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    • #269052

      from ria: as a mom, i am concerned about lead however this law is stupid (and i rarely use that word). by these regs you and anyother hser will have to buy new books that have been tested. no used books will be allowed to be sold – etsy, ebay, etc.

      goodwill, sal army technically can’t sell you books, mags etc that are for kids.

      time to contact the various politicians to change this asap. might be a great history/american gov project for kids too

      feel free to pass on this (whole or part)..

      change.org – ideas for changing america: save small business from the cpsia
      the united states congress rightly recognized that the consumer products safety commission (cpsc) lacked the authority and staffing to prevent dangerous toys from being imported into the us. so, they passed the consumer product safety improvement act (cpsia) in august 2008. Among other things, the CPSIA bans lead and phthalates in children’s products, mandates third party testing and certification, and requires manufacturers of all goods for children under the age of 12, to permanently label each item with a date and batch number.

      Anyone who produces or sells any of the following new or used items will be required to comply with the law: toys, books, clothing, art, educational supplies, materials for the learning disabled, bicycles, and more. any uncertified item intended for children under the age of 12 will be considered contraband after February 10, 2009.

    • #408842

      this is not sane! Why are we doing this in the us when the problem is trades with china??? hello!!!

      cut off china?? we would regaine jobs then because you wouldent believe what only china produces now. like vitamin c.

    • #408855

      Unfortunately second hand clothes stores (large and small) will have to ditch their stock. This means either dump or send to second class nations, either way its wasteful.

      I can’t imagine the “clothes and book police” are really going to go after yard sales.

      Those that make a small living knitting, or making clothes are going to hurt.

      Homeschoolers are definately going to feel the pinch if you can’t buy used books legally. It has been handy using the internet to find a specific book or educational item, now you won’t be able to do it.

      Ria

    • #408924

      They have lost their ever loving minds. I have seen some stupid laws but this beats them all

    • #408954

      yep the first notice I got was about clothes, which I can understand but — now its toys, books , educational supplies (gee does that mean tape, markers, rulers etc), even cds (the only ones that will be able to afford this will be the big companies so the small companies will have to stop)

      i think for the small companies and resales its not fair to expect them to come up with the $4000 for testing per item.. Obviously the major manufacturing company making a T shirt, kids blankets etc can check all its stuff (the buttons, thread, dyes, fabric, decals, trim etc) and it would cover the thousands that they produce in that line ..

      how about the people that do community service and knit hats for preemies, or make blankets for homeless kids, etc? you can’t expect them to be able to do it, and the non-profit groups distributing them can’t afford the cost to check and certify it either

      people are going to have to write and i think maybe its time to contact obama. he’s coming in and talks about change, well having the government use common sense would be a big change. (imo – i haven’t seen common sense in government since i could vote which was many many many years ago)

      ria (maine)

    • #409137

      latest news some resellers are ok .. think that includes jack and suzie, normal people selling on ebay, or resell lists?

      still haven’t heard anything about books, etc .. my son works part time at a non profit, i volunteer there. the share center supplies schools, other non profits with fabric, paper, books, tons of other stuff.

      if this is passed will it still be able to exsist?

      to be honest part of me is ticked cause this is jake’s paycheck and he pays rent.

      thanks shirley m (cmsl)
      Regulators rethink rules on testing children’s clothing and toys for lead – Los Angeles Times
      consumer safety
      regulators rethink rules on testing children’s clothing and toys for lead
      the consumer product safety commission gives a preliminary ok to exempt some items from testing after complaints of hardship to thrift stores and sellers of handmade toys.
      by alana semuels
      january 7, 2009
      The Consumer Product Safety Commission has given preliminary approval to changes in new lead-testing rules after complaints that the measures could have forced thrift stores and sellers of handmade toys to dispose
      of merchandise or even go out of business.

      If formally adopted, the changes approved on a first vote Tuesday would grant exemptions to last year’s Consumer Product Safety Improvement Act, which seeks to ensure that products for children do not contain dangerous amounts of lead.

      As currently written, the act would require all products aimed at children 12 and under to be tested for lead and phthalates starting Feb. 10. Phthalates are chemicals used to make plastics more pliable.

      Large manufacturers and retailers say the cost of testing will not be a burden. But small businesses such as handmade-toy shops and thrift stores say the requirement would force them to spend tens of thousands of dollars to test products such as clothing, in which the threat of lead is almost nonexistent. Many thrift stores said they would be forced to stop selling children’s clothing or close altogether.

      The commission’s two members (a third seat is vacant) voted tentatively to exempt:

      * Items with lead parts that a child cannot access;

      * Clothing, toys and other goods made of natural materials such as cotton and wood; and

      * Electronics that are impossible to make without lead.

      The commission also tentatively approved a rule that clarifies how it determines exclusions from the law.

      The vote opens up a 30-day public comment period that will begin when notice of the rules are printed in the Federal Register. Interested parties can find out how to submit comments by signing up to receive e-mail from the CPSC at http://www.cpsc.gov .

      No final rules will be approved until after Feb. 10, when the testing rules go into effect.

      That means retailers and manufacturers who sell untested children’s merchandise would technically be in violation of the new law starting Feb. 10. Whether federal regulators will enforce the rules — which might entail inspections at thousands of secondhand stores and toy shops across the country — is another question.

      “The cpsc is an agency with limited resources and tremendous responsibility to protect the safety of families,” said scott wolfson, a cpsc spokesman. “our focus will be on those areas we can have the biggest impact and address the most dangerous products.”

    • #409152

      so…….who dose the testing????? If the companys do it themselves then that dosent solve any problem. And of course the big companys say they can handel the cost. The economy cant though.

      They will just turn over the cost to the consummer. As is companys are closeing like wildefire. We had four dennies and at least 1 coldstones close recently.

      I know , why do we need so many anyway?? We dont but can you imagen how many people are jobless because of it?? The economy cannot handel this law!!!

    • #409162

      I can see it now::044:
      People selling clothes on the blackmarket out of their garages or basements.
      :103:
      It will get as bad as the drug dealers:
      Jane: Do you have any?
      Jill: Sure how much you looking for?
      Jane: I have a fiver what will that get me?

      Sorry, I have a warped sense of humor, šŸ™‚

    • #409173

      @wilbe95 100068 wrote:

      I can see it now::044:
      People selling clothes on the blackmarket out of their garages or basements.
      :103:
      It will get as bad as the drug dealers:
      Jane: Do you have any?
      Jill: Sure how much you looking for?
      Jane: I have a fiver what will that get me?

      Sorry, I have a warped sense of humor, šŸ™‚

      lmao who would have thought it would get to this point in america

    • #409211

      kim thats too funny. Dh pretty much said the same thing though. He said it will be like the proabition.

      Instead of moonshine it will be other items.

    • #409226

      I have spent the best part of 2 days and a bit more researching this .. My son and I work at a place that would be directly affected ..

      I have compiled a few pages of stuff by subject used books, new books, crafts, clothes, libraries & a who what page .. not that that is the only thing covered but those are the main ones i researched .. (**grr cyberspace ate my used books -)

      testing:
      feb 10 all items are supposed to be tested – I believe they can do (darn can’t find the name) some kind of xray testing .. you can apparently rent the machine for $400 a day, or $1000 a week (probably depending on where you are)

      In AUG they have to have third party testing – there are only 14 labs in the us .. how the heck are they going to be able to do that?

      accordingly,these products (books) would be subject to the lead limit for paint and surface coatings at 16 CFR part 1303 (and the 90 ppm lead paint limit effective August 14, 2009) as well as the new lead limits for children’s products containing lead (600 ppm lead limit effective February 10, 2009, and 300 ppm lead limit effective August 14, 2009).

      do all children’s product require testing?
      do all children’s products require testing for lead or is it only
      products with some type of surface coating? we sell products that are
      used in physical education classes (e.g. hula-hoops) that are made
      from polyethylene and are not painted or coated.

      will this product
      require third-party testing and certification for lead content under
      the new cpsia?
      Consumer Product Safety Improvement Act (cpsia), faqs for section 101: Childrenā€™s Products Containing Lead; lead paint rule faqs

      all children’s products (as defined by the cpsia) subject to the lead
      limit of the act will eventually require testing for lead, not just
      those with surface coatings. it is important to distinguish between
      the rules that apply to lead paint and surface coatings and the rules
      that apply to lead content. the cpsia provides limits to the amount of
      lead in paint and surface coatings and limits to the amount of lead in
      the content of the product itself.

      children’s products that are
      painted, or have surface coatings are also subject to the lead paint
      limit, in addition to the lead content limits.

      costs:
      one of the machines (xrf analyzers) that can test for lead cost
      approx. $400 per day to rent. This is the least expensive that I have
      been able to find.

      Which is why this hurts so many companies; it is
      cost prohibitive to rent the machine often enough to test each product
      for consignment.

      Mandatory Third Party Testing for Certain Children’s Products
      Frequently Asked Questions on the Consumer Product Safety Improvement Act (CPSIA)

      Ria

    • #409265

      Okay I have a question……what about Yard sales???

    • #409287

      I read somewhere I think LAtimes that second hand shopw would not be affected. I don’t know exactly what all that applies to. To me this is another example of how the government is taking action but in the wrong way.

      The problem is with the trade so fix it there. Why are we as Americans paying for something the govt can fix but wont. Makes no sense to me.

      I would personally like to know where the new president stands on this issue, if he supports it or not. Does anyone know?

    • #409288

      I am thinging again…..what about Craigslist??? and those little neighborhood books that sell stuff and newspaper….how in the world are they going to regulate this law…??

    • #409300

      i am thinking it will not affect yardsales etc. I might be wrong. I know our goodwill etc is going to have a hard time

    • #409310

      I hope they clarify that….it would be bad to get fined for it though…..

    • #409334

      This is just so crazy! šŸ™‚

    • #409344

      new lead laws & used clothes:
      pulled from files

      used clothes

      from ria:
      well it has taken me all day today and most of yesterday to sort this
      mess out. it looks like used clothes sellers are ok, so you shouldn’t
      have the clothes police at your yard sale this summer. you are
      supposed to have reasonable reason to believe it is lead free.
      assuming of course that it stays the way the press release came out.

      cpsc ‘press release’ – cpsia clarification:
      requirements of new children’s product safety laws taking effect in february
      guidance intended for resellers of children’s products, thrift and
      consignment stores
      cpsc clarifies requirements of new childrenā€™s product safety laws taking effect in february

      national assoc resale & thrift shops
      narts – cpsia resources
      partial copy: is it true that the cpsc press release issued on january
      8 solved this problem for resale & thrift shops?

      no… no… no…

      the law remains unaltered! please read it very
      carefully! this is not a ruling, exemption or exception to the
      cpsia…

      it is a press release. it is not definitive! it is a step in
      the right direction toward open communication.

      what does this mean for shops that carry children’s products?

      if this law goes into effect unaltered it will be illegal to sell
      anything that does not meet the new safety standards. anyone who does
      not comply will face penalties outlined under the new law.


      ria
      list owner of :

    • #409346

      new lead laws and the who, what
      pulled from files:

      from ria: i would have titled this who what & why but i know why. the
      idea of making things safe for kids by being lead free is great.
      unfortunately. like many things the government starts doing – it got
      out of hand imo.

      i don’t think they thought it through.

      apparently until nov of ’08 book publishers didn’t even know they
      would be affected. They didn’t even get to participate in the making
      of this because they weren’t invovled.

      supposedly — untill the end of jan the cpsc is taking comments (see below for contacts)

      what is this?
      h.r. 4040 establishes consumer product safety standards and other safety
      requirements for children’s products (especially lead-based products).

      cpsc press release – clarification
      cpsc clarifies requirements of new childrenā€™s product safety laws taking effect in february

      faqs for section 101: Children’s Products Containing Lead; Lead Paint Rule
      Consumer Product Safety Improvement Act (cpsia), faqs for section 101: Childrenā€™s Products Containing Lead; lead paint rule faqs

      who did what?
      gov track on hr 4040
      H.R. 4040 [110th]: Consumer Product Safety Improvement Act of 2008 (GovTrack.us)

      who to contact?
      congress:
      congress roll call – contact congress
      Congress.org – Save Kids Resale
      enter your zipcode and let them know how you feel.

      senators:
      u.s. senate: senators home

      representatives:
      https://writerep.house.gov/writerep/welcome.shtml

      change . org
      change.org – ideas for changing america: save small business from the cpsia
      the top 3 in each category will be presented to President-elect Obama.

      petition
      cpsia impacts on children’s apparel industry petition : [ powered by ipetitions.com ]
      not sure this does any good, or as much as writing but it can’t hurt

      consumer product safety commision:
      comments on component parts testing accepted through january 30, 2009
      EMAIL:
      Sec102ComponentPartsTesting@cpsc.gov

      contact cpsc direct:
      send a message to cpsc’s information center

      call cpsia ombudsman
      1- 888-531-9070.

      cpsc email
      ask a question regarding the new cpsc reauthorization legislation

      cpsc
      information on the consumer product safety improvement act (cpsia)

      cpsc is made up of nancy nord and thomas hill moore .. the two-member
      consumer product safety commission, which interprets and enforces the
      law, gave preliminary approval to four exemptions to the law. they
      involve products made from natural materials, electronics and products
      that have lead that is inaccessible to children.

      but no final changes
      will be made before feb. 10

      nancy nord:
      washington office
      2416 Rayburn hob
      washington, dc 20515
      phone: 202-225-4372
      fax: 202-226-0333
      The urgency here is to make changes in the law before it becomes
      enacted and enforced on Feb. 10. The only people who have the ability
      to make changes are the people who passed it- Congress.We need to keep
      making those calls, sending letters & faxes and writing emails to our
      representatives so they are forced to pay attention to what they
      signed into law.
      Nany Nord- the number you have been calling- is the acting Head of the
      cpsc.

      this is the agency part of the government that is in charge of
      implementing and policing the law. she too needs to be flooded with
      phonecalls as she has direct contact with the subcommittee. by the
      way- she was also present when the bill was signed and i think is just
      as responsible for the lack of oversight.

      who wrote it?
      the bill was written by arkansas senator mark pryor. even
      representatives in his office are saying that the bill was originally
      not intended to affect consignment sales and other resale businesses.

      who sponsored it?
      this new law was sponsored by rep. bobby rush [d-il]. his co-sponsors
      included 104 Democrats and 2 Republicans.

      — what? —
      from ria: according to this statement from cpsc ball point pens are
      not included but then they also state if it’s designed or intended for
      12 or less it is .. Well what about Hello Kitty pens, or Hannah
      Montana pens?

      Lets face it most of those come in from China, so are
      they going to be included or not?

      age specific: consumer product safety improvement act (cpsia): definition of childrenā€™s product
      a “children’s product” means a consumer product designed or intended
      primarily for children 12 years of age or younger. In determining
      whether a consumer product is primarily intended for a child 12 years
      of age or younger, the following factors will be considered:

      A statement by the manufacturer about the intended use of the product,
      including a label on the product if such statement is reasonable.
      Whether the product is represented in its packaging, display,
      promotion or advertising as appropriate for use by children 12 years
      of age or younger.
      Whether the product is commonly recognized by consumers as being
      intended for use by a child 12 years of age or younger.
      The Age Determination Guidelines issued by the Commission staff in
      September 2002, and any successor to such guidelines.

      pens: Consumer Product Safety Improvement Act (cpsia), faqs for section 101: Childrenā€™s Products Containing Lead; lead paint rule FAQs
      The tip on ball point pens are made from leaded brass and there is no
      source for materials as the lead in the brass is required to machine.
      Is it ok for children to use ball point pens?
      The lead ban is applicable to children’s products containing lead. The
      term “children’s product” means a consumer product designed or
      intended primarily for children 12 years of age or younger.
      Accordingly, to the extent that these pens are general purpose items
      not being marketed to, or advertised as being intended for use by
      children 12 years or younger, these pens would not be subject to the
      lead limits under cpsia.
      ====
      safety commission’s web page on the consumer product safety
      improvement act (cpsia) of 2008
      Information on the Consumer Product Safety Improvement Act (CPSIA)

      Children’s Products Containing Lead: Proposed Determinations Regarding
      Lead Content Limits on Certain Materials or Products; Notice of
      Proposed Rulemaking, Unpublished Federal Register Notice, January 9,
      2009 (http://www.cpsc.gov/about/cpsia/leadlimitsfr.pdf)

      Children’s Products Containing Lead: Notice of Proposed Procedures and
      Requirements for a Commission Determination or Exclusion, Unpublished
      Federal Register Notice, January 9, 2009
      (http://www.cpsc.gov/about/cpsia/leadproceduresfr.pdf)

      Children’s Products Containing Lead: Proposed Interpretative Rule
      Providing Guidance on Inaccessible Component Parts, Unpublished
      Federal Register Notice, January 9, 2009
      (http://www.cpsc.gov/about/cpsia/leadinaccessibilityfr.pdf)

      Children’s Products Containing Lead: Exemption for Certain Electronic
      Devices; Notice of Proposed Rulemaking, Unpublished Federal Register
      Notice, January 9, 2009
      (http://www.cpsc.gov/about/cpsia/leadelectronicfr.pdf)

      The following new entry is in Laboratory Accreditation, Register as a
      Third Party Laboratory:

      Consumer Product Conformity Assessment Body Acceptance – Laboratories
      can now apply for cpsc acceptance for: cpsc test method
      cpsc-ch-e1001-08 for Determining Total Lead in Children’s Metal
      Products (Children’s Metal Jewelry)
      (Consumer Product Conformity Assessment Body Acceptance)

      testing:
      do all children’s product require testing?
      do all children’s products require testing for lead or is it only
      products with some type of surface coating? we sell products that are
      used in physical education classes (e.g. hula-hoops) that are made
      from polyethylene and are not painted or coated.

      will this product
      require third-party testing and certification for lead content under
      the new cpsia?
      Consumer Product Safety Improvement Act (cpsia), faqs for section 101: Childrenā€™s Products Containing Lead; lead paint rule faqs

      all children’s products (as defined by the cpsia) subject to the lead
      limit of the act will eventually require testing for lead, not just
      those with surface coatings. it is important to distinguish between
      the rules that apply to lead paint and surface coatings and the rules
      that apply to lead content. the cpsia provides limits to the amount of
      lead in paint and surface coatings and limits to the amount of lead in
      the content of the product itself.

      children’s products that are
      painted, or have surface coatings are also subject to the lead paint
      limit, in addition to the lead content limits.

      costs:
      one of the machines (xrf analyzers) that can test for lead cost
      approx. $400 per day to rent. This is the least expensive that I have
      been able to find.

      Which is why this hurts so many companies; it is
      cost prohibitive to rent the machine often enough to test each product
      for consignment.

      Mandatory Third Party Testing for Certain Children’s Products
      Frequently Asked Questions on the Consumer Product Safety Improvement Act (CPSIA)

      Ria
      list owner of :

    • #409350

      I am so grateful my children are almost past the point of homeschooling. I know as Christians we will be coming under more and more attacks from more sides than we ever thought possible. I know from personally talking to Obama in Iowa last year he is very against all forms of Home education.

      I wouldn’t count on any help from him on this issue. I started getting rid of my home school stuff last year and then my DH suggested maybe we should pack it all away and save at least the best of it for future use among friends and family. Who knows what the future holds but I remember a scripture saying something about “If ye are prepared, ye need not fear” Our world is changing so very fast the last few years and I don’t care for where it’s headed.

      I will do my best to see that me and mine are mentally, physically and Spiritually prepared as well as we can be to face what ever we must face and we will have the faith that our Father in Heaven will help us when we need it. I think I will give up e-baying and craigslisting and wait for the dust to settle to protect my family until we know what is really going on here.

    • #409384
      Quote:
      i know from personally talking to obama in iowa last year he is very against all forms of home education.

      and his reasons would be?

    • #409386

      clarification on this law according to the cpsc

      for immediate release
      january 8, 2009

      CPSC Clarifies Requirements of New Childrenā€™s Product Safety Laws Taking Effect in February
      Guidance Intended for Resellers of Childrenā€™s Products, Thrift and Consignment Stores
      WASHINGTON, D.C. – In February 2009, new requirements of the Consumer Product Safety Improvement Act (CPSIA) take effect. Manufacturers, importers and retailers are expected to comply with the new Congressionally-mandated laws.

      Beginning February 10, 2009, childrenā€™s products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain childrenā€™s products manufactured on or after February 10, 2009 cannot be sold if they contain more than 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.

      Under the new law, childrenā€™s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.

      The new law requires that domestic manufacturers and importers certify that childrenā€™s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used childrenā€™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 childrenā€™s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell childrenā€™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.

      When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the cpsc web site (http://www.cpsc.gov) for information on recalled products before taking into inventory or selling a product. the selling of recalled products also could carry civil and/or criminal penalties.

      while cpsc expects every company to comply fully with the new laws resellers should pay special attention to certain product categories. among these are recalled childrenā€™s products, particularly cribs and play yards; childrenā€™s products that may contain lead, such as childrenā€™s jewelry and painted wooden or metal toys; flimsily made toys that are easily breakable into small parts; toys that lack the required age warnings; and dolls and stuffed toys that have buttons, eyes, noses or other small parts that are not securely fastened and could present a choking hazard for young children.

      The agency has underway a number of rulemaking proposals intended to provide guidance on the new lead limit requirements. Please visit the CPSC website at http://www.cpsc.gov for more information.

      ok so they say the thrift stores etc are exempt but cannot sell anything they have a reasonable reason to think they contain lead. Question number one, where is the lead coming from? Question two, how many things in these shops are from that country?

      Question three, how are they going to know for sure if they don’t test? God forbid they are wrong about a product and sell it. How are we going to know for sure selling stuff at a yardsale etc without testing it?

      They can say this helps all they want, I don’t see where it helps a thing for the thrift shops and it definitely don’t help anyone making things homemade.

    • #409393

      This is really going way too far….CONTROL!!!

    • #409397

      Unfortunately the clarification is a press release they haven’t changed the rules – its an interpretation (which of course could change again)

      used clothes can be sold “if” you think its safe .. if it isn’t and it does get tested you are liable.

      lead was used years ago in exterior and interior paints, i think it helped with colour fastness. its illegal now. however there was mention specifically that some plastic type products have the lead – raincoats for example (which ones?

      who knows) .. some backpacks, and lunchbags (so i am thinking the nylony type fabric)

      i have some stuff for crafters – we are screwed to put it bluntly.

      ria

    • #409400

      Now this aint right!!! So when we donate cloths, toys and such to the local goodwill, salvation army and such….does this effect if we can claim it on taxes like we used to?

      and so long crafts shows huh?

    • #409422

      used stuff – the seller has to have a reasonable reason to believe that it’s lead free ..
      also that the item is not on a recall list, if so they get in trouble for selling it

      possibly after aug they might have to start checking everything thats sorta not been said for sure

      taxes shouldn’t affect it

    • #409423

      crafters : this only affects those that make things for kids .. so the moms who make handmade clothes, toys, slings, diapers, diaper covers, grocery cart covers etc etc all are affected .. sending info next post

      books : the moms who sell books (new) think its usborn? anyway they will be under the new lead free rules too. even though books don’t have lead, eventually it will have to be tested – gee guess how much thats going to add to the cost

      best bet: go back a few posts i put in a who what info .. pull it up and make the emails, 1-800 phone calls, and get this law more manageable. Personally I think making crafters check their stuff stinks (I used to be a crafter).

      I think having books go through this when publishers didn’t even get the info they were included until NOV 08 is rediculous

    • #409424

      crafts:
      from ria: i know a few on etsy who are in stores have already been
      told they have lost the account.

      as for the home crafter, it looks like that may be completely lost. i
      don’t know how someone who makes slings, or diaper covers, or baby
      quilts can afford the testing needed. many moms work in the home for
      extra cash, which may not be possible any longer. how are we to know
      if the dyes used in the fabric are lead free, most of us have a stash
      of supplies of yarn, felt, material – i don’t have anywhere from $50
      to $4000 to check if everything is lead free for something I am
      selling on etsy, ebay or craft fair

      This ‘might’ is one of the “exemptions”

      There may be certain commodities or classes of products or materials
      that inherently do not contain lead or contain lead at levels that
      would not exceed the lead content limits under section 101(a) of the
      cpsia. to the extent that such materials or products exist, the
      commission, either of its own initiative or upon the request of an
      interested person, is proposing to exercise its cpsia section 3
      authority to make determinations that certain commodities or classes
      of material or products do not exceed the lead limits of section
      101(a). This rule proposes a procedure by which the Commission will
      address requests for determinations that these types of materials or
      products do not and would not exceed the lead limits.

      The effect of
      such a Commission finding would be to relieve that material or product
      from the testing requirement of section 102 for purposes of supporting
      the required certification.

      I would think that an interpretation of this would be that home sewers
      and craftspersons may be exempt. I would think that baby sweaters made
      of yarn would not “inherently” contain lead. Once again, it’s a broad
      interpretation but perhaps that is what is intended.

      CPSC: “Just
      tighten the noose enough to make people aware that we’re policing lead
      levels, but don’t necessarily hang them.”

      According to one person who owns 4 factories that manufacture
      gymnasticwear they were told they had to test each component (which
      range from 12-18 pcs per item) and every size. So you would have to
      check the xs, sm, med, large of the same thing all 12-18 pcs. There
      has got to be a better way.

      btw he shut one down so far, he’s hoping
      this resolves itself.

      cpsc ‘press release’ – cpsia clarification:
      requirements of new children’s product safety laws taking effect in february
      guidance intended for resellers of children’s products, thrift and
      consignment stores
      cpsc clarifies requirements of new childrenā€™s product safety laws taking effect in february

      from the book blues
      just wanted to make a comment on the government’s
      updates/clarifications on h.r. 4040 based on some of the comments and
      emails I’ve been getting.

      The governmental clarifications (“exemptions” in theory) only cover
      used items for children 12 and under. This still means that new books
      for children 12 and under will need safety certification. By whom is
      still unclear to me – By the publisher?

      By the bookstores? What about
      independently published children’s authors? I’m still trying to find
      answers to these questions.

      Additionally, the clarifications still do not cover independent
      businesses providing new items for children 12 and under (like the
      mom’s who have online businesses and make all-natural products for
      children).

      sun journal article: – crafters
      SunJournal.com – New law on lead causes worry
      A new law requiring that children’s clothing, toys and books are free
      of lead and other toxins will not affect thrift stores, but it will
      apply to new products, including handcrafted items, the Consumer
      Product Safety Commission said Thursday.

      The commission clarified the law, assuring re-sellers that they would
      not have to test their current or future supply of children’s clothes
      and other items for lead when the law takes effect Feb. 10.

      However, Maine knitters and crafters will have to certify that their
      products meet strict new limits on lead and phthalates, which are
      chemicals used in plastics.

      For Heidi MacIsaac’s business, that’s a death knell.

      She will close Blessed Baby Boutique in Farmington at the end of
      January. With walls of decorated onesies, baby slings and homemade
      diapers and toys, most of the items in MacIsaac’s store are products
      for mothers and babies. Most are handmade, crafted by more than 20
      mothers, artisans and crafters around the state.

      Under the new law, the Consumer Product Safety Improvement Act,
      MacIsaac cannot sell her inventory without first testing it or
      replacing it with vendor-certified products already tested for lead
      and phthalates. It’s an expense that neither she nor the other
      “mom-ufacturers” can afford, she said Thursday.

      In response to the toy scares and recalls of last year, the Consumer
      Product Safety Improvement Act was signed into law last August by
      President George W. Bush.

      Anything manufactured for use by children under 12 must be third-party
      tested for lead and/or phthalates.

      However, in response to complaints from merchants, the commission
      voted Tuesday to exempt items that children cannot reach, items made
      of natural materials such as cotton and wood, and electronics – such
      as iPod ear pieces – that are impossible to make without lead.

      Ipod ear pieces, portable DVDs and other electronic devices can test
      higher for lead because of welding techniques, said Curtis Picard,
      executive director of the Maine Merchants Association.

      He said the new restrictions have caught merchants unaware. He has
      traveled around the state trying to help toy stores and consignment
      shops prepare for it.

      The state’s congressional delegation has also been working with the
      Consumer Product Safety Commission to bring a more commonsense
      approach to the bill, he said.

      “The law is well-intended but has many serious, unintentional
      consequences,” Picard said. His phone had been ringing constantly this
      week as store owners across the state learned of the law.`

      Merchants are mostly concerned about the restrictions on lead levels,
      he said. Unless an item is tested and shown to contain no more than
      600 parts per million, it cannot be sold.

      Thrift stores such as Goodwill and the Salvation Army were worried as
      well. They feared they’d have to test their current inventory and any
      future donations, and they couldn’t afford that.

      “We’re all trying to scurry about, finding answers,” said Maj. Dennis
      Gensler, who helps oversee the Salvation Army’s 300 stores in New
      England.

      Some of those answers came late Thursday in a clarification from the
      product safety commission. It said re-sellers would not have to
      certify children’s products to meet the new lead limit. They could
      sell items without testing them.

      The only caveat: Re-sellers don’t have to test their merchandise, but
      they still aren’t allowed to sell items with high amounts of lead. So
      the commission urged them to avoid items likely to have a lot of lead.

      After learning about the law Thursday, Joanne Grignon, retail manager
      for the Skills Thrift Stores, including the Farmington Thrift Store,
      was unsure how the law would affect those stores.

      “It’s going to take a lot more investigating … there’s so much
      confusion. It could have quite an impact on us,” she said.

      “The toy
      part would be pretty clear but the resale of clothing is where the
      water’s muddy.”

      Although changes are being made to the law almost daily, MacIsaac
      said, it’s too late for her store with its handmade clothes and toys.

      “It’s hopeful that changes can allow others to continue, but I can’t
      afford to wait for the amendments,” she said. She’s calling her
      vendors and giving them the opportunity to pick up their items or let
      her try to sell them before the end of the month. She will continue to
      make some items from home, she said.

      Other vendors have told MacIsaac that they are quitting their home
      businesses at a time when jobs are scarce.

      “Moms who want to stay home and take care of their children are being
      put under,” MacIsaac said, naming women from Industry, Strong and
      Mexico who provide her with products.

      “The law is vague and confusing but as written could apply to those
      who sell items at craft fairs or the grandmother sitting at home
      knitting hats and mittens to give away,” she said.


      Ria
      list owner of : hs_linkletter, nature_studies, craft_projects

    • #409487

      This is absolutely CRAZY!!!!!

    • #409493

      @JoAnn 100383 wrote:

      And his reasons would be?

      I have no clue other than he is very liberal in his thoughts and actions. I left Des Moines shaking in my boots after talking to him! He even remarked to me that if he had his way, he’d take my farm& all the rest and put it into the governments use and let it feed the poor!

      Like I said I left there shaking in my boots and wanted to throw up when he got elected. I’m really scared on where this country is headed. I guess I could hope it’ll be so bad that 4 years from now he’ll be gone and we’ll have elected someone who might be able to help our country.

      We really didn’t have much of a choice this last time around. I pray it won’t be as bad as I think. The president really doesn’t do much, it’s Congress that makes the laws ans spends the money.

      May we all have wisdom when those elections roll around!

    • #409499

      I am scared for my childrens future too!!

    • #409501

      people always point fingers at England how the Queen is a figure head – well the us is not a whole lot different.. congress and senate decide whats going to happen ..

      this stupid rule came from them not bush (of course he did sign it).. šŸ™

      just got an email from a hs book/cd company, they feel they either have to liquidate their stock or dump it in garbage so they are posting a huge sale .. now they “may: be panicing (doesn’t look right) ’cause the consumer protection is supposed to be listening to people till jan 30. Of course it could be like most times, apathy ensues and no one calls, writes or generally gripe to those that can do something ..

      Here’s the post I sent out to my HS list:
      Liquidation Sale

      I don’t usually post this kind of stuff, but reality is these people
      (hs book sellers) that have supported hsing. now they are geting hurt
      badly by this poorly written law

      so if you have some extra cash, go ahead and support the various book sellers.

      and in a spare moment use the previous posts on the new lead laws –
      who what and contact your various government representatives

      thanks


      ria
      list owner of :
      hs_linkletter, nature_studies, craft_projects

    • #409503

      Are we sure this is real? It just seems so crazy to me!

    • #409508

      Unfortunately yep its real .. see below for a repeat of the Consumer Protection sites, who to contact about it etc .. This is pulled from my hs list ..

      if you think this is nuts read their statements about ball point pens (below hopefully in red) they know they have lead but its ok – but books that don’t have lead have to be tested (thats on another page) .. then re- read the age appropriate piece (hopefully in blue).. then my snotty reply in teal lol

      if my kids came up with a cockamayme idea like this i’d laugh myself silly – but this is the government and its going to affect a lot of different people ..

      from hs linkletter:
      from ria: i would have titled this who what & why but i know why. the
      idea of making things safe for kids by being lead free is great.
      unfortunately. like many things the government starts doing – it got
      out of hand imo.

      i don’t think they thought it through.

      apparently until nov of ’08 book publishers didn’t even know they
      would be affected. They didn’t even get to participate in the making
      of this because they weren’t invovled.

      what is this?
      h.r. 4040 establishes consumer product safety standards and other safety
      requirements for children’s products (especially lead-based products).

      cpsc press release – clarification
      cpsc clarifies requirements of new childrenā€™s product safety laws taking effect in february

      faqs for section 101: Children’s Products Containing Lead; Lead Paint Rule
      Consumer Product Safety Improvement Act (cpsia), faqs for section 101: Childrenā€™s Products Containing Lead; lead paint rule faqs

      who did what?
      gov track on hr 4040
      http://www.govtrack.us/congress/bill.xpd?bill=h110-4040

      who to contact?
      congress:
      congress roll call – contact congress
      Congress.org – Save Kids Resale
      enter your zipcode and let them know how you feel.

      senators:
      u.s. senate: senators home

      representatives:
      https://writerep.house.gov/writerep/welcome.shtml

      change . org
      change.org – ideas for changing america: save small business from the cpsia
      the top 3 in each category will be presented to President-elect Obama.

      petition
      cpsia impacts on children’s apparel industry petition : [ powered by ipetitions.com ]
      not sure this does any good, or as much as writing but it can’t hurt

      consumer product safety commision:
      comments on component parts testing accepted through january 30, 2009
      EMAIL:
      Sec102ComponentPartsTesting@cpsc.gov

      contact cpsc direct:
      send a message to cpsc’s information center

      call cpsia ombudsman
      1- 888-531-9070.

      cpsc email
      ask a question regarding the new cpsc reauthorization legislation

      cpsc
      information on the consumer product safety improvement act (cpsia)

      cpsc is made up of nancy nord and thomas hill moore .. the two-member
      consumer product safety commission, which interprets and enforces the
      law, gave preliminary approval to four exemptions to the law. they
      involve products made from natural materials, electronics and products
      that have lead that is inaccessible to children.

      but no final changes
      will be made before feb. 10

      nancy nord:
      washington office
      2416 Rayburn hob
      washington, dc 20515
      phone: 202-225-4372
      fax: 202-226-0333
      The urgency here is to make changes in the law before it becomes
      enacted and enforced on Feb. 10. The only people who have the ability
      to make changes are the people who passed it- Congress.We need to keep
      making those calls, sending letters & faxes and writing emails to our
      representatives so they are forced to pay attention to what they
      signed into law.
      Nany Nord- the number you have been calling- is the acting Head of the
      cpsc.

      this is the agency part of the government that is in charge of
      implementing and policing the law. she too needs to be flooded with
      phonecalls as she has direct contact with the subcommittee. by the
      way- she was also present when the bill was signed and i think is just
      as responsible for the lack of oversight.

      who wrote it?
      the bill was written by arkansas senator mark pryor. even
      representatives in his office are saying that the bill was originally
      not intended to affect consignment sales and other resale businesses.

      who sponsored it?
      this new law was sponsored by rep. bobby rush [d-il]. his co-sponsors
      included 104 Democrats and 2 Republicans.

      — what? —
      from ria: according to this statement from cpsc ball point pens are
      not included but then they also state if it’s designed or intended for
      12 or less it is .. Well what about Hello Kitty pens, or Hannah
      Montana pens?

      Lets face it most of those come in from China, so are
      they going to be included or not?

      age specific: consumer product safety improvement act (cpsia): definition of childrenā€™s product
      a “children’s product” means a consumer product designed or intended
      primarily for children 12 years of age or younger. In determining
      whether a consumer product is primarily intended for a child 12 years
      of age or younger, the following factors will be considered:

      A statement by the manufacturer about the intended use of the product,
      including a label on the product if such statement is reasonable.
      Whether the product is represented in its packaging, display,
      promotion or advertising as appropriate for use by children 12 years
      of age or younger.
      Whether the product is commonly recognized by consumers as being
      intended for use by a child 12 years of age or younger.
      The Age Determination Guidelines issued by the Commission staff in
      September 2002, and any successor to such guidelines.

      pens: Consumer Product Safety Improvement Act (cpsia), faqs for section 101: Childrenā€™s Products Containing Lead; lead paint rule FAQs
      The tip on ball point pens are made from leaded brass and there is no
      source for materials as the lead in the brass is required to machine.
      Is it ok for children to use ball point pens?
      The lead ban is applicable to children’s products containing lead. The
      term “children’s product” means a consumer product designed or
      intended primarily for children 12 years of age or younger.
      Accordingly, to the extent that these pens are general purpose items
      not being marketed to, or advertised as being intended for use by
      children 12 years or younger, these pens would not be subject to the
      lead limits under cpsia.
      ====

      from ria: so i guess the hannah montanta pens etc, and the hello kitty pens are only advertised & marketed for adults, and of course kids would never stick a pen in their mouth argghhh

      safety commission’s web page on the consumer product safety
      improvement act (cpsia) of 2008
      Information on the Consumer Product Safety Improvement Act (CPSIA)

      Children’s Products Containing Lead: Proposed Determinations Regarding
      Lead Content Limits on Certain Materials or Products; Notice of
      Proposed Rulemaking, Unpublished Federal Register Notice, January 9,
      2009 (http://www.cpsc.gov/about/cpsia/leadlimitsfr.pdf)

      Children’s Products Containing Lead: Notice of Proposed Procedures and
      Requirements for a Commission Determination or Exclusion, Unpublished
      Federal Register Notice, January 9, 2009
      (http://www.cpsc.gov/about/cpsia/leadproceduresfr.pdf)

      Children’s Products Containing Lead: Proposed Interpretative Rule
      Providing Guidance on Inaccessible Component Parts, Unpublished
      Federal Register Notice, January 9, 2009
      (http://www.cpsc.gov/about/cpsia/leadinaccessibilityfr.pdf)

      Children’s Products Containing Lead: Exemption for Certain Electronic
      Devices; Notice of Proposed Rulemaking, Unpublished Federal Register
      Notice, January 9, 2009
      (http://www.cpsc.gov/about/cpsia/leadelectronicfr.pdf)

      The following new entry is in Laboratory Accreditation, Register as a
      Third Party Laboratory:

      Consumer Product Conformity Assessment Body Acceptance – Laboratories
      can now apply for cpsc acceptance for: cpsc test method
      cpsc-ch-e1001-08 for Determining Total Lead in Children’s Metal
      Products (Children’s Metal Jewelry)
      (Consumer Product Conformity Assessment Body Acceptance)

      testing:
      do all children’s product require testing?
      do all children’s products require testing for lead or is it only
      products with some type of surface coating? we sell products that are
      used in physical education classes (e.g. hula-hoops) that are made
      from polyethylene and are not painted or coated.

      will this product
      require third-party testing and certification for lead content under
      the new cpsia?
      Consumer Product Safety Improvement Act (cpsia), faqs for section 101: Childrenā€™s Products Containing Lead; lead paint rule faqs

      all children’s products (as defined by the cpsia) subject to the lead
      limit of the act will eventually require testing for lead, not just
      those with surface coatings. it is important to distinguish between
      the rules that apply to lead paint and surface coatings and the rules
      that apply to lead content. the cpsia provides limits to the amount of
      lead in paint and surface coatings and limits to the amount of lead in
      the content of the product itself.

      children’s products that are
      painted, or have surface coatings are also subject to the lead paint
      limit, in addition to the lead content limits.

      costs:
      one of the machines (xrf analyzers) that can test for lead cost
      approx. $400 per day to rent. This is the least expensive that I have
      been able to find.

      Which is why this hurts so many companies; it is
      cost prohibitive to rent the machine often enough to test each product
      for consignment.

      Mandatory Third Party Testing for Certain Children’s Products
      Frequently Asked Questions on the Consumer Product Safety Improvement Act (CPSIA)

    • #409519

      No fingers pointing here – the president is the fall guy in my opinion. Just still worries me though.

    • #409575

      I don’t think you can truly pass this type of legislature. I think if this is what we are worried about passing for laws, then we have a huge problem for the next four years, as there are some real issues to deal with.

    • #409587

      @ShellVera777 100683 wrote:

      I don’t think you can truly pass this type of legislature. I think if this is what we are worried about passing for laws, then we have a huge problem for the next four years, as there are some real issues to deal with.

      already passed and signed will begin feb 10th. Although our new president didn’t sign this; from what I am reading (which may be false) he had his hand in it or at least started the process that led up to this. I personally even without this am afraid of the kind of change we MAY be in for in America.

    • #409610

      Actually the guy that introduced it and wrote it was from Ark .. I forget his name (its in the who, what page) along with the other people who pushed it .. there is also a link for who voted for it.

      its law, it takes affect feb 10 HOWEVER they are listening to comments etc till Jan 30, 2009 .. Again the contact info is also on the who what page already posted.

      i know we need laws to protect kids, but this one wasn’t thought through.

      unfortunately this won’t stop the imports, in fact it will probably make it harder for you to buy american. the companies in china, or overseas in general will just get certified, its the small american mom and pop stores and businesses that will be in trouble. the big box stores can afford it (they are the ones that mainly support the factories overseas).

      the small stores can’t afford it, local or even online.

      i have no problem buying from outside, but i’d like to have the opportunity to also buy american and from small businesses.

      in aug they have to have third party certification from the labs, supposedly there are only 14 in the us. how the heck can they check everything? who do you think will have priority wm or suzy’s home sewing?

      ria

    • #409611
      hslinks;100724 wrote:
      Actually the guy that introduced it and wrote it was from Ark .. I forget his name (its in the who, what page) along with the other people who pushed it .. there is also a link for who voted for it.

      its law, it takes affect feb 10 HOWEVER they are listening to comments etc till Jan 30, 2009 .. Again the contact info is also on the who what page already posted.

      i know we need laws to protect kids, but this one wasn’t thought through.

      unfortunately this won’t stop the imports, in fact it will probably make it harder for you to buy american. the companies in china, or overseas in general will just get certified, its the small american mom and pop stores and businesses that will be in trouble. the big box stores can afford it (they are the ones that mainly support the factories overseas).

      the small stores can’t afford it, local or even online.

      i have no problem buying from outside, but i’d like to have the opportunity to also buy american and from small businesses.

      in aug they have to have third party certification from the labs, supposedly there are only 14 in the us. how the heck can they check everything? who do you think will have priority wm or suzy’s home sewing?

      ria

      thanks ria, i said i may be wrong and apparently i am. i will admit when i am wrong lol:mrgreen:

    • #409643

      I think there is tons of mis information and some i believe is deliberate .. if you can get everyone to think there is no problem then they don’t have to change it .. then feb 10 it will hit the fan big time.

      How the heck are they going to enforce this law? Well for one they are going to have to enlarge the dept big time.

      We have 50 states that will have to have inspectors etc so thats increased cost at state level and federal. That’s my money in more taxes.

      little stores and home based businesses that fail, means less tax money. it also means more empty stores. possibly factories – this means less revenue from building taxes.

      even though the work force would be small in numbers (consider the unemployement issue) those people are out of a job. which means more that will need help .. retraining perhaps?

      food banks and other services would be needed. more costs from taxes.

      although goodwill etc send stuff to second world nations, where is suzy’s sewing for kids going to have to put her stuff? chances are the dump.. who pays for the tipping fees (cost of dump) = well the homeowners do eventually by paying taxes.

      ria

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