New Lead Law's impact on kid's consignment & small businesses

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Permalink Reply by Janet Littlecrow on January 16, 2009 at 11:00am

We have a page on our business website called "Native American Cultural Genocide", which explains the effect this law will have our our business and many others. It conflicts with federal laws already on the books which protect our rights to engage in our cultural and religious activities, reversing laws 100 years ago which outlawed everything. It will cut our business in half, and also keep us from exporting kids outfits to Canada, effectively punishing Indian kids in Canada for what big American companies did importing dangerous toys from China. Talk about far reaching consequences! View our web page age

http://www.littlecrowtradingpost.com/culturalgenocide.htm

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Permalink Reply by Bridget Smith on January 16, 2009 at 3:36pm

Sign up for the CPSC updates on this. They have changed the law so third party testing no longer applies to used goods like clothing. I'm so glad they did. The policy sounded silly and wasteful. It probaby still applies to small handcraft kids clothing and toy operations which should also have an impact on mom businesses.

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Permalink Reply by Erika Berry on January 17, 2009 at 11:40am

my sister in law has the cutest clothing line, Limabean kids, this totally impacts her. This stinks for all the etsy and other clever mom designers. Darn it!

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Permalink Reply by DivorcedDadWeekly on January 19, 2009 at 10:46am

Does this law focus on toys only?

Is there a website that lists the details of the law and which products it includes etc?

Do you know of any "lead testing" kits available?

I live in Canada, and as far as I know we do not have a law like this (must check into this)

In the case of eBay, I gather we (as Canadians) would have to comply with the US law if we were selling to a US purchaser.

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Permalink Reply by paula_thrasher on January 19, 2009 at 11:00am

This law is terrible - it is going to put hundreds upon hundreds of small, Made in America clothing manufacturers out of business. What a stupid thing to do in this economy

My sister owns a small childrens clothing company that makes custom embroidered and other outfits for children. Thanks to this new law, effective Feb 10 she is out of business. She employs 5 seamstresses to help her (all Moms too), and she had to lay them all off this month. At 50,000 a pop there is just no way than any small business can afford the mandatory lead testing that this law requires. I'm sure the result will be more 'made in china' - not less. Write your congressperson today and complain - this law is terrible for business and bad for moms

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Permalink Reply by Mindy Glover on January 19, 2009 at 12:27pm

Here is the main site for the Act:

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

I also have some helpful links on my blog at www.mindyglover.blogspot.com




DivorcedDadWeekly said:

Does this law focus on toys only?

Is there a website that lists the details of the law and which products it includes etc?

Do you know of any "lead testing" kits available?

I live in Canada, and as far as I know we do not have a law like this (must check into this)

In the case of eBay, I gather we (as Canadians) would have to comply with the US law if we were selling to a US purchaser.

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Permalink Reply by Lorraine Carter on January 19, 2009 at 4:24pm

This is going to have a big impact on poorer familys, who depend on goodwill, salvation army, flea markets and rummage sales. I, myself go to a lot of these to get clothes for my grand kids, grand neices and members of my family and friends who are having babies, or are going through difficult times. This will affect the way I can help others, because my income is very limited right now. I cannot afford to go and buy new childrens and babies clothes for those families that need help.

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Permalink Reply by Juliet on January 19, 2009 at 4:36pm

We've been posting updates to this on our shop blog. As a small business owner it is a huge concern. We are not a consignment shop and we have to have "Certificates of Conformity" for all of our products. Socks, bibs, clothing, blankets, shoes. You name it, if a child under 12 uses it we have to have a certificate for it.

The interesting thing (to me) is what happens after you get it home? A manufacturer has to spend $100 per component for a garment (thread, fabric, buttons, ribbon etc.) but what about laundry detergent? Kinda defeats the whole purpose.

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Permalink Reply by Diane on January 19, 2009 at 6:35pm

Here's an update--


NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs Washington, DC 20207
FOR IMMEDIATE RELEASE
January 8, 2009
Release #09-086

CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

CPSC Clarifies Requirements of New Children’s Product Safety Laws Taking Effect in February
Guidance Intended for Resellers of Children’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, children’s products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain children’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, children’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 children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’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 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.

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 (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 children’s products, particularly cribs and play yards; children’s products that may contain lead, such as children’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 www.cpsc.gov for more information.

---

Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.

http://www.latimes.com/business/la-fi-thrift9-2009jan09,0,7588285.s...

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Permalink Reply by Diane on January 19, 2009 at 6:43pm

It is also a great idea to get an opinion from an attorney before freaking out. Not an attorney here and NOT giving legal advice- go talk to an attorney. The law (have the whole 60 something pages sitting on my lap) seems to be focused on the "manufacture AND import". Again, talk to an attorney and don't freak out. This will be sorted out- there is NO way it won't.

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Permalink Reply by Danielle Smith on January 20, 2009 at 12:58pm

A friend of mine from High School closed her onine business yesterday because of this law. She determined she would have to sell her products for roughly $5000 each to cover the cost of the lead testing. Makes me so mad that she can no longer do a sweet little home business that was contributing to her family.

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Permalink Reply by Janet Littlecrow on January 20, 2009 at 9:13pm

There have been boatloads of attorneys weighing in with opinions on this, and they all say the same thing. This is why we've been raising heck in DC for weeks! It's an impending train wreck that nobody has been paying any attention to in the media or in DC, until now, less than a month before it goes into effect. My attorney is a corporate law attorney, former tribal judge, and is in DC this week for the Inauguration. She and a partner will start making the rounds of congressional reps starting Wed. This is not someone's "misinterpretation" of a law, it's as real as a rattlesnake. Congress sent a letter to the CPSC on Friday urging them to speed up their definition process, but Congress needs to fix their own law and not expect 2 people on the CPSC commission to do all the work for them. This bill passed both houses almost without dissent. There are many YouTube videos concerning this law and repercussions.

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