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And by "great" I mean "you will be all fired up"

CPSIA coverage on OverLawyered.

Wonderfully thorough & highly recommended!

S.374
Title: A bill to amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses.

Sponsor: Sen DeMint, Jim [SC] (introduced 2/4/2009) Cosponsors (3)

Latest Major Action: 2/4/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Here are the members of the committee, if you live in these states call your Senator and urge them to support this legislation! Don't let it die in committee!

Chairman John D. Rockefeller, IV (WV)
Daniel K. Inouye (HI)
John F. Kerry (MA)
Byron L. Dorgan (ND)
Barbara Boxer (CA)
Bill Nelson (FL)
Maria Cantwell (WA)
Frank R. Lautenberg (NJ)
Mark Pryor (AR)
Claire McCaskill (MO)
Amy Klobuchar (MN)
Tom Udall (NM)
Mark Warner (VA)
Mark Begich (AK)

Ranking Member Kay Bailey Hutchison (TX)
Olympia J. Snowe (ME)
John Ensign (NV)
Jim DeMint (SC)
John Thune (SD)
Roger Wicker (MS)
Johnny Isakson (GA)
David Vitter (LA)
Sam Brownback (KS)
Mel Martinez (FL)
Mike Johanns (NE)

Senator Jim Demint of South Carolina will soon be introducing legislation to amend the CPSIA.

Please take a few minutes to call both your Senators and ask them to support this legislation.  It won't get anywhere without wide bi-partisan support.

Remember, phone calls are 1000 times more effective than an email, so don't be shy!  If a phone-phobe like me can do it, you sure as hell  can too.

This was posted on a boutique cafe blog post by Senator DeMint's staffer:


Tom Jones Comment from Heather Flottman's Blog
Heather's full post- http://www.boutiquecafe.com/home/2009/01/31/2188/

Heather- you hit the nail on the head here.
First an introduction. I'm Senator DeMint's staffer that handles the CPSC issues for him. A couple quick things.
If your readers could:

1) Call their Senator Monday and let them know that the problems with the CPSIA still exist. There are still liabilities issues out there, its not clear yet what retailers reaction to the order will be (its great to not have to test for a year but if no one will sell your goods that a bit of a hollow victory), PIRG is going to sue to overturn the order and the order doesn’t do anything to deal with State AGs. And of course all the problems come back full-bore in a year. Please try to impress these things on your Senator’s office.

2) When you are on the phone with the office make a very specific [request]. Let them know you want the Senator to co-sponsor the DeMint bill. Have their staff contact me. (I work on the Commerce Committee and my email is in the “Global Email Directory.” (they’ll know what that is) I can also be called through the DeMint front office phone line which is 4-6121.) Also let the person on the phone that you’d like a written response on whether the Senator will co-sponsor issue. Finally say thanks for talking to you. The person who answers the phone has the lowest job on the Congressional totem pole and when the phones get hot it can be very stressful. Throwing a little sunlight their way helps.

The main line for Congress is 202-224-3121. Tell the operator which state you are from and ask to speak to one of your Senators. Once you’re done with that, hang up and do it again with the other Senator.

Thanks again for all your help with this. If it wasn’t for you guys being so engaged on this issue, it wouldn’t be moving like it is.

Tom

So, unless Congressman Waxman has an apoplectic fit, I think we all have a one year stay of execution.

http://cpsc.gov/cpscpub/prerel/prhtml09/09115.html

But that's all it is: this law still needs to be radically redefined in order to be both reasonable and enforceable. Keep at it, guys.

Possibly THE best CPSIA-related blog I have come across.  He really hits home everything that is wrong with this law.

http://learningresourcesinc.blogspot.com/

As parents and concerned citizens I’m sure most of us at one time or another have been confronted with the question of lead poisoning. But have you asked yourself what your government is doing to protect children from lead-contaminated toys?

 

The answer: they're banning toys, taking books from schools and libraries, hurting low income families, killing entrepreneurial spirit and risking putting the economy in an even greater depression than we've seen in decades. I'd like to introduce you to their solution: the CPSIA.

Do you know about the CPSIA? No? Then I ask you to take a few minutes to find out about it.

The CPSIA stands for Consumer Product Safety Improvement Act, a new set of laws that will come into effect on February 10th, 2009 and will impact many, many people in a negative way. Make no mistake, this is very real. View it for yourself. If Forbes, the American Library Association and numerous other media are paying attention, perhaps you should too.

How will these new laws affect you? Well, here are a few examples:

To the Parents of Young Students:
Due to the new law, expect to see the cost of school supplies sky rocket. While those paper clips weren't originally intended for your student to use, they will need to be tested now that your 11-year-old needs them for his school project. This law applies to any and all school supplies (textbooks, pencils, crayons, paper, etc.) being used by children under 12.

To the Avid Reader:
Due to the new law, all children's books will be pulled from library and school shelves, as there is no exemption for them. That’s okay though, there's always television!

Article from the American Library Association

To the Lover of All Things Handmade:
Due to the new law, you will now be given a cotton ball and an instruction manual so you can make it yourself since that blanket you originally had your eye on for $50 will now cost you around $1,000 after it's passed redundant and uneccessary lead testing. And it no longer will be the one-of-a-kind blanket you were hoping for. Items are destroyed in the testing process making the testing of one-of-a-kind items virtually impossible. So that gorgeous hand-knit hat you bought your child this past winter won’t be available next winter. That's ok, there's always Walmart!

To the Environmentalist:
Due to the retro-active nature of the new law, all items in non-compliance will now be dumped into our already overflowing landfills. Imagine not just products from the small business owners, but the Big Box Stores as well. You can't sell it so you must toss it. Or be potentially sued for selling it. You can't even give them away, despite the fact that this law did not exist when these items were made. If you are caught, it is still a violation.

To the Second-Hand Shopper:
Due to the new law, you will now need to spend $20 for that brand new pair of jeans for your 2-year old, rather than shop at the Goodwill for second-hand. Although they are not required to test items, thrift stores are still liable if an item they sell is not compliant with this new law. Many resale shops are eliminating children's items all together to avoid future lawsuits.

To the Entrepreneur and Small Businessperson:
Due to this new law, you will be forced to adhere to strict testing of your unique products or discontinue to make and/or sell them. Small businesses will be likely to be unable to afford the cost of testing and be forced to close up shop. Due to the current economic state, you'll have to hope for the best when it comes to finding a new job in Corporate America!

To the Antique Toy Collector:
Due to the new law, you'd better start buying now because it's all going to private collection and will no longer be available to purchase. “Because the new rules apply retroactively, toys and clothes already on the shelf will have to be thrown out if they aren't certified as safe.” http://online.wsj.com/article/SB123189645948879745.html

To the American Economy:
Already struggling under an economy that hasn’t been this weak in decades, the American economy will be hit harder with the inevitable loss of jobs plus the loss of revenues from suppliers who sell to the effected businesses. The required testing is far too costly and restrictive for small businesses or individuals to undertake and will force thousands and thousands of small stores, home-based businesses, and online shops to close.

To the Worldwide Economy:
Due to this new law, many quality European manufacturers have already pulled out of the US market. You can imagine the impact of this on their businesses.

If you think this is exaggerating, here is a recent article from Forbes
http://www.forbes.com/2009/01/16/cpsia-safety-toys-oped-cx_wo_0116olson.html

And for those of you prepared to be stupefied and boggled, The New Law
http://www.cpsc.gov/about/cpsia/cpsia.html

Did you know? If this upsets or alarms you, please contact your elected officials and the CPSC. Please pass this information along to your friends and family.

 

Find your elected officials by entering your zipcode on http://www.senate.gov/ and http://www.house.gov/

 

Contact the Consumer Product Safety Commission at: http://www.cpsc.gov/about/contact.html

Today is the CPSIA Blog-In. If you have a blog and you care about this issue, please re-post this information!

(Re-posted from LittlePeanutShop's blog)

February 10 is drawing closer, but there is still time to voice your concerns about the Consumer Product Safety Improvement Act (CPSIA) to Congress and the national media. With so little time left, it's important that we use only the most effective means of communications: the phone.

Well, maybe if not "death," then at least "long dark coma."

On February 10th, legislation called the Consumer Product Safety Improvement Act (CPSIA) will go into effect, requiring that all products made for, marketed to or even just "appealing" to children 12 and under must undergo third-party lead testing in order to be sold in the USA.

I put all in bold because, as this law is currently written, they really do mean all.

All toys of any kind (or anything that looks like toy), whether they are made in China by Mattel or right here in the USA by a single mom in her kitchen.

All children's books and educational supplies.

All children's clothing & accessories.

All children's furniture and wall decor.

Anything and everything imaginable that is produced for the use of anyone under 13 years old.

Now, I support the idea that kid's toys should be lead-free. That's a given.  I also support the idea that the corporations that violated the public's trust by importing dangerous toys from overseas should be held accountable for those actions and be subject to stricter regulation.

What is deeply wrong with this law is that, instead of focusing on the problem area (ie: toys and items with metal or painted surfaces that could have lead content), they are requiring that everyone who makes anything for children pay to have each and every item tested, no matter how small their business is or how unlikely their item is to contain lead.

Teddy bear? Yep, gotta test it.

You sell knitted baby hats made out of organic yarn? Yep, sorry, gotta test it.

You publish children's books? Yep, gotta test them all. (Even though they all use the same materials!)

You sell art prints that might go in a nursery? Yep, you gotta test 'em.

Seriously, people, as of the time I am writing this post, children's books & art prints are included, despite the fact that paper and printing ink are highly unlikely to contain lead!

The tests required for certification under this act range from $300 - $4000 per item, and must be completed each time you manufacture a batch.

That means if I get 1 print made for an Etsy order that is technically a batch.  (So really I would have to get 2, so that one could be sent away and tested because the lab test destroys the item.)

Let's say the test is on the "cheap side" at $300.

So now my digital prints which I currently sell for $15, would cost you $315 so that you can be assured by the US government that they are lead free.

Of that $315, approximately $8 would be my profit from the sale.

But all of this talk of cost is moot, because the few labs currently certified by the CPSC to do these tests won't even deal with a business as small as mine. They only deal with the Hasbro's and the Fischer-Price's of the world.

So, as you can see, this bill will put most small producers and independent artisans who make anything for children out of business, not because they have unsafe products, but simply because they cannot access or afford expensive and redundant testing to prove otherwise.

And, ironically, the only toy producers still in business? The ones who started this mess in the first place, because they are the only ones producing at a volume which can absorb such an expense.

Please write, call or fax  your representaives and urge them to postpone the implementation of this law until the effects on small businesses can be fully considered.

There is a CPSC public comment period on the issue of component (supply) testing versus unit (finished product) testing open until January 30th:

Comments can be e-mailed to Sec102ComponentPartsTesting [!at] cpsc.gov or visit www.cpsc.gov/about/cpsia/cpsia.html
Comments can be faxed to 301-504-0127
Comments can be mailed to: Office of the Secretary / Consumer Product Safety Commission / Room 502 / 4330 East-West Highway / Bethesda, Maryland / 20814
  All comments should be captioned "Section 102 Mandatory Third-Party Testing of Component Parts."
  Act soon. The public comment period ends Jan. 30.



There is a dedicated voicemail line for the Congressional Commerce Committee: 202-225-4434

You can locate your elected officials by entering your zipcode here: www.house.gov/ & here: www.senate.gov/

I also urge you to write the Consumer Product Safety Commission: www.cpsc.gov/about/contact.html

And if you are feeling extra sassy, please write or call the office of Congressman Henry Waxman, as he is the genius behind this bill and the one with the authority to call a hearing about it (which currently he is refusing to do, despite the outcry from small businesses, because he is an utter turd).