Whew! One CPSIA hurdle covered!

As a mom of 8 children, I have to say I am greatly greatly greatly relieved that the CPSC has allowed resellers, resale and consignment a little bit of wiggle room on selling. While the law states that they can sell used children’s items without certifying that they are lead free, they are still not allowed to sell items that have lead in them – i.e. they still must follow the law in not selling children’s items with lead. Seems a tad oxymoron-ish to me, but wiggle room is wiggle room, so I guess we can live with it! My pocket book thanks you, CPSC! Now I won’t have to forego paying my light bill to clothe my children! Or better yet, we can have groceries in the cupboards!

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January 9, 2009. 1.

2 Comments

  1. Auntie Kate replied:

    Wrong! The impression so many people have gathered from that CPSC press release (and it’s a PRESS RELEASE, not a ruling or a law!) is incorrect. The press release (remember, it’s just THAT) http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html says:

    The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

    Re-read that last sentence. “could face civil and/or criminal penalties.”

    I know you don’t wish your local friendly resale or consignment shop owner to risk a jail sentence or a bankrupting fine in order to sell you a used overall. Nor for the well-meaning crunchy mom, who just wants to recycle outgrown gear, to be thrown in jail for colluding to sell untested items like her son’s hockey stick or her daughter’s outgrown tutu.

    Wiggle room is for kids in bought-a-bit-big clothing. Not for citizens, making their own jobs, doing their entrepreneurial thing, to be “allowed” to have by our government.

    FIGHT THIS ILL-WRITTEN albeit well-meaning LAW now. The job/ shopping choice/ planet you save may be your own! It’s awfully close to National Bankruptcy Day. Here’s some things you can do right this minute: http://auntiekate.wordpress.com/2009/01/28/just-about-everyone-is-affected-by-cpsia/

    The ONLY person in the WORLD who can delay this law so it can be rewritten with sense is one man. One man. He is REFUSING to call a meeting to discuss that this law might be a bit overbearing, even though HIS OWN PART is asking him to do so. He’s the head of the right legislative committee. His name is Henry A. Waxman, the Representative from
    California-30th, a Democrat: CALL HIM:
    Phone: (202) 225-3976

  2. fuzzybritches replied:

    I’m quoting you in your above statement:

    “The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties. ”

    Isn’t this pretty much what I stated in my post? While you might not agree with me on it being wiggle room, the CPSC has stated – in an attempt to clarify the law – that resellers, resale and consignores of used children’s items aren’t required to CERTIFY that their items are lead/phalate free, but it also does not mean that they are excluded from selling items that are not lead/phalate free because they are still held responsible under the law. That means that a person/business selling used children’s items should be wise in selling these items. If it is a product known to have lead/phalates, perhaps 1) they should not sell it or 2) have it tested to certify it is lead/phalate free. There are items that are simply not going to have lead in them, such as undecorated (without jewels and paints, etc) apparel that undyed or dyed, and most books, etc. Individuals and business need to use common sense when selling used items, but they do have some room – a whole lot more room than prior to the CPSC clarifying the law for the resellers, resale and consignors of used children’s products. Prior to this clarification, they could not sell a thing at all, regardless.

    While I don’t disagree that Mr. Waxman is refusing to hold a meeting to discuss delaying the CPSIA being enforced, you might want to take a peek at a letter to the heads of the CPSC requesting that a meeting take place to discuss the serious consequences of the CPSIA, consequences not thought of when the law was created. This letter has Mr. Waxman’s name and signature on it.

    http://energycommerce.house.gov/images/stories/Documents/PDF/Newsroom/nord%20moore%202009%201%2016.pdf

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