#Government
Target:
Doll & Teddy Bear Collectors, Miniaturists, Toy Suppliers
Region:
Canada
Website:
www.canlii.org

On Friday, March 6 2009, Martin House Dolls had an inspection conducted on the products that we carry for the first time in the 24 years we have been in business. Because the majority of our products are unique, many were found not to comply with the regulation. If these were not rectified within 30 days, these items would have to be removed from sale.

The regulation stipulates that all stuffed articles must have a tag attached to the product which states that the item is stuffed with all new material, a registration number and the material used for the stuffing. This tag also needs to be in French.

In order to obtain a registration number, each manufacturer and/or artist must complete a registration form with the TSSA and submit an annual fee. For manufacturers the annual fee is $400. For “Hobbyist” the fee is $20 however they must reside in Ontario and they can only sell less than 1000 pieces in a year. If this “Hobbyist” were outside of Ontario, they would have to pay the $400 fee.

To give you an example, the inspector examined one of our one-of-a-kind dolls. This doll is made in the Netherlands by an up and coming doll artist. The doll is made of porcelain with mohair hair but has a cloth body as most porcelain dolls do. This doll retails for $1000 and it is the only piece we have from this artist. In fact, it may be the only piece we will ever have from her. How can we possibly approach this artist and tell her she needs to pay a $400 annual fee in order for us to sell this one doll? Yet if she were from Ontario, she would only have to pay $20.

One-of-a-kind and display pieces are not for playing with. They are considered pieces of art and similar items can be found in galleries and art museums around the world. How would something that would be used for display impact a person’s life without being in direct contact to it?

The majority of the miniature dollhouse furniture was also found not to comply with the regulation. Because these miniature beds had mattress, the miniature couches and chairs were upholstered, they were going to require these labels. Even if registration was possible, just how are they to attach a label onto an item that is no bigger than the label itself?

In the US there are similar laws in Pennsylvania, Ohio and Massachusetts, however, none of these states require labelling on miniature furniture and/or collectible dolls. Also the registration fees in these states are much less. In Massachusetts, the fee is $100 US annually. In Ohio, it is $50 US annually. In Pennsylvania, the fee is $25 US but if you are considered a “hobbyist”, the fee is $0. In all three states, there is no “penalty” or extra fee for residing outside of the specific state or even the country.

Martin House Dolls carries only the highest quality collectible toys. The majority have quality certification from LGA QualiTest GmbH in Germany as well as the CE safety mark. These European safety standards are considered to be even higher than here in North America. How can this regulation create a level playing field if these smaller companies and/or artists simply cannot afford to pay for this registration?

It would simply not be worth it for the individual artists and companies where Martin House Dolls is the only store in all of Canada that they supply. We have well over 500 suppliers that we deal with. The vast majority are individual artisans including miniaturists, doll & bear artists plus very small companies. Only about a dozen would be considered major manufacturers. The $400 annual fee is nothing more than a disguised import tax. Our inventory makes us uniquely different and has for over 24 years. How can we possibly continue to be a specialty store when we can’t even sell these specialty items? If our suppliers simply cannot justify paying this fee, Martin House Dolls will have no other choice but to close and frankly be regulated out of business.

We feel this regulation is far too broad and collector pieces should be exempt. Also the fees are far too high for individuals and smaller companies. We are asking for your help and are asking for you to sign this petition.

Hon Harinder S. Takhar
Ontario Ministry of Small Business and Consumer Services

We the undersigned are customers, suppliers and staff of Martin House Dolls. We feel the decision to include collector and one-of-a-kind dolls and dollhouse miniature furniture in the broad definition of “Stuffed Articles” in Reg 218/01 by the TSSA (Technical Standards & Safety Authority) on March 6, 2009 is unjustified. We feel that because these items are considered display pieces and they do not come into direct contact with people in their every day lives that they should be exempt from this regulation.

We also feel the “Hobbyist” fee for an artist living outside of Ontario is unjust and the fee should be the same for every hobbyist regardless of where they are located. Also small manufacturing companies that sell less than 1000 pieces within Ontario in a year should be considered a “Hobbyist”.

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The Exclude collector dolls & dollhouse miniature furniture from provincial contents labelling petition to Doll & Teddy Bear Collectors, Miniaturists, Toy Suppliers was written by Martin House Dolls and is in the category Government at GoPetition.