I agree that protecting our children from bad manufacturing processes, lead and phthalates is the most important. But the way this law is structured targets the wrong group. It responsibility for testing should be on the manufacturers of the supplies and materials that go into toys.

Just like with fabric flamibility requirements, the manufacturer of the fabric does the testing and certifications, and all consumers are then protected. If I want to make children's sleepwear and sell it, I can be sure that what I make is safe because I use materials that are certified as safe. Otherwise, an indication that "this is not to be used for children's sleepwear" is included. This structure protects not just a clothing manufacturer, but also every mom that makes clothes for her own children.

The same should be true for all materials that could be used for children's toys. I would never make a toy for my daughter that needed to be painted, because the manufacturers of paint don't indicate what the lead levels are for that paint. With this new law, requiring toy manufacturers to do the testing, I still won't be able to trust the paint available to make my own toys.

This law will kill off the opportunity for mothers and fathers to earn extra income for their families by making children's toys for sale. It will also completely miss protecting them when making toys for their own children. It may seem like a small issue or effecting a small population, but millions of families will be hurt by this. Both consumers and toy makers.

1) A list of materials where there is no concern for lead or phthalates, where manufacturers can prove there is no or very very little trace of these ever incorporated in the manufacturing process (like yarn and fabrics, and others) should be excluded from expensive testing that will only drive up prices.
2) Materials that could be suspect should be tested by the manufacturers of those materials and labeled as such.

This would be I can make toys for my daughter, knowing they are safe. The woman down the street from me can make toys using the same materials and know they are safe. We can support our families selling the same toys we make for our own children, and know that they are safe.