Archive for the ‘CPSIA’ Category
February 11th, 2009 | 
Author: So what is happening the day after National Bankruptcy Day?
Shoppers at 14 Kansas Goodwill stores are wondering "where are the kids toys and clothing?"
Video is below and Press Release is here. Report by The Wichita Eagle says, "Right now, though, shoppers — including many who see thrift stores as a way to stretch their dollars during hard economic times — are likely to feel the most effect."
"Internet Surveillance Police" according to KPTM Fox42 Omaha, NE, will be monitoring Internet Sites such as Ebay, Craigslist and others who may sell non compliant products.
Click here to see the Feb 9, 2009 article & Video. And, in case you are wondering who the surveillance police are.. they are your consumer groups and State Attorney Generals.
Stone Soup Consignment store rented their own XRF x-ray lead gun to test, a $1,500 cost to rent for a week which discovered enough to send 30% of their products back to their original owners. See News article & Video here.
St. Vincent Center in Union Gap, WA is pulling items too. They’ll be storing items until they decide how they can test them. Full Story here.
Thrift stores are not the only ones hurting from this law. Small manufacturers, retailers and crafters who make one of a kind items are finding it hard to comply to such stringent rules. Many believe that if the CPSC had been doing their job in the first place, monitoring more closely those manufacturers who import tainted products, force stricter penalties on repeat offenders, and basically just upholding our existing laws then it wouldn’t have come to this. But because of the outcries of the nation bashing the the Consumer Product Safety Commission for not doing what everyone thought was their job (to scan every product of every company and importer)…Congress passed a hastily, disorganized, complex law with such strict rules all in the name of protecting our kids that it hadn’t considered how it would impact, clothing manufacturers, library books, American toy manufacturers, the work at home mom who makes one of a kind items, motorcycle & ATV manufacturers, and yes..even thrift stores! If you want to see if you are inpacted..then read all about it here.
No one wants to see contaminated products sold to or used by our kids. And if there is an immediate danger I’d be the first to stand up. However when there is not an "immediate" danger, and if all parties involved could have had the chance to have input to this new legislation then together we could have resolved a solution that would have protected our kids while not forcing small business owners to close their doors, crafters to stop making wonderful one of a kind items, and thrift stores from serving our communities. Thank you Congress. You have just increased the unemployed, worsened the economy, and have forced many low income families and those who just like to recycle and buy second hand to continue to support other countries like China.
Today marks the launch of a new way large and small manufacturers and business will have to conduct business. Today the CPSIA law goes into effect! Yes, effect! If you need to know more about what it is you’ll have to read my previous posts as it’s quite a lengthy, complicated, hard to understand, misinterpreted piece of legislation that was passed by the house in August 2008 and signed by then President Bush. Although many, including NAM (National Association of Manufacturing) wanted the effective start date to be suspended for 185 days the request was denied by the CPSC with a unanimous vote of a big whopping 2-0!
In an effort to ease some confusion about the law and for the CPSC to allow itself time to work things out they issued a temporary one year Stay of Enforcement , be sure to read the fine print. This stay basically means they don’t have to come after you since they won’t have time because they are still trying to address concerns and issues brought up about the law to the department. So the stay does not get you off the hook from complying, it only relieves them from having to enforce it for now. And, although the CPSC has relieved themselves from having to enforce it for now, many State Attorney Generals who have been deputized as well as very active special interest consumer groups will be standing by waiting to fill the enforcement job. Wonder if the Mom’s Rising group who sells t-shirts, mugs and baby onesies has had their testing done on their products or requested their supplier (Zazzle) to send them their testing certificates! Funny how this group says "And we played our part too. MomsRising members sent nearly 100,000 letters in support of this legislation." Yet so many manufacturers, retailers and craftsmen had no idea it was even being considered.
In trying to "do the right thing" small retailers and crafters are realizing that many large manufacturers are not yet compliant. Some are still not sure how, when or even if the law is still a "law" and don’t seem to understand the scope of the legislation and how it affects manufacturers. This leaves retailers confused, because even though the CPSC has placed a stay of enforcement (enforcement only …not implementation) retailers are having a hard time getting their GCC’s (copies of testing certificates that the CPSIA says they are to have in order to sell a product).
Today, February 10, 2009 the CPSC issued its first round of Guidelines for Small Businesses, Resellers, Crafters and Charities. If you are not sure if this law pertains to you or how or what you should do…just take a peek at their guidelines. Bottom line, if you aren’t ready or planning on getting ready pretty quick then the stay once lifted (which can be done at anytime without notice) will be enforced head on by the CPSC. And if you support the CPSIA with the way it is written then make sure you are not affected too before jumping in the rocket without inspecting your ride. Otherwise you’ll be headed for a downward spiral fall with the rest of us.
MORE CPSIA Resources:
www.600ppm.com – Everything you need to know to stay compliant – heck even the catchy domain name won’t let you forget!
Walter Olson – www.OverLawyered.com – has written a complete set of chronicles (heck he may have a book ready by now) about CPSIA, and with his efforts
Forbes.com has published a 50 state survey of business CPSIA distress.
The Official CPSIA Cheerleader (keeping our spirits up when needed) – has recorded group phone calls about CPSIA
www.theSmartMama.com – Jennifer Taggart, Product & Safety Attorney has been helping businesses interpret and understand the law and has generously helped small home-based businesses with testing and compliance certificates.
www.FashionIncubator.com – Kathleen Fasanella, the top resource for CPSIA understanding and speaks out for manufacturers in lobbying against the CPSIA as written.
In a second letter dated February 4, 2009, Waxman, Rush, Rockefeller and Pryor push CPSC Chairman Nancy Nord and Commissioner Thomas Moore again to "act" on resolving concerns about the CPSIA which goes into effect February 10, 2009. The CPSIA stay of Enforcement was issued January 30, 2009, in which Nancy Nord says..
"This stay does not change the underlying standards enacted by Congress, including the toy standard, the phthalates standard or the retroactive lead ban. It especially should be emphasized that because we cannot change the retroactive effect of the lead ban to existing inventory, this stay will not provide relief to the charities, thrift stores and other small retailers who must still meet the standards enacted by Congress. To effect this change, Congress will need to amend the statute."
But the four powers that be aren’t accepting the comment above nor much of anything else that was written in the stay. They are insisting that the CPSC do something to alleviate all the heated concerns of those involved. In their return letter written February 4, 2009 they say…
"The stay appropriately does not affect the lead and phthalate limits in the law, which everyone agrees are critical to protect children."
"Now the Commission can and should take further action before the February 10, 2009, deadline to (1) establish a clear timeline for its decision making in the coming year, spell out what the Commission will need to accomplish in order to fully implement the law and (2) address continued confusion in the marketplace."
"We specifically ask that you issue guidance on four major issues before February 10, 2009: overall enforcement policy; application to thrift stores; application to ordinary children’s books and libraries; and application to fabrics and apparel. Such guidance will not require rule making or other protracted action by the Commission, and each requested action is achievable in the immediate future."
"We urge the Commission to fill these gaps immediately, before the February 10, 2009, deadline, as is fully within its authority and responsibility."
It sounds like the CPSC and those four can’t seem to get on the right page as to who should be "acting". Meantime while they hash it out Senator, Jim DeMint has a plan and a good one at that! He filed a bill Wednesday, February 4, 2009 that was co-sponsored by three Republican senators. More on story here.
There’s still a few more days left before February 10 so we’ll see what happens. I know jobs are scarce, but frankly I wouldn’t want to be working in the CPSC department right now. Talk about pressure…you’ve got the whole nation, lots of associations, tons of business owners and Waxman, Rush, Rockefeller & Pryor all telling you something has got to give and it better be done by February 10th! Actually, I’m hoping something will give too…like what Walter Olson says, "Scrap the Consumer Product Safety Improvement Act", in a lead free recyclable trash can of course, and start over with something reasonable for business owners while addressing the real concerns about safety and our kids.
