The two Congressman also suggested that 'by simply delaying the imposition of pending CPSC action to work our way through this problem, we can save many jobs and ensure that toys are safe.'

We'll see if Waxman can be persuaded by members on his own committee,  as purportedly aides have indicated off the record to others, he has indicated recently he had no intention of holding a hearing on the matter.

Stay tuned for more updates!

'Save Small Business from the CPSIA' is now one of the top ten ideas for change in America on change.org.

These ideas were presented to President-elect Obama's change.gov/transition team at a press event in Washington DC this afternoon.

Thanks to 12,280 votes from supporters, our issue is now part of a campaign to increase national awareness of the lack of provisions for small business in HR4040, the CPSIA, and bring about positive changes to the law.

A forum has been opened for discussion on how to most effectively turn our idea into a successful national campaign, and the Handmade Toy Alliance would love your suggestions on how to bring about this Idea for Change. You can join the conversation here:
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia 

The CPSC attempted to squash the uproar over this wide-reaching legislation on resale, thrift and consignment stores by issuing a craftily written, ‘Press Release’ to ‘clarify’ their position, issuing it to television media before their RSS feed. The media picked up the sound bites the CPSC hoped they would and promulgated it. Only those journalists that have actually taken the time to research the complicated issue accurately reported the true message of the ‘Press Release’. This video shows just how conveniently CPSC spokespersons choose to talk out of both sides of their mouth.

 The reporter asked Vallese how thrift stores are supposed to deal with the CPSIA. Vallese replied that  testing is not required by thrift stores and resellers, but that  “there is a lead level limit of 600ppm that has to be met”. When pressed on how a thrift store is supposed to figure out what to do, given that contradiction, her comment was “that law is not defined”.

Vallese said that the business owner needed to arrive at a “level of confidence” about the lead content of the products they sell.Vallese stated,  “they simply need to make a business decision at a level of confidence that the products that they are selling meet the law.” Asked how they could determine if items meet the law, asking what Vallese would suggest to arrive at an acceptable “level of confidence”, Vallese gave three alternatives: “they can look at it and make an informed decision”, “they can call the manufacturer”, or “they can test”. Only a lawyer can advise if they felt ‘look at it and make an informed decision’ would be an adequate defense for a store owner faced with a hefty fine of up to $100,000 -  in court.

The issue of testing was raised. Vallese indicated that the suggested screening technology is XRF because the lead pencil-like test kids are not accurate.  Asked how the CPSC uses XRF, Vallese said: “We use XRF technology as a screening tool but not a deciding measure.” Clear as mud?

Vallese, in perhaps her worst moment during the interview went on to make the “mommy blogs spreading misinformation” comment at around minute 3:10 in the video. With that comment the CPSC showed their true lack of ability to grasp the enormity of the problem facing U.S. small businesses, work-at-home moms; small crafters, resale, consignment and thrift store shop owners, hand-made toy artisans and the others as they face closing their businesses.

With that comment, not only has the CPSC spokesperson seemed to ‘call ‘em out’ but appeared to be insulting their intelligence. Perhaps that’s why Vallese, who had already resigned,  was made the ‘face’ of the historic interview. Tommorrow she cleans out her desk.

Watch the video here

CPSC spokesperson, Valese, says Resale/Thrift stores are not required by law to test products but are required by law to not sell items which do not meet the new lead standards. How? Use their best judgement or use screening devices such as XRF Technology. She says lead screening kits are not a good tool to measure lead content in children's items.

Bottom line - nothing has changed. 

Get your own poster!  Click here  (in pdf format)

Compliments of Auntie Kate

From the article:   "The US government – champion of capitalism around the world – is making safety regulations so difficult for small businesses that many will simply shut down, and others will exit the market for children's products."

Writer, John Tozzie, has specifically requested input toward the article he is writing. He writes on his blog, "I’m still working on this piece, and I hope to deliver something different to add value to the growing number of reports on the CPSIA. So, what questions should I ask the Consumer Products Safety Commission? How would you implement this law in a way that balances concerns over lead in toys with the ability for small producers to test and certify their products? Whose voice isn’t being heard in this discussion? Weigh in as always in comments, emails, Twitter. "

So, now's the time to contribute!  Let him know we care and our customers care!

January 12, 2009

Resale Professionals Unwilling to Test Their Fate
St. Clair Shores, MI—The Consumer Product Safety Commission (CPSC) press release, issued January 8, is void of relief and security for resale professionals unwilling to test their fate under the current Consumer Product Safety Improvement Act (CPSIA) as it stands. “It is a step in the right direction toward open communication," said Adele Meyer, NARTS Executive Director, “but it is NOT a ruling, exemption or exception to the CPSIA... it is a Press Release. It is NOT definitive! The children’s resale industry needs definitive rulings that will guarantee they can operate in compliance to the CPSIA without the risk of violations.”

Continue reading

(opens in PDF)

January 11, 2009

New Law Threatens to Devastate the Children’s Resale Industry
St. Clair Shores, MI—President Bush signed the Consumer Product Safety Improvement Act of 2008 (CPSIA) into law on August 14, 2008 without much fanfare or media attention. The CPSIA was passed to protect children from unsafe, lead laced toys imported from China which were the target of the widely publicized recalls of 2007 which shook the public's trust. However, the CPSIA does not just encompass toys. The new law expands the definition of products covered to include “any consumer product designed or intended primarily for children 12 years of age or younger.” Clothing, cloth diapers, hair bows, books, school supplies, blankets, sheets, bibs, footwear, baby equipment—EVERYTHING.

Continue reading

(opens in PDF)

If you are a resale store and are not a member of NARTS  now would be the time to join. NARTS is working hard to protect all resale and thrift stores and have been working with CPSC non stop.

Breaking News!

Please read the following press release. If you are an interested party directly affected by the CPSIA that will take effect as of February 10th, I urge you to join us in this class action lawsuit.

Contact me or the contacts listed below for additional information.

Warmest Regards,
Dawn Michelle LaPolla
Baby Sprout Naturals
dlapolla [!at] gmail.com
ReformCPSIA.org
Reform Petition

To read more about this class action lawsuit announced today go here.

The latest news stories over the weekend:

The Christian Science Monitor – January 12^{th -“…}but neither are they permitted to sell items in violation – leaving them in a murky gray legal zone.”

 Overlawyered –  January 11^th -Furor Builds Over Empty Toy Shelves

 “On January 8, as press coverage mounted, the Consumer Product Safety Commission (CPSC) rushed out a supposed clarification of the regulations: thrift shops, eBay sellers and other second-hand retailers would not be compelled to institute testing programs on all items sold, the way manufacturers would. But the commission made clear that if the stores do wind up selling any secondhand products containing the substances — phthalates, for example, are often found in bendy plastics — they face both criminal liability and civil fines (which run up to $100,000). It isn’t required that the store know or should have known that a pre-2009 item was in violation, and of course it isn’t required that anyone be harmed by the good (the entire episode has gone on with a near-total absence of any showing that actual kids had been harmed by the products swept from American shelves).”

Wacky Hermit – January 8^th – CPSC ‘clarifies’ thrift shop ‘exemption’

 “The CPSC must think the public will shut up and go away if they make us think they've exempted thrift stores. They can see that thrift stores are a bridge too far for the American public, so they're hoping that if they can make the thrift store problem go away, they will be safe from the public's wrath. Let's hope the public sees through this plan and doesn't take the bait.”

Join the mail-in protest begun by the Handmade Toy Alliance and the Whacky Hermit. Read about it on the site.

Congressman Anthony D. Weiner – NY -Letter to CPSC

 Lexington Herald Leader – January 11 – Second-Hand Woes: Moms, consignment stores, charities band together to challenge lead testing requirements

 Consumer Affairs – January 12th– ‘Toymakers, Craftspeople Up In Arms Over New Saefty Law’

 KKTV – Colorado – January 10^th -  ‘Fine For Selling Kid’s Products With Lead, Not Intended For Consignment or Thrift Stores'

 MSNBC – Hagerstown, MD January 9^th – ‘New Law Requires Thrift Stores To Test Toys for Lead’

 MSNBC – Fort Meyers, FL – January 10^th – ‘New Child Safety Laws May Put Thrift Stores Out of Business’

 Lancaster Online – January 11^th -  ‘A New Lead-testing Law Wears on Resellers’

 Detroit News – January 10^th -‘Lead Law Woes Sink Thrifty Shoppers’

Tribune Star – Terre Haute, IN – January 10th -‘Law Requires Testing for Lead on All Child’s Products’

 Guy Midkiff – City Councilman – Washington, DC – January 10^th – ‘H.R. 4040’