If the previous Congress' Federal regulation was of the morning, I
dread the lion-eyed glare of this Congress' noon:
"There were 45 million toys and children's products recalled in
2007 -- including Barbie accessories, Thomas the Tank Engines, toy
magnets, and lead-coated jewelry. As a result, the Consumers Union
labeled 2007 'The Year of the Recall.' Certain toys and children's
products were found to contain nearly 200 times the legal amount of
lead (Pelosi)."
The Consumer Product Safety Improvement Act (CPSIA) of 2008, which
takes effect gradually over upcoming months, has many uneconomical
impacts. It was not through a failure of regulation that leaded
children's toys were sold in America; it was a failure of enforcement.
The CPSIA addresses that, apparently, but it imposes vastly more
expensive regulation, too.
Here's what's *not* covered:
"It appears the law has the potential for clarification and
amendments. So far, a statement issued by U.S. Consumer Product Safety
Commission Jan. 8 addressed resale shops: '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.... 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 (Thompson).'"
Here's what (probably) *is* covered:
"It is targeted mostly toward 'children's products,' which are defined
as any consumer product designed or intended primarily for children 12
years of age or younger," including "apparel, shoes, personal care
products, accessories and jewelry, home furnishings, bedding, toys,
electronics and video games, books, school supplies, educational
materials and science kits (Wikipedia)."
Articles can be non-compliant for reasons other than lead content.
Inadequate testing and labeling makes even new merchandise illegal to
sell in the United States.
Because the law applies to goods sold after a certain date regardless
of when they were manufactured, non-compliant articles already in
inventory for anticipated sale later in the year will have to be
either dumped into foreign markets or destroyed. Both alternatives
mean vast economic dislocations for manufacturers and retailers big
and small.
"Electronic products such as video games [controllers] could be
considered children's products, and are therefore subject to that
testing. Electronics products contain lead as a component of solder;
whereas the European Restriction of Hazardous Substances Directive
standards have long attempted to phase out lead solder, the tin solder
is known to suffer from a defect known as tin whiskers. This means
that entire classes of products may become unavailable as
manufacturers withdraw from the markets, banned as they are unable to
pass tests, or defective as they substitute inferior components
(Wikipedia)."
"According to the American Library Association Washington Office Web
site, the organization is urging Congress to clarify the law, which
would require public, school, academic and museum libraries to either
remove all of their books or ban all children under 12 from visiting
the facilities beginning Feb. 10 (Thompson)."
"'I purchase my kid shirts from a company and then I use embroidery
work to add designs and custom names with thread. The company, by the
way, did not realize when I contacted them that they will need to be
in compliance with this new testing by Feb. 10. My understanding from
an attorney is I will need to have every element of my final product
tested to be in compliance.'
"This includes thread, snaps and any other materials that are used in
the design (Thompson)."
It's all about proving innocence.
o Thompson, Allison. "New Safety Guidelines Have Far-Reaching
Implications." _Sheboygan Press_ 26 Jan. 2009. 26 Jan. 2009
<http://sheboyganpress.com/article/20090126/SHE04/901260356>.
o "Consumer Product Safety Improvement Act." 13
Jan. 2009. Wikipedia. 26 Jan. 2009
<http://en.wikipedia.org/wiki/Consumer_Product_Safety_Improvement_Act#Phthalates >.
o United States. Cong. House. Speaker. _Consumer Product Safety
Improvement Act_. By Nancy Pelosi. [30 July 2008.] 26 Jan. 2009
<http://www.speaker.gov/legislation?id=0244>.
--
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... Chuck Rhode, Sheboygan, WI, USA
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