I'm afraid I'll sound a bit like Jerry in this post about our government...not that would be a bad thing...it's just not my usual type of post. So bear with me or skip it if you so desire.
If you haven't heard about the Consumer Product Safety Improvement Act, I wouldn't be surprised. It seems to be America's best kept secret. Remember all the recalls last year due to lead in toys? Even our family was affected and sent several lead infested trains back to the manufacturer for replacement. I also received a small ($30 store credit-don't spend it all in one place...oh yeah, I have to!) settlement because of those recalls.
Well, last summer/fall while we were all busy watching the election and economic news coverage, Congress quietly passed a law to help "protect" children by requiring ALL products (clothes, toys, books, etc.) sold for children under age 12 be tested for lead and phthalates. In their haste to get this bill passed, Congress unfortunately didn't consider the impact this would have on the resale and home/small business industry.
Children's products that don't meet the requirements will be "banned hazardous substances" under the Federal Hazardous Substances Act and can't be sold as of February 10th. This law is also retroactive and covers products manufactured before the date. This is bad news for small businesses (crafters, Etsy, eBay, etc.).
It is also BAD news for the environment. What is more "green" than re-using and recycling clothing and toys? These questionable items will cause TONS of additional piles in the landfills. Some items that end up in the land fill will actually meet the requirements but since the testing costs too much they will end up there anyway!
Originally there was no exemption for the resale industry (meaning no thrift store or garage sales for untested items). However, yesterday, the
CPSC issued a "clarification" (ha!) saying:
The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.
Well, CPSC, how on earth would one know if a product exceeds the limit without testing? If these items can't be sold without determining whether they are compliant, then what is going to happen? I'm guessing many thrift and resale type stores won't want to take the risk of being sued. Many businesses will close and jobs will be lost, especially bad news during these hard economic times.
What do you think will be happening to prices as companies pay to have EVERY component of EVERY product tested? [For example: a shirt would need the thread, fabric, buttons, zippers, and decorations all tested.] Our habit of buying cheap junk from China is going to come back to haunt us. How many children have died due to lead poisoning anyway? Not lead from paint or household items but toys, clothes, and books? Are Chinese children dropping like flies due to all the lead in their clothes and toys? I guarantee more children die related to disease caused by second hand smoke, yet the government doesn't do anything to stop those deaths!
We had a short discussion regarding this at my Mother's of Multiples club meeting last night. We have a resale twice a year and all of the items we sell will be affected by this new law. Reading the CPSC's clarification didn't really ease my mind about selling second hand items. One of the main questions: How will they enforce this? I'm not sure, but that is a bit beside the point really. In good conscience, should you break a law just because you're almost certain you won't be caught?
Listen, I have six kids, five of which put all sorts of stuff into their little mouths; I can honestly tell you that lead and phthalates wasn't even on my "things to worry about" list! Do I think toys could be safer? Sure! But there has got to be a better way. This might make more sense if millions of children had died of lead poisoning. But right now the benefits do not justify costs. Uncle Sam is trying to help us out by making EVERY children's product we buy cost MORE during the biggest "economic" downturn this country has seen since the Great Depression! Congress (and for sure Senator Kohl-who I got a response from today) just doesn't get it. Probably because most of these people either don't have small children or won't have trouble buying more expensive, newly tested items. In my opinion, it's just another example of the government going a bit too far.
I have much more for you to read about this, but I don't want this to be a book! Below are some links to read more.
To read more:HOW YOU CAN HELP:
- Write your congresspeople. Find your Representative and your Senator.
- Contact the CPSC , send an email directly or contact chairperson Nancy Nord at 301-504-7923 The CPSC stated they want to here from consumers.
- Post your concerns on your blog, on Facebook, or on MySpace.
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Here is the contact info for our area:
US Senator Herb Kohl (202) 224-5653 or
emailUS Senator Russ Feingold (202) 224-5323 or
emailUS Representative Steve Kagen (202) 225-5665 or
emailUS Representative Tammy Baldwin (from WI) was on the committee that introduced the bill.
Her contact information is: (202) 225-2906 or
email