather than polyester?
  • Contact your local representatives in Congress about this issue, or draft a petition and have all the crafters you know sign it.

There is still a lot of room for change in the CPSIA, but it won’t happen by itself, so be a swimmer and take responsibility for the survivial of your own business.

Crafty Business Questions: Pricing

November 19th, 2008

What’s the best way to calculate pricing for handmade items?

Pricing is a delicate process, and one that you should continually analyze and refine, because your sales can be hurt just as much by pricing items too low as by pricing them too high.  It’s a common misconception that lower prices equal higher sales.  In reality, price has a good deal of influence on how people perceive the quality of your goods.

Last year, Meg Mateo-Ilasco, the author of Craft, Inc. (a crafty-business book I highly recommend) led a session at a Biz Lady meet-up sponsored by design*sponge.  During this session, she told the group about how she tried to ramp down her invitation business by doubling her prices.  She figured that if she raised her prices significantly, far fewer people would be willing to hire her.  In fact, just the opposite happened–she became inundated with clients who wanted the high-quality design her prices indicated.

The perceived quality of your goods is just one factor in determining their price.  You also need to consider the cost of your materials, the time it took to make your products, and overhead–things like your rent and utilities if you have a separate studio (even if it’s within your house), merchant service fees, etc.  You should build a living wage into the price of your work, and folks, it should not be minimum wage!  You are a skilled craftsperson, not an indentured servant.  Just because a factory in Indonesia pays its workers slave wages doesn’t mean you have to pay yourself that way.  The typical wage for someone working in a creative field in San Francisco is about $22/hr.

Of course, you have to look at what the market can handle, too, and a craft fair is a different market than a gallery.  Your intricate and beautiful quilt may be worth $2,000, but you probably won’t sell it at the Bazaar Bizarre. That doesn’t mean you should lower the price, it just means you need to find another venue for it, and bring your $50 quilted pillows instead.

I recommend using the following calculations as a good starting point:

  • Double the cost of materials + cost of your time + overhead  = wholesale price
  • Wholesale price x 2 = retail price

Then do a search for similar products to yours on Etsy and see how they price out.  How high do they go before you come across shops that aren’t selling?  Can you add some more profit to your prices and still be within range?  Finally, test your prices online and/or at a few craft fairs.  Make adjustments as necessary.

I craft for the love and not the money, so I just charge people what it costs to cover my materials.  Why does this make some other crafters so mad?

In short, because some of us craft for the love and the money, and you’re threatening our livelihood.  Underpricing is a serious issue in the craft world. It hurts other vendors by making their goods look overpriced by comparison, and it hurts crafters everywhere by telling the world we don’t think our work is worth as much as that of “real artists.”  If you really just want to support your crafting habit by essentially giving your products away, I would recommend sticking to selling them on your own–to friends, family, and co-workers, or on your own web site.  Better yet, do give them away (and use the tax write-off to support your habit), or sell your products at full price and donate the difference to a worthy cause.

As a side note, many crafters underprice for other reasons, such as trying to compete with mass-produced goods or because they feel embarrassed at valuing their work too highly.  At the You Bazaar I came across a 10-inch plush character priced at $8.  I don’t care if the fabric, stuffing, thread and needle all came out of the trash; that price is too darned low.  It made me think there must have been something wrong with it, and that is the last thing you want your prices to imply to potential customers.

People buy handmade because they want quality and artistry, and for the msot part, they are willing to pay for it.  As Mateo Ilasco says, “You may be asked to explain your prices, but you should never apologize for them.”

I can’t really afford to charge wholesale or consignment prices, but I want the extra exposure.  Is it worth the financial hit?

That depends on what sort of exposure you want and how much of a hit you are taking.  It may be worth it to keep one featured product at a popular store that gets frequent press coverage or has lots of events, as this could drive more people directly to your business. On the other hand, a small store with few walk-in customers, one whose customer base doesn’t overlap with yours especially well, or one that doesn’t feature your product prominently might not be worth the investment.

You can also try to negotiate your own wholesale prices/consignment splits, especially with online stores that carry a low overhead.  50/50 may be typical, but if you explain your pricing and your product is popular, a store owner might agree to 60/40 or even 70/30.  You can even have different splits for different products.

Can I set different prices for cash and credit?

‘Fraid not.  I know it sucks, since you have to hand over part of every sale to the credit card companies, but it’s part of the merchant agreements for Visa, Mastercard and American Express that you can’t charge customers extra for using a credit card.  Only places like gas stations, which use totally separate systems for cash and credit (cashier vs. in-pump card-reader) can do this.

Crafty Business Questions: Sales Tax

November 11th, 2008

What are the rules about collecting/paying sales tax?

  1. If you sell tangible goods within the state of California, you must have a seller’s permit so that you can collect sales tax.  This applies even if you only sell things at craft fairs.
  2. You have the pay the sales tax rate for the particular county in which you sold your goods, not the rate for the county where your business is based.  Since the Bazaar Bizarre happens in San Francisco, you need to pay 8.5% sales tax on everything you sell there, even if your business is based in Los Angeles, where the sales tax rate is 8.25%.
  3. If you have a seller’s permit (sometimes referred to as a “wholesale license”) you don’t need to pay sales tax on the things you resell.  For example, if you make jewelry, you don’t need to pay sales tax on earring backings, clasps, etc. because they become part of the finished product.  If you already paid sales tax on these items, you can deduct it on your sales tax return at the end of the year. This rule does not apply, however, to tools and supplies like scissors or markers.  It also doesn’t apply to promotional or display materials, or to things you give away, rather than sell.

What if I (or my customer) lives out of state?

Sales tax rules apply to the state where the transaction takes place.  Even if you live in Oregon and your customer lives in Texas, if you sold them something at the San Francisco Bazaar Bizarre, you have to pay San Francisco sales tax to California’s State Board of Equalization.  When selling things online, you only need to charge your customer sales tax when your business and their shipping (not billing) address are in the same state (assuming your state collects sales tax).

I don’t want to have to use a calculator and make small change at the Bazaar Bizarre.  Can I just have the tax be included?

Yes.  Contrary to popular belief, sales tax is actually a tax on businesses for the privilege of being allowed to sell things in the state of California (or elsewhere).  Most businesses pass this charge on to their customers, but you don’t have to.  I tend to keep my craft fair prices in whole dollar amounts and just eat the sales tax to keep things simple.  But you can also increase your prices here or there to make up for it.  Just remember, whether or not your customers pay sales tax, you most definitely have to.

Okay, fine (heavy sigh). Where do I sign up to get the stupid seller’s permit?

Since Jamie already posted all of this info on the Bazaar Bizarre vendor page, I’m just going to copy it below (thanks, Jamie!).  There is still time to get your seller’s permit, but not much, so if you haven’t applied for one yet, do it this week!

You can get tax information here:http://www.boe.ca.gov/info/reg.htm#sales or at their FAQ Page http://www.boe.ca.gov/sutax/faqscont.htm It is FREE to apply. Most of you (who do not already hold a seller’s permit) will need to fill out the BOE-400-SPA Seller’s Permit Application which available for download from this LINK. The completed application can be delivered in person, mailed or faxed to the local field office.

If you have any questions please refer to http://www.boe.ca.gov/info/reg.htm#sales Representatives from the State BOE are available to assist you with permit questions Monday through Friday (except State holidays) from 8:00 A.M. to 5:00 P.M PST. A registration packet will be mailed to you within 24 hours. You will generally receive your permit approximately two weeks after they have received your completed application. Incomplete applications may delay the process.
From TDD phones: 800-735-2929
From voice phones: 800-735-2922
Bay Area Local Field Office: (916) 227-6600 *Press 0 to talk to an agent, and they will give you fax information. This is probably the fastest way to process your paperwork if you do not have a lot of time.

You must have your permit by the time you vend. California law state that you must have a resale certificate in order to make sales. You are considered a retailer if you are selling any tangible items to customers.