Political Action in Action

[kandrathe]

Well, at least a delay gives Congress some time to rethink how this poorly thought through law will affect home based businesses and 2nd hand stores.

CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products.

I will continue to write more letters though.

[Jester]

Well, at least a delay gives Congress some time to rethink how this poorly thought through law will affect home based businesses and 2nd hand stores.

CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products.

I will continue to write more letters though.

By all means. Keep up the fight, if this one gets enforced, it won't be to anyone's benefit.

-Jester

[kandrathe]

This is not just a struggle to try to save local crafts, we should also be trying to save as many toys from the landfills as possible. This law will make it impossible for people to sell old toys, clothes, or books sold on sites like eBay and many thrift stores will have to reject and/or throw out a large portion of their donations as well. Some stores may even have to close all together and some charities will suffer as well causing otherwise reusable merchandise to be dumped in landfills. We need to focus as well on other serious ramifications of this law, such as the impact on the environment and the impact on charities and other non-profit organizations.

Call To Action: Bill to Amend CPSIA From Handmade Toy Alliance Yesterday at 8:33pm

The announcement of the CPSIA stay was exciting, tangible proof that we really are being heard and making great progress. The stay (http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html ) is a partial and temporary relief, but there is much work to be done yet. Political leanings aside, we need bipartisan support in order to fix the CPSIA, and be left with a law that will allow us all to stay in business.

Senator DeMint is introducing a bill this coming Tuesday, to amend the CPSIA. The bill will be presented as an amendment to the stimulus package-- a brilliant idea, which will put the debate into the National spotlight on the Senate floor.

Below is information on the bill from Senator Demint's staffer Tom Jones, as well as a comment he posted on Heather Flotman's blog on how to take action to obtain support for the bill, and an excerpt from a comment DeMint made back in March when the CPSIA was first coming through the Senate.

Scroll down for the details. Let's gain lawmaker support for Senator DeMint's bill and save small business from the CPSIA!

Cecilia
handmadetoyalliance.org


Senator Demint's Proposal

1) *_Delay the regulations six months_*. There is massive confusion and uncertainty in the small and home business community. The regulations are unclear and compliance will be practically impossible for many manufacturers. Further the comment period on many of the implementing regulations will extend beyond the February 10th deadline. When a clear path of compliance is not available, it is patently unfair to expect industry to be able to meet those compliance requirements. My bill will delay the implementation six months so that all parties can work together to address the needs of our small businesses and the needs of product safety.

2) *_Allow small manufacturers to use the testing and certification that their component suppliers have done to certify that the components do not contain an impermissible amount of lead._* Lead isn’t going to come out of thin air. If the lead’s not in the components, it won’t be in the product. This will save small manufacturers from having to subject their products – many of which are made in small runs – to duplicative and expensive multi-thousand dollar tests.

3) *_Exempt thrift stores, yard sales, consignments shops and other re-sellers_* from the prohibitions in the Act. Goodwill, the Salvation Army and your local flea market were never the source of the product safety concerns encountered last year, and they won’t be in the future. They are good actors trying to provide Americans of modest means with value oriented products. They shouldn’t be subjected to tens of thousands of dollars in potential liability. In these times of economic hardship it’s stores like Goodwill and the Salvation Army that we should be protecting.

4) *_Prevent retro-active enforcement of the Act_*. There are millions of dollars of safe products in the warehouses and stores around the country today, that come February 10th will be un-sellable. These products have not threatened the safety of the public in any way, but because they haven’t been subjected to the expensive certification requirements of the Act, retailers will not sell them and are often demanding that manufacturers eat their costs. It’s completely illogical that a product that’s safe for sale on February 9th somehow becomes completely unsafe on February 10th. My bill will address this by only requiring that products manufactured after the effective date of the regulations have to comply with the requirements of the Act. This will prevent thousands of products from being destroyed and the livelihood of thousands of businesses from being threatened.

5) *_Provide a Good-Faith Exemption_*. The Act and its associated regulations are extremely complex. Small manufacturers are having difficulty understanding what the Act requires of them. While many small businesses are doing their best to comply with the Act its possible someone could accidentally run afoul of the act. If they can show that their error was made in good-faith, my bill will provide them with a one-time exemption from sanction.

6) *_Require the CPSC to provide small businesses with a compliance guide_*. This is an extremely technical regulation that impacts a number of small businesses who don’t have multi-staff compliance departments to decipher the regulations for them. The bill would require the CPSC in consultation with the state and federal Small Business Administrations to develop a compliance guide that addresses the concerns of the small business community.


Tom Jones Comment from Heather Flottman's Blog

Heather's full post- http://www.boutiquecafe.com/home/2009/01/31/2188/

Heather- you hit the nail on the head here.

First an introduction. I'm Senator DeMint's staffer that handles the CPSC issues for him. A couple quick things.

If your readers could:

1) Call their Senator Monday and let them know that the problems with the CPSIA still exist. There are still liabilities issues out there, its not clear yet what retailers reaction to the order will be (its great to not have to test for a year but if no one will sell your goods that a bit of a hollow victory), PIRG is going to sue to overturn the order and the order doesn’t do anything to deal with State AGs. And of course all the problems come back full-bore in a year. Please try to impress these things on your Senator’s office.

2) When you are on the phone with the office make a very specific ask. Let them know you want the Senator to co-sponsor the DeMint bill. Have their staff contact me. (I work on the Commerce Committee and my email is in the “Global Email Directory.” (they’ll know what that is) I can also be called through the DeMint front office phone line which is 4-6121.) Also let the person on the phone that you’d like a written response on whether the Senator will co-sponsor issue. Finally say thanks for talking to you. The person who answers the phone has the lowest job on the Congressional totem pole and when the phones get hot it can be very stressful. Throwing a little sunlight their way helps.

The main line for Congress is 202-224-3121. Tell the operator which state you are from and ask to speak to one of your Senators. Once you’re done with that, hang up and do it again with the other Senator.

Thanks again for all your help with this. If it wasn’t for you guys being so engaged on this issue, it wouldn’t be moving like it is.

Tom

[kandrathe]

Protest Rally over the CPSIA in NYC as reported by the Associated Press. The American Library Association posted this update regarding delay for one year the testing of all children's books currently on the shelves. Here is a Forbes editorial by Richard Epstein (a professor from Chicago and Libertarian) regarding the absurdity that is our Congress. Killing a gnat with a bazooka, indeed. And, unfortunately giving open license to do so in an area where collateral damage (to jobs, to the economy) will hurt the most (small cottage homed based businesses).

[Occhidiangela]

Protest Rally over the CPSIA in NYC as reported by the Associated Press. The American Library Association posted this update regarding delay for one year the testing of all children's books currently on the shelves. Here is a Forbes editorial by Richard Epstein (a professor from Chicago and Libertarian) regarding the absurdity that is our Congress. Killing a gnat with a bazooka, indeed. And, unfortunately giving open license to do so in an area where collateral damage (to jobs, to the economy) will hurt the most (small cottage homed based businesses).

Hadn't you heard?

The government finds small business inefficient, and prefers wards of the state.

[kandrathe]

Hadn't you heard? The government finds small business inefficient, and prefers wards of the state.

Yes. I'm awaiting my assignment to a government run labor camp where I can work directly for the State.

[kandrathe]

Here is an overview of recent events on this blog

"My daughter works in a used bookstore. TODAY they pulled all the books from the children’s section that had any kind of metal or plastic or toy-like attachment, spiral bindings, balls or things attached, board books, anything that might be targeted under this law, and they very quietly trashed them all. I say “very quietly” because the bookstore had a meeting with employees and told them to be careful not to start a panic. If anyone asked what they were doing they were told to say that they were “rearranging their inventory.” No one was allowed to tell anyone about the new law, and no one was allowed to take any of the doomed-for-destruction books home or give them away."

Another blogger writes;

“We’ve had a number of children die in our country last year because of lead on products that had been imported primarily from China. So, there was a new attempt to look at lead testing and in the process of trying to address the dangers of lead content in some products in this country, we inadvertently caught thrift store in this net,” McCaskill said.

Where did this goofy whopper originate? Surely not with Senator Claire McCaskill (Missouri). She must have heard it through the grapevine. Maybe the old Telephone Game is at fault.

It’s certainly true that thrift stores were caught in this net, but we did not have a number of children die in our country last year because of lead in children’s products.

Not even close. I’ve checked PubMed (National Library of Medicine, National Institutes of Health) and the Morbidity and Mortality Weekly Report (CDC/Centers for Disease Control). There is no report of any child poisoned by children’s products in 2008.

But, it’s early in the year, so was Senator McCaskill talking about 2007? No again. There is no report of any child poisoned by children’s products in 2007. In fact, lead poisoning from children’s toys, clothing, and books is unknown. It simply doesn’t happen.

We simple folks think that if something hasn’t ever happened, then it’s probably not worth creating widespread economic destruction in the name of “prevention.”

I’ll go that far for real risks, but not for trumped-up fakery. Lead poisoning from children’s jewelry has happened, twice, but it is exceedingly rare and requires that a child actually swallow (not lick) the jewelry.

In 2004, a four-year-old boy in Oregon ingested a metal charm off a necklace. He was properly diagnosed, it was removed, and he recovered. In 2006, a four-year-old boy in Minnesota ingested a metal charm off a bracelet. He was not properly diagnosed, it was not removed in time, and he did die of lead poisoing.

With over 75 million children in the United States, this means that the risk of lead poisoning from metal jewelry is less than 0.00000000014%. Cars, dogs, climbing trees, playground equipment, and swimmin’ holes are a great deal more dangerous.

But still, one child did get sick and another child did die. Two children were poisoned by lead jewelry. I have therefore forbidden my children ever to buy jewelry in the children’s department–and especially not at the dollar store. (If they beg me, I’ll probably bribe them with something illegal, like a pre-1985 storybook.)

When a really remote risk and a concerned parent meet, shouldn’t good sense be enough?

Nearly 1000 kids die from drowning ever year. A Consumer Protective Swimming Interference Act would have saved many more lives, and they could have kept their acronym.

[Jester]

It sounds like this has gone from the apocalyptic end of all crafts business, thrift stores, libraries, booksellers and knitting grannies into a minor to moderate inventory purge for sellers of kids' plastic toys.

Maybe they should set up some kind of tax rebate to compensate for the losses.

-Jester

Edit: Whoops, they even gave classic kids' books the okay, since they're classified as collectors' items, not play toys.

[kandrathe]

It sounds like this has gone from the apocalyptic end of all crafts business, thrift stores, libraries, booksellers and knitting grannies into a minor to moderate inventory purge for sellers of kids' plastic toys.

Maybe they should set up some kind of tax rebate to compensate for the losses.

-Jester

Edit: Whoops, they even gave classic kids' books the okay, since they're classified as collectors' items, not play toys.

No, it's quite profoundly the most idiotic piece of legislation since the prohibition of alcohol. Booksellers may be burning their kids books, rather than deal with the hassles. Right now it is up in the air until next January. This affects much much more than you might think. For example, an older game like "Axis and Allies" ages 12 and up might not be resell-able anymore since the top age on the CPSIA is also 12.

[Jester]

No, it's quite profoundly the most idiotic piece of legislation since the prohibition of alcohol. Booksellers may be burning their kids books, rather than deal with the hassles. Right now it is up in the air until next January.

I'm afraid booksellers being overly cautious and "burning" (hardly an appropriate metaphor for what is now a choice on the part of retailers) a small segment of their children's books does not quite qualify this as the "most idiotic piece of legislation since the prohibition of alcohol."

I think people were overreacting, I think people are overreacting, and in a couple of years, this is all going to look pretty silly for all involved.

-Jester

[kandrathe]

I think people were overreacting, I think people are overreacting, and in a couple of years, this is all going to look pretty silly for all involved.

What do you think the ratio of child deaths is from lead versus say salmonella in peanut butter? I'm not saying that we should not be concerned about what our kids have in their environment, but let's get a little perspective.

[Jester]

What do you think the ratio of child deaths is from lead versus say salmonella in peanut butter? I'm not saying that we should not be concerned about what our kids have in their environment, but let's get a little perspective.

Both are vanishingly low, the first probably less than the second, although that would be disregarding the developmental effects of lead, and counting only deaths.

I'm not disagreeing with you that this was probably needless. I'm just saying that a) it is no longer likely to wipe out businesses, as previously feared ("national bankruptcy day"), and b ) this does not rank high in the list of all-time stupid legislation.

-Jester

[kandrathe]

Both are vanishingly low, the first probably less than the second, although that would be disregarding the developmental effects of lead, and counting only deaths.

I'm not disagreeing with you that this was probably needless. I'm just saying that a) it is no longer likely to wipe out businesses, as previously feared ("national bankruptcy day"), and b ) this does not rank high in the list of all-time stupid legislation.

Bankruptcy, no. Criminal results yes. Besides, bankruptcy and business failure takes time. I'm just saying that if we spent a minute fraction of this CPSIA effort on inspecting our food, we'd save lives.

You may never be able to find these in original print form again. Books are being destroyed here, not because they are unsafe. But, because they are not tested, so the safety is unknown. And, this is just one small effect of this over reaching piece of crap legislation. What has everyone's attention is the draconian retroactive ban on untested items along with the fact that penalties under the law are strict and can include $100,000 fines and prison time, regardless of whether any child is harmed. In fact, CPSIA is more ludicrous than prohibition since Ethanol actually *does* poison and destroy more lives, including children's health (due to drinking during pregnancy, bad parenting, or underage drinking). The maximum federal penalty for making moonshine is a year in jail, and a $4000 fine. Although, in practice you get a misdemeanor slap on the wrist the first few times you are caught. But, heaven help the poor sot who resells an old version of "Kipper the Dog".

[Jester]

Bankruptcy, no. Criminal results yes. Besides, bankruptcy and business failure takes time. I'm just saying that if we spent a minute fraction of this CPSIA effort on inspecting our food, we'd save lives.

You may never be able to find these in original print form again. Books are being destroyed here, not because they are unsafe. But, because they are not tested, so the safety is unknown. And, this is just one small effect of this over reaching piece of crap legislation. What has everyone's attention is the draconian retroactive ban on untested items along with the fact that penalties under the law are strict and can include $100,000 fines and prison time, regardless of whether any child is harmed. In fact, CPSIA is more ludicrous than prohibition since Ethanol actually *does* poison and destroy more lives, including children's health (due to drinking during pregnancy, bad parenting, or underage drinking). The maximum federal penalty for making moonshine is a year in jail, and a $4000 fine. Although, in practice you get a misdemeanor slap on the wrist the first few times you are caught. But, heaven help the poor sot who resells an old version of "Kipper the Dog".

I presume you mean "criminal" in the sense of "this is criminal waste," rather than "crimes are being committed"?

See this set of guidelines, with particular attention to:

Question 19: What happens if I sell a product in violation of the CPSIA or other applicable laws?
The Commission’s response to a violation of the law varies depending upon the circumstances, including the nature of the product defect, the number of products, the severity of the risk of injury associated with the product and the type of violation. The Commission’s goal is to help you to avoid future violations and protect your customers, not to put you out of business.

So, if you're a vintage bookseller, you are selling a harmless product, in small numbers, with the only "defect" even potentially being the risk of slightly elevated lead levels, and a violation with absolutely zero intent, you are probably liable for a very small fine, even in the highly unlikely scenario that you are actually prosecuted. The chances of your business being shut down are probably nil, and the idea that you would be thrown in prison is just paranoid.

Or, you put yourself out of business in terror of being fined. Like I said. People are overreacting. Restaurants do not shut down out of fear of the health inspector. However, some people apparently lack perspective, and you appear to be one of them. Worse than prohibition? Earth to planet Kandrathe...

-Jester

[kandrathe]

However, some people apparently lack perspective, and you appear to be one of them. Worse than prohibition? Earth to planet Kandrathe...

And, I perceive you are one of those boiling frogs who will not notice when the water becomes lethal. We shall see dear Jester. I'm not going to be silent and watch the cage being built around me as I'm losing liberties one bar at a time. Welcome to the USSA, and here is your chief nanny in our new NANNY state. Here is a commentary on the appearance of the spokesperson for the Nanny in Chief. I also want to ask, "Is that Hemp behind her?" In other news, the recently harried spokesperson for the Nanny in Chief, Julie Vallese, has resigned.

"I'm into freedom of speech and freedom of choice. I'm the kind of guy likes to sit in a greasy spoon and wonder - "Gee, should I have the T-bone steak or the jumbo rack of barbecued ribs with the side order of gravy fries?" I WANT high cholesterol. I wanna eat bacon and butter and BUCKETS of cheese, okay? I want to smoke a Cuban cigar the size of Cincinnati in the non-smoking section. I want to run through the streets naked with green Jell-o all over my body reading Playboy magazine. Why? Because I suddenly might feel the need to, okay, pal?" -- Edgar Friendly

The government is telling us what we can or cannot buy. You know, it's for your own good. We are over regulated to the point where the best thing, in my opinion, that Congress can do now is nothing.

THIS, and THIS are examples of the society we live in! Wake up! It sucks! I'm not the only one to notice. Here is a proposal by a congressman in NJ to ban rule making that would hurt business for the next 18 months. They've begun to see an exodus in NJ, as has California. I guess over regulation and high taxes will motivate corporations to look for friendlier ground.

[/rant]

OpenMarket.org writes in Regulate First, Think Never?, "This will be ruinously expensive for small toymakers, especially those of traditional, hand-made wooden toys. No wonder that these manufacturers have taken to calling February 10 National Bankruptcy Day."

[Jester]

And, I perceive you are one of those boiling frogs who will not notice when the water becomes lethal. We shall see dear Jester. I'm not going to be silent and watch the cage being built around me as I'm losing liberties one bar at a time. Welcome to the USSA.

THIS is the society we live in! Wake up! It sucks!

Are you forgetting that I don't live in the same country as you? Or is "welcome to the USSA" just figurative?

I have no doubt that your freedoms are being eroded, or at least have been in recent years. But if you honestly think the way the dictatorship is going to come upon you is through product standards regulation, then I think you've been reading a little too much Murray Rothbard.

-Jester

[gojukaine]

Does quoting a character in a sci-fi film played by Dennis Leary really do anything to back the point up?

Don't get me wrong, I love a good Leary rant, it just somehow seems out of place in reality.

[kandrathe]

Does quoting a character in a sci-fi film played by Dennis Leary really do anything to back the point up?

Don't get me wrong, I love a good Leary rant, it just somehow seems out of place in reality.

No. Did you ever read 1984, or Brave New World? It's just a fictional movie about the future, right? Where people who want to live free lives are forced literally into the sewers.

[kandrathe]

Are you forgetting that I don't live in the same country as you? Or is "welcome to the USSA" just figurative?

Yeah, it was figurative. But, then again, we Americans sort of think of Canada as a northern province sometimes. :-) Who knows, maybe our politburo might decide you unsafe Canadians might do better as a part of the North American Union.

I have no doubt that your freedoms are being eroded, or at least have been in recent years. But if you honestly think the way the dictatorship is going to come upon you is through product standards regulation, then I think you've been reading a little too much Murray Rothbard.

It's coming in all different ways from the Right and the Left. The only thing worse than a bible banging law and order conservative, is a political correctness flag waving law and order liberal. Now, I agree we need some laws (even consumer protections) to protect people from things that are abusive, but too much of it is loony tunes. <whispers>Why don't they force testing on everything that children under 12 come into contact with then?</whisper>In a fell swoop, you could decimate the entire group of industries that cater to children. Rather, what will happen is that there will be much fewer numbers children's products. You will only be able to buy tricycles now, designed exclusively for adults. Or, dad will have to make his own kids toys, and hide them all when the CPSC cops come around snooping for contraband toys.

Edit: Oh, and about Murray Rothbard... Don't you be go dissing my man Murray! Or, Von Mises! :-) I was an anarchist before I read any of those crazy Austrians. I've always been a tad anti-authority. Or, as I say to my anarcho-punk pottery cohorts, "I throw my mud chaotically, and stick it to the man." And, by the way, all my prettiest glazes have in excess of 600ppm of heavy metals, and are microwave and dishwasher safe. It's amazing what 2100F can do to seal colors under silicon (also you tend to choose different glazes for the food surfaces than the decorative surfaces.)

[Jester]

But, then again, we Americans sort of think of Canada as a northern province sometimes. :-) Who knows, maybe our politburo might decide you unsafe Canadians might do better as a part of the North American Union.

I suppose it's not entirely common knowledge for those who aren't Terenas lurkers, but I'm not in Canada either. I'm in the UK.

And this is kind of part of the point. The rest of the free world has had much more stringent regulations on this kind of thing for years, in some cases decades. "Freedom" vs. "security" ebbs and flows in a negotiated balance, but the existence of stable, free democracies (like Canada) that regulate more kind of makes the slippery-slope-frogs-boiling talk sound a little crankish.

The rest is just rhapsodizing. If you have the faintest clue about economics, you'll know that the demand for kids' toys is not going to go down, and thus, the equilibrium supply will remain unaltered. You can keep the secret freedom tunnel under your house locked for a few more years, don't worry. The jackboots are not yet coming for your tricycles.

-Jester

Edit: Far be it from me to insult Von Mises, who was a brilliant and important thinker. Nor Hayek, so long as we're talking Austrians. Rothbard is also brilliant, but he is a crank. He believes crazy things, and disowned anyone, left, right or centre, who did not line up 100% with his beliefs. Dude did not know when to settle down.

And if your glazes are over 600 ppm heavy metals, don't give them to children in the cradle to chew on. :rolleyes: