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Activism CPSIA: CONGRESS
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Vickie
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PostPosted: Thu Jan 29, 2009 1:34 pm    Post subject: Reply with quote

I think he is passing the buck, and this will result in no action.
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Kiki Fluhr
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PostPosted: Thu Jan 29, 2009 2:55 pm    Post subject: Reply with quote

This is the reply Sen Feinstein is sending out (from this thread: http://www.etsy.com/forums_thread.php?thread_id=6020042&page=1)

Quote:
Dear ---:

Thank you very much for your letter expressing concern about the implementation of the Consumer Product Safety Improvement Act of 2008 (Public Law 110-314). I understand the challenges facing certain businesses and organizations that must comply with the law's requirements and welcome the opportunity to respond to your concerns.

As you know, on August 14, 2008, the President signed the Consumer Product Safety Improvement Act of 2008 into law. This legislation will modernize and strengthen the Consumer Products Safety Commission (CPSC) to enable the agency to aggressively pursue its mission of protecting consumers and families through the oversight of more than 15,000 products sold in the United States.

Included in this important bill are requirements intended to limit the exposure of children to lead and phthalates in toys. Specifically, beginning February 10, 2008, 180 days after the bill's enactment, children's products containing more than 600 parts per million of lead will be banned from production and sale. Within three years, toys containing more than 100 parts per million will also be prohibited. The bill will also ban some phthalates from toys and childcare articles for children under the age of three. To help enforce these requirements, manufacturers will be required to have new children's products tested for these chemicals by a certified third-party.

I recognize that the compliance dates and certification requirements of this legislation may pose certain challenges to some businesses, organizations, and charities that are affected by the law. You may be interested to learn that the CPSC has announced that sellers of used children's products, such as thrift stores, will not be required to certify that their products meet the new standards.

Additionally, retailers will not be required to test products that are already in their inventory. However, they will not be allowed to sell those that exceed the lead and phthalate limits. Therefore, the CPSC suggests that retailers should avoid selling products that are likely to have a high lead content, unless testing or other information would prove that their products are compliant. This guidance is intended to allow retailers to sell children's products already in their inventory that would clearly not violate the new limits. The CSPC continues to publish additional guidance to assist in this process. For more detailed information, please visit the CPSC website at www.cpsc.gov/about/cpsia/cpsia.html.

Please know that I am following the CPSC's implementation of the standards closely. I appreciate your input regarding this issue and will be sure to keep your thoughts in mind should the Senate take additional action regarding these matters.

Again, thank you for writing. If you have any further questions or comments, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841. Best regards.


Sincerely yours,
Dianne Feinstein
United States Senator


Check out the 5th paragraph. This is causing many people to say they do not need to test. Sigh.
Response to post in the thread?
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Melanie
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PostPosted: Thu Jan 29, 2009 3:06 pm    Post subject: Activism CPSIA: CONGRESS Reply with quote

Kiki-obviously she hasn't read or heard of the Falvey opinion and her retroactive ruling...which states that inventory does have to be tested, even if it was manufactured before 2/10...
That's our other uphill battle here..not only does most of Congress not understand what they've actually signed into law...but they also are NOT aware of the opinions that the General Counsel for the CPSC has been issuing...and that pretty much tells us, the ones who bother to read them...that this is the way the CPSC is interpreting the law...and how they intend to enforce compliance with the law...
I spoke to an assistant in Sen. Inhofe's office (OK)...she had no idea about the Falvey opinion...not many do, I fear, as evidenced by Sen. Feinstein's comments in this letter. I also just love how she downplays the difficulties that some businesses will have! How completely clueless, and uncaring...it doesn't affect her, so no big deal!
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Kiki Fluhr
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PostPosted: Thu Jan 29, 2009 3:11 pm    Post subject: Reply with quote

I just.....
AHHH!

*headdesk*

I have not been participating in the Etsy forums on this topic anymore - it was just causing too much stress as they have gotten really, really nasty. I feel like this needs to be refuted, but having tried to be a voice of caution in there before and getting slammed for being a fear-monger and inciting panic, I don't know why anyone would now listen to me (especially as opposed to a Senator who is *supposed* to know what she is talking about!)
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Alison Cummins
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Joined: 17 Dec 2005
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PostPosted: Thu Jan 29, 2009 3:40 pm    Post subject: Reply with quote

What I understand from the CSPC is the following:
1) Sellers may not sell lead-containing children’s products after February 10.
2) Children’s products that may contain lead are children’s jewelry and painted wooden or metal toys. If you want to sell these after February 10, you should probably test your existing inventory.
3) Children’s clothing does not contain lead, so can be sold without testing and without worry, even after February 10.
4) Manufacturers of children’s clothing have to test it for lead because Congress said so, even though it doesn’t contain lead.

(Kathleen, please feel free to delete if your judgement so moves you.)
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blizzard77
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PostPosted: Thu Jan 29, 2009 10:04 pm    Post subject: Reply with quote

Kiki Fluhr wrote:


I have not been participating in the Etsy forums on this topic anymore -)


Me neither, once the topic took off. It's not worth the effort (nor the headache!). But at least a lot more people know about it and are creating noise.
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Tracy D
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PostPosted: Thu Jan 29, 2009 10:12 pm    Post subject: Reply with quote

finally got a response from my letter to Cornyn....it was something along the lines of "thanks for your letter, yeh, we support the CPSIA too...." I'm thinking he didn't read my email at all???? what do you think????? I'm betting they'll think differently when I call tomorrow, y'al think? Don't worry, I'll start off nice. Very Happy
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Kathleen F.
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Joined: 08 Sep 2005
Posts: 11062
Location: NM Albuquerque

PostPosted: Fri Jan 30, 2009 4:35 pm    Post subject: Reply with quote

I've been waiting for a week to be able to announce this!

Senator Jim DeMint (R) SC, has announced he's introducing legislation next week to reform CPSIA

I was just one of many working with his legislative aides in coming up with a proposal for the amendment. I haven't seen a final draft of what's included but I am very hopeful the majority of our issues have been addressed.
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Frances L
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PostPosted: Fri Jan 30, 2009 4:51 pm    Post subject: Reply with quote

Bravo, Kathleen!
Kathleen F. wrote:
I've been waiting for a week to be able to announce this!

Senator Jim DeMint (R) SC, has announced he's introducing legislation next week to reform CPSIA

I was just one of many working with his legislative aides in coming up with a proposal for the amendment. I haven't seen a final draft of what's included but I am very hopeful the majority of our issues have been addressed.
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BethT
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PostPosted: Fri Jan 30, 2009 5:16 pm    Post subject: Reply with quote

That's the best news I've heard since this all started!

Proud to be from SC. Smile
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ShariB
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PostPosted: Fri Jan 30, 2009 5:46 pm    Post subject: Reply with quote

Alison Cummins wrote:
What I understand from the CSPC is the following:

3) Children’s clothing does not contain lead, so can be sold without testing and without worry, even after February 10.


(Kathleen, please feel free to delete if your judgement so moves you.)


Did something change?? I watched the hourlong video of all the experts proving ther is no lead in kids clothing, but I read nothing about us retailers being allowed to sell them after Feb 10 without PROOF that there is no lead (ie: reasonable tests). Please someone advise if this is true? What about items with snaps/zippers etc?
Thanks!
Shari
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Kiki Fluhr
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PostPosted: Fri Jan 30, 2009 9:26 pm    Post subject: Reply with quote

Kathleen thank you so, so much from the bottom of my heart for everything you have done! Yea!
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Charlotte Reppy
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PostPosted: Fri Jan 30, 2009 10:53 pm    Post subject: CPSC Issued "Stay" Reply with quote

While the CPSC has issued a 1 year stay on requiring certificates of compliance so that they can better define their guidelines, all it really does is further muddy the waters and cast all retailers into the same murky pool as resellers. Retailers and crafters don't have to test, but they're still subject to fines and imprisonment if they sell anything that exceeds the 600 ppm lead limit after Feb 10. The February 10 deadline for meeting the lead limit for existing inventory has not changed! Please don't let this get hailed as a solution!

Senator DeMint's proposal seems much more reasonable. Thanks, Kathleen.
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BethT
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PostPosted: Sat Jan 31, 2009 8:55 am    Post subject: Reply with quote

I agree. As a retailer, the one year stay doesn't give me warm fuzzies. I can understand how it may for some manufacturers, but I'm left with the same set of facts I had two days ago: a warehouse full of inventory we can't sell after a few more days. And as a retailer, I am left with the same challenge - sourcing inventory that has been tested as that is the only way I can "know" that it meets the 2/10 lead limits. A challenge the stay actually makes harder for me if manufacturers aren't testing.

I do see the CPSC stay as a good sign - an acknowledgement by the commission that this law is not yet ready for prime time. Hopefully, Sen. DeMint will be able to use it to secure passage of his bill.
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Melanie
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PostPosted: Sat Jan 31, 2009 11:47 am    Post subject: Activism CPSIA: CONGRESS Reply with quote

Kathleen-I too thank you for ALL of your efforts! This is great news from Sen. DeMint, on possibly revising the CPSIA!!!! I will be watching that closely...and once he introduces his bill, I will again start contacting my congressmen and urge them to help make this happen! I see that as our next round of activism...see what is proposed for changes...and if it's good...encourage them to pass it...
thanks again!
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