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Thursday, January 8, 2009

READ this!! well whatever part you want...LOL

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

http://blogs.tampabay.com/breakingnews/2009/01/consumer-produc.html



The Consumer Product Safety Improvement Act of 2008 (CPSIA), was created with the intent to toughen safety standards (particular with regards to lead and phthalates). It's key points are (in very abbreviated form as it is a 67 page law):* Ban phthalates in all durable child care items for children under 3.Progressively restrict lead in all children's items (includes all child equipment, toys, books, school supplies, electronics, clothing, shoes, etc) that is for use by children under 12.* As of February 10, 2009, the amount of lead may not exceed 600 ppm.* As of August, 2009, the amount may not exceed 300 ppm.* As of August, 2011, the amount may not exceed 100 ppm (unless the CPSC determines it is technologically unfeasible, in which case further guidance will be given).Beginning in November, 2008, all manufacturers were required to self-test all their skus, by batch or lot, and issue General Certification of Conformity (GCC) to accompany all imports or sales to distributors and retailers, regardless of where the product originates (domestic & foreign).* As of February 10, 2009, no items that do not pass these tests (or were not tested) may be manufacturered, sold, or distributed.* As of August, 2009, all children's products will be required to have permanent labels affixed to them showing manufacturer information and tracking information so batches and lots can be identified.* Also as of August, 2009, all children's products will be required to be tested by a third party accredited lab. No exceptions have been provided for. There are currently 18 accredited labs in the US.While I support higher safety standards and required testing of potential lead-containing items, this law is seriously flawed in ways that are devestating to all sectors of our society. The major unintended consequence of the law is that all products legally made prior to November, 2008, will be assumed "hazardous" unless they were tested and the manufacturer can produce a GCC to prove it.The CPSC's "Falvey Opinion" interprets the CPSIA to mean that the law with respect to lead is retroactive. This means unless a person or retailer can prove through testing that their child's item has less than 600 ppm lead as of February 10, 2009, it will be illegal to sell. Then in August, items legally made to contain less than 600 ppm of lead will be illegal to sell as the standard will be reduced to 300 ppm. This mass illegalization of children's products will again occur in August of 2011 when the standard changes to 100 ppm.This will affect as examples only (not all inclusive):* All hand-crafters, work at home manufacturers, and small run manufacturers who will not be able to afford testing, which is estimated to cost between $150-$4000 per component tested, with an average cost of $500. As an example, a cloth diaper may have three components: inner fleece, outer lining, and velcro. At a cost of $500 per component, that would cost $1500 for one batch of cloth diapers using the same materials. Change the color or start on a new bolt of material and testing is required again.* Daycare providers as they are required by law to provide "safe" items for the children they care for as defined by the CPSC. As the CPSC's interpretation of the law is that untested items are unsafe unless proven by testing as safe, daycare providers will either need to obtain proof of testing from the manufacturer, test their items, or buy new items. However, they'll be forced to go through this again each time the law reduces the allowable level as the GCC provided doesn't say what the level is.* Thrifts, Consignments, and Charities that sell used items will not be able to resell used items without the GCC.* You will not be legally allowed to sell your own items on eBay, Craiglist (or any other site), or even hold a yard sale without providing a GCC to the buyer to prove their children's items are in compliance. You will not even be legally allowed to donate or give away these items, even to foreign countries as it is explicitly forbidden to "export" items not proven safe.* Hotels, hospitals, and any public play area will have to ensure all their child-related items are tested or replace them as they are provided to the public.* Libraries will have to ensure their children's books have been tested or replace them.New & Used book stores will likewise have to ensure their books for children are safe or discard them.* Schools will have to examine all their child-related items and supplies from books, to science equipment, to paper clips if they are to be used by children 12 and younger. Items not proven tested, will, by CPSC's interpretation of the law, have to be tossed as well.* PTA fundraisers that involve handmade crafts for kids will be forbidden.* Holiday craft bazaars by your local church will likewise be forbidden for children's products.* Trade shows for vintage Barbies, Star Wars Figures, Hotwheels, among others will be illegal.* Families looking to save money or be environmental friendly by reusing and recycling children's items will no longer be able to. Does this sound extreme? Perhaps, but (as the fine for violations is $100,000 per offense and up to 5 years in jail) I am not willing to risk it and neither should you. As ignorance of the law is not often a good defense, it is vital that the word about this law and the CPSC interpretation of the retroactivity of it be spread far and wide to ensure it is fixed before more irrepairable harm is done.

http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia

http://www.cpsc.gov/about/cpsia/cpsia.html


From the LA times~

"Barring a reprieve, regulations set to take effect next month could force thousands of clothing retailers and thrift stores to throw away trunkloads of children's clothing.

The law, aimed at keeping lead-filled merchandise away from children, mandates that all products sold for those age 12 and younger -- including clothing -- be tested for lead and phthalates, which are chemicals used to make plastics more pliable. Those that haven't been tested will be considered hazardous, regardless of whether they actually contain lead.

"They'll all have to go to the landfill," said Adele Meyer, executive director of the National Assn. of Resale and Thrift Shops.

The new regulations take effect Feb. 10 under the Consumer Product Safety Improvement Act, which was passed by Congress last year in response to widespread recalls of products that posed a threat to children, including toys made with lead or lead-based paint.
Supporters say the measure is sorely needed. One health advocacy group said it found high levels of lead in dozens of products purchased around the country, including children's jewelry, backpacks and ponchos.

Lead can also be found in buttons or charms on clothing and on appliques that have been added to fabric, said Charles Margulis, communications director for the Center for Environmental Health in Oakland. A child in Minnesota died a few years ago after swallowing a lead charm on his sneaker, he said.

But others say the measure was written too broadly. Among the most vocal critics to emerge in recent weeks are U.S.-based makers of handcrafted toys and handmade clothes, as well as thrift and consignment shops that sell children's clothing.

"We will have to lock our doors and file for bankruptcy," said Shauna Sloan, founder of Salt Lake City-based franchise Kid to Kid, which sells used children's clothing in 75 stores across the country and had planned to open a store in Santa Clara, Calif., this year.

There is the possibility of a partial reprieve. The Consumer Product Safety Commission, which is responsible for enforcing the law, on Monday will consider exempting clothing and toys made of natural materials such as wool or wood. The commission does not have the authority to change the law but can decide how to interpret it.

But exempting natural materials does not go far enough, said Stephen Lamar, executive vice president of the American Apparel and Footwear Assn. Clothes made of cotton but with dyes or non-cotton yarn, for example, might still have to be tested, as would clothes that are cotton-polyester blends, he said.

"The law introduces an extraordinarily large number of testing requirements for products for which everyone knows there's no lead," he said.

Clothing and thrift trade groups say the law is flawed because it went through Congress too quickly. By deeming that any product not tested for lead content by Feb. 10 be considered hazardous waste, they contend, stores will have to tell customers that clothing they were allowed to sell Feb. 9 became banned overnight.

These groups say the law should be changed so that it applies to products made after Feb. 10, not sold after that date.

That would take action by Congress, however, because the Consumer Product Safety Commission's general counsel has already determined that the law applies retroactively, said commission spokesman Scott Wolfson.

The regulations also apply to new clothing. That won't be a problem for large manufacturers and retailers, industry experts say, but it will be a headache for small operators such as Molly Orr, owner of Molly O Designs in Las Vegas.

Orr has already produced her spring line of children's clothes. She says she can't afford the $50,000 it would cost to have a private lab test her clothing line, so she's trying to sell her inventory at a steep discount before Feb. 10. After that, she is preparing to close her business.

"We have a son with autism, so we are all about cleaning up the toxins that our children are exposed to," she said. "But I think the law needs to be looked at more closely to see how it is affecting the economy in general."

Thrift store owners say the law stings because children's garments often come in new or nearly new, because children typically outgrow clothing quickly.

Carol Vaporis, owner of Duck Duck Goose Consignment in New Port Richey, Fla., said her store stocks barely used brand-name clothing from places such as Limited Too and Gymboree.

"We really provide a service to the community to help people get clothes for their children they otherwise couldn't afford," she said.

Families have been bringing more clothes to consignment stores, where they get a chunk of the proceeds, to earn a little cash this winter, she said. She plans to contact her congressional representatives and senators to ask them to amend the law but says there's not enough awareness about the repercussions of the law to force anything to change.

Many retailers and thrift stores appear to be unaware that the law is changing. Of half a dozen Southern California children's thrift stores contacted by The Times, only one had heard of the law. Organizations such as Goodwill say they're still investigating how the law will affect them because there is so much confusion about what will be banned.

Cynthia Broockman, who owns two consignment stores and a thrift shop in Virginia, recently stopped accepting children's products for resale. That raised the ire of a man who was trying to sell his son's castoffs there and had not heard of the new rules.

"I think it's not understood by people how sweeping and far-reaching this is," she said. "The ripples that are going to go forth from this are just astonishing."


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I am so confused. Am I not going to be able to buy secondhand items for the kids anymore? Not even clothes? What about garage sales? Selling at Garage sales? How am I going to clothe my kids? So everything I have now is "junk"? I cannot afford to buy new everything for the kids as they grow and can you imagine how much the prices in stores are going to rise. UGH! this sucks! Email your congress ASAP! this law is supposed to go into effect 2/10/2009!!
I am all for making products safer for kids but I think this law is absurd in its scope and the ramifications.

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