**I will add links and updates to this post as I come across them.**
Okay People...I do not write this lightly. I am begging you to read this post, research the links, and act now!
About a week ago I received an email posted on a homeschool loop I am on about the new Consumer Product Safety Improvement Act. This act was signed into law last August and will be in effect on Feb. 10th of this year. Rebecca Wilson from Hope Chest Legacy, a homeschool vendor who will closing down her business as a result of this Act explains it better than I can:
"This law may have been intentioned to protect American children from lead and high PCB levels, but what it will actually do is cause havoc in American homes and in our economy. It is a VERY badly written law, vague and open ended in many ways. Although written with China made products in mind, it is open for ANY item sold in the USA regardless of where the item was manufactured.
This law requires that ANY item that comes in contact with a child who is 12 years old and under, to be tested at a government approved testing facility and have a 'certification' placed on the item. Sounds simple enough, but the fallout is much more intense.
The cost of having a single wood block tested is $150. To have a wooden baby's teething rattle tested would be $4000. Even books, DVDs, clothing, handmade toys or blankets, children's clothing, the bags items are packed in and sold in, etc come under this new law. ANYTHING that comes into contact with a child under 12 years of age is required to be tested and certified."
I honestly figured this was hype when I received the first email and blew it off. Until I received the email from Rebecca Wilson. I adore her products and the fact that this was hitting so close to home had me concerned. So I started researching...
Check out this post on a forum from a woman named Kathleen Fasenella who has been to Washington D.C. in attempt to fight this. She says:
"Dear Friends
There is a grave crisis in the industry. I don't post here much so if you don't know me, I don't blame you for thinking I'm a kook, alarmist, extremist or conspiracy theorist. What I'm going to tell you is all too true. In a nutshell, as of 2/10/2009, it will be illegal to sell most products intended for children 12 and younger unless you undergo expensive product testing to certify your products as safe. There are no exemptions or exceptions. This includes wahm or grandmas making items for bazaars, craft shows, etsy, ebay, or just person to person sales. As of February 10, 2009 (National Bankruptcy Day) anything without a General Conformity Certificate is legally considered Banned Hazardous Material."
Let me break this down...ANYONE WHO SELLS PRODUCTS, NEW OR USED, THAT ARE INTENDED FOR CHILDREN AGES 12 AND UNDER WILL BE REQUIRED TO HAVE ALL OF THESE PRODUCTS UNDERGO EXPENSIVE TESTING...I'm talking toys, clothes, BOOKS, CURRICULUM...Even selling used toys/books to your friends WILL BECOME ILLEGAL without having them tested.
This means no more selling children's products on Ebay or Etsy.
I received an email that said Amazon has ALREADY contacted their vendors to let them know they will not sell children's items without the testing. I contacted an amazon.com rep this morning who verified that vendors had been notified that they would need to comply with this act! But she obviously didn't understand that in order to comply with the act, anyone who wanted to sell their used copy of Goodnight Moon for $2 on amazon.com that was published pre-2009 would first need to have it tested for $500+. She gave me the fax and address for their legal dept. for further questions.
Children's Consignment Stores will have to close. GOODWILL HAS ALREADY DECIDED THEY WILL NO LONGER CARRY CHILDREN'S PRODUCTS AND SOME OF THEM ARE CLOSING.
Do you realize how this will effect the homeschool community? Almost every company that I buy homeschool books, curriculum, and products from are a mom and pop organization that will not be able to afford this kind of testing. We will no longer be allowed to sell used products for our children online and will be breaking the law if we do it in person. How many homeschool moms do you know earn extra income by making hairbows, blankets, and toys? They would no longer be able to do that.
My husband and I have been in contact with HSLDA and they just found out about this YESTERDAY! They are looking into it as I type.
HOMESCHOOLERS, MOMS AND DADS, BLOGGERS we are a large voice in this community and the word needs to get out now! Please look at the following links, write a post on your blog, email friends, and more importantly contact your representatives! MOST IMPORTANTLY, PRAY.
Here is a link to a PDF of the act (refer to pg 7):
http://www.cpsc.gov/cpsia.pdf
Here is a link to another interesting article which provides you with the address for the Consumer Product Safety Commission: http://www.digitaljournal.com/article/263549
Here is a link to an article interviewing a homeschool mom of 13 who will have to close her home-based used book business:
http://www.worldnetdaily.com/index.php?pageId=85542
Here is a link that has lots of information about how this will effect the "Homemade" industry as well as a button that you can put on your blog:
http://coolmompicks.com/savehandmade/
Some people are calling Feb. 10th, 2009 "National Bankruptcy Day" because of all the businesses that will have to close. See here:
http://nationalbankruptcyday.com/
Here is a Facegroup site working to fight against it:
http://www.facebook.com/group.php?gid=38306568596
YOU can sign this petition:
http://www.ipetitions.com/petition/economicimpactsofCPSIA/index.html
Here is a link to the list of The Subcommittee on Commerce, Trade, and Consumer Protection.
If any one of these Representatives are YOUR representative, PLEASE call & email them to voice your concerns about the provisions in the law as they affect you and the children's products industry in general:
http://energycommerce.house.gov/index.php?option=com_frontpage&Itemid=81
PLEASE everyone, write your congress person here... https://writerep.house.gov/writerep/welcome.shtml
and your Senator here...http://www.senate.gov/general/contact_information/senators_cfm.cfm
Also contact the CPSC about the CPSIA...
http://www.cpsc.gov/cgibin/info.aspx
PLEASE READ THIS ARTICLE BY HEATHER IDIONI FROM THE HOMESCHOOL NEWSLETTER FOR PARENTS TITLED, "The Sale of Children's Books to be Banned"
Are you a quilter or do you sew? Read this to see how you will be effected:
http://weblog.xanga.com/GloryQuilts/688416985/my-longest-blog-post-ever---and-the-most-angry.html
Here is a very simple letter that I have been sending and emailing to my representatives.
To (name of Representative)
I have recently read about the new Consumer Product Safety Improvement Act and I am deeply concerned. I am a mother of six young children and know what it is like to worry about the safety of the products and toys that they are being exposed to. That being said, I am also a consumer of many small businesses that would be put out of business due to this law being passed. I could not count the number of books, toys, curriculum, and other products that we currently use and love that would literally disappear as a result of this law...products from small businesses that have been used in our home and others for many years without any safety issues. I have come to trust these companies to provide safe and quality products for our family.
I am writing to tell you that I am opposed to the new Consumer Product Safety Improvement Act as it is currently written and urge you to change it before it goes into effect! I have no interest in seeing the American home-based businesses that I know and love and the children's consignment shops, not to mention America's entrepreneurial spirit, vanish from this great nation.
Sincerely,
Shanna (last name)
Address
**UPDATE: As of today...there may be relief for resellers of used items:
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html
Still nothing for home-based businesses marketing new products.**
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Shawna,
ReplyDeleteSo complete and concise! Thanks for so much info...will be blogging too~
hugs
cheryl
homeschoolblogger.com/SisterTipster/
I too was very concerned when I heard this news. I contacted Gary Bauer from Campaign for Working families. He publishes a daily newsletter and keeps people abreast of what is happening in Washington. I figured he would know about this law and it's implications. Here is his reply to me. "I think this is getting blown out of proportion. The agency policing this issued a statement saying that the law is intended to apply to manufacturers and importers."
ReplyDeleteI hope that people don't unnecessarily sell off their inventory. I am an Amazon associate and have not received anything from them. I can't imagine anyone getting something like this through.
Here is our problem as a publisher of books, cds, and binders. Some of our printers are aware of the situation--many were not! Including the large CD corporation which deals with manufacturing CDs and DVDs of all kinds! They are on it now, but in the end, the one who sells it to the family of the 12 year old child is 'me.' Components of each item must show to have been tested, which means with our binders, the paper from the mill, the inks from the ink company, the rings and rivets from where they were manufactured, the laminant from where that was purchased, the adhesive, and so on. ...from the manufacturer who knows nothing of this law.
ReplyDeleteUltimately, with 2500 of these expensive binders in our inventory now, after 2/10/09, WE can't sell them until we can prove each piece meets the lead/phthalate limits.
The law is vague enough, but what is clear is that items that do not meet the testing requirements can NOT be sold. Even though we are the publishers, we are the final ones selling to the public, just like the other retailer will have to show certification for each product. It is the enormous costs of testing that is so daunting, and will put many small business owners out of business.
What kills me is that books and books and CDs deal with nil-to-trace amounts of lead--which is rediculous that the expensive lead testing should even have to occur in the first place. How these got on the list in the first place absolutely behooves me.
PLEASE make the calls--get people acting to amend this law! There are MANY of us who will have to shut our doors or at the very least reduce to selling minimal materials, and will the impact will be FAR reaching.
There are many people who think that this is getting blown out of proportion, but that doesn't mean that it is. It does seem unimaginable, but it has ALREADY gotten through. It was signed into law last August and will be in effect on Feb. 10th.
ReplyDeleteOf course this law was intended for good, but unfortunately it was not a well written law and no one stopped to think how it effect the American home based business. Please see the above comment!
It was the intention of our founding fathers that when a law was written, the American people would know about it and keep our legislators accountable. It is a good thing that people are talking about this law and the implications that it could have on the small businesses of America. It is a good thing that people are acting to protect them.
Mr. Bauer may think this is being blown out of proportion, but try telling that to the small businesses who will have to close their doors on Feb. 10th if nothing is done about it. I HAVE TALKED TO THEM. THEY HAVE READ THIS LAW. THEY HAVE CONTACTED THEIR LAWYERS AND EVERY AUTHORITY AVAILABLE AND THEY KNOW THIS LAW APPLIES TO THEM AS IT IS CURRENTLY WRITTEN.
Also, I personally talked to an Amazon sales rep two days ago who verified that they DID contact their vendors to tell them they must comply with this law. That being said, because of the uproar from American citizens, a change was made yesterday by the CPSIA that would make resellers exempt from the expensive testing. Thankfully, moms will still be able to shop at thrift stores and buy used books on amazon and through ebay...NOW that a change was made to the CPSIA...two days ago that wasn't the case.
I didn't realize that home businesses would still be impacted.
ReplyDeleteIf an uproar caused them to change 2 days ago, then let's cause another uproar and get Washington to put their thinking caps on. How could anyone have thought that this law was going to work?? There has to be some way to protect children without putting honest, hard-working people out of business...
Thanks so much for the sample letter. I will use it to contact my representatives in Washington.
Thanks Heidi! I agree with you. The good news is that it seems that word is spreading quickly and some of the big guns in the book industry have gotten wind and are moving into action as well ...hopefully with consistant pressure, a resolution will be made to keep our children and businesses safe!
ReplyDeleteShanna, can I copy portions of your blog to put on my blog?
ReplyDeleteBecky