HR 4040 -CPSIA

Is anyone watching the new regulations on the sale of children's items? HR 4040, the Consumer Protection Safety Improvement Act, was passed into law in August; the deadline for compliance is February 10, 2009 (now being called National Bankruptcy Day), and most people haven't even heard of it.

The CPSIA was passed with good intentions (and you know what they say about those), requiring that all children's items be certified lead- and phthlalate-free. Everyone can see the good in that, right? But there are unintended consequences.

Updates are coming in faster than I can type this up, so I will try to make corrections.

Aside from the fact that this means thrift stores, Goodwills, consignment shops, and ebay sellers will have to stop selling anything lacking that certification (for lead, even items manufactured prior to the deadline), anyone who sells their own creations (children's clothing lines, handmade toys) will also have to go through expensive testing to have their product certified, then attach, and keep records of, an official tag. Penalties for non-cooperation? Anything from huge fines, to losing your Powerseller status on ebay (okay, I'm feeling sarcastic, ebay has a history of jumping on certain bandwagons - try selling the teacher's manual for your homeschool curriculum on their site: http://pages.ebay.com/help/policies/teachersedition.html).

As I'm typing this, I'm realizing that the baby blankets my mother and I make would fall under this law, even if, as someone else put it, we grew the organic cotton ourselves and had it harvested by virgins. The wooden pull-toys and pop-guns that my father made to sell at local craft festivals? Illegal. And most crafters are working the winter away on this summer's products, probably unaware that they will be unable to sell them. Update: Some natural materials are apparently exempted as of a change made this week - BUT they must be undyed and not have gone through any processing that might expose them to the hazardous substances.

During all of past few years' recalls, there was a movement toward "natural", handmade, wood-and-cotton type items. Cottage businesses sprung up, using only safe materials. These same businesses will disappear, if the language of the law is not clarified to allow exceptions for smaller companies. Mattel and Hasbro will have no trouble affording the fees for testing every component of every style of every toy they produce in the millions - they'll just tack the cost onto the price tag. The home-based children's clothing designer? She may only have five items in that style.

I have just lost the freedom to make another decision for myself, and as a parent, without the risk of breaking a law. I understand the good intentions, but ironically, they may have just put another brick in the road to China.

In the spirit of redundancy, this encourages high-quality European toy manufacturers to pull out of the US market. Companies like Haba, who already have more stringent testing in place, and don't care to take on additional, pointless requirements.

It's not just toys and clothing that are regulated. ANY item intended for use by a child under the age of 12 is covered under this law, including household items like children's furniture.

There is not much media coverage of this (maybe they're waiting for the Obama fun to settle down?), and what there is is confusing. Conflicting statements in online news articles quote government representatives such as CPSC Public Affairs Director Julie Vallese as saying there are exceptions for resale and consignment. In other articles, these same representatives will say they were misquoted, there are currently NO SUCH EXCEPTIONS, although I have seen people all over the internet quoting the original articles. A press release dated January 8th says that Vallese is now leaving her position with CPSC. (Did she get sick of working with big government?)

Example: http://www.tampabays10.com/news/local/story.aspx?storyid=97558 Note the conflicting quotes, and also the brackets. At least two of the articles I've seen have had "clarifying" words inserted into a quote meant to be construed as confirming an exemption.

The CPSC has tried to allow business owners to continue to sell older product, but they were sued by Natural Resouces Defense Council and Public Citizen, shutting down any loophole.

A Congressional hearing, which would have allowed witnesses to testify on the effects of the law's wording, was cancelled.

I doubt we'll hear much about this in the MSM until at least February, but it is already affecting small businesses everywhere.

This also affects educational and science supply companies (Need light bulbs for kids's microscopes? Good luck, one company has stopped selling them - there's a dot of solder on the base.), and the book industry is concerned, as retailers are requiring information from their vendors, in order to comply with the new law.

Okay, I'll stop. But do they think this helps the economy? Really, if they would just clear up the language, and think about the consequences of implementing this law on the huge scale it would require to enforce it, they could stop now, and prevent some damage. Hopefully they will realize what they've done. Don't laugh. Please. I'm trying to hold out hope.

The CPSC is currently accepting comments until January 30th:

http://www.cpsc.gov/about/cpsia/ComponentPartsComments.pdf

Questions: http://www.cpsc.gov/cgibin/newleg.aspx

Link to CPSIA:

http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML

A group keeping an informed eye on things:

http://www.fashion-incubator.com/phpbb/index.php?c=11

Big Update: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

The CPSC has issued clarification for resellers. Still a bit confusing:

"The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. 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.

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."

So...resellers don't have to test, but they can't sell something that exceeds the lead limit. How can you know this without testing? Basically seems to relieve the reseller of responsibility for testing, leaving it on the manufacturer. Crafters still bear costs then, at this point, as well.

Looks like progress, though! They're listening - keep talking!

Oh, did I mention that Ron Paul was the only state representative who voted against HR 4040? He sees what's happening, and speaks up - that's why I love the man.