So the February 10, 2009 deadline has come and gone, and I just learned that my local Goodwill has stopped carrying all childrens' products. Some resale shops have decided that the CPSIA does not apply to them, but others have decided not to risk any possible liability, and this limits the options of parents to buy secondhand clothes and toys for our children.
The situation is this: Although the CPSC issued a "clarification" that the mandatory testing requirement will not apply to resale of children's products manufactured before February 10, 2009, the stricter lead limits will still apply to all children's articles--meaning that resellers will still potentially face liability if they are found to be selling a product (such as a toy, a piece of clothing, or something else that is intended to be used for children under age 12) that does not meet the new, stricter lead limits. The CPSC has suggested to thrift and consignment shops and other resellers of children's products that they should avoid reselling products that are more likely to contain lead (such as metal jewelry or painted toys) unless they have those products tested.
I had considered the "clarification" on January 9th to be a victory of sorts, but many, many people and small businesses still feel that so long as they are potentially facing liability, they will not want the risk of continuing in business. For example, obtaining insurance coverage will be difficult or impossible when liability is hanging over their heads if they happen to unknowingly be reselling one item that happens to test out at above the lead limits.
In addition, handmade clothing and toys will just vanish, as it is not cost-effective to test each component of "each batch" for lead when a "batch" may be a one-of-a-kind item, or a small run of 5 or 10. The ability to obtain an "exemption" for particular components, such as unpainted wood or undyed organic cotton isn't going to solve the problem--particularly when materials like these aren't the problem in the first place, and inherently are lead-free.
The bottom line is, the people who are most directly affected by this law--the individuals and small businesses who make small batches of clothing and toys; the importers of toys from countries with even stricter standards than the CPSIA who are nonetheless required to test each batch; the resale and consignment shops and eBay resellers--are still calling for consumers to put pressure on their legislators to repeal the law, or significantly change the way it will be enforced.
So, since the "clarification" does not actually exempt resellers from liability under the law, and resellers understandably feel that the assurance of the CPSC that they are not likely to be prosecuted isn't enough, I am putting back up my links to e-mail your representative and senators, and a new sample letter. If you haven't already contacted your senators or representative, I urge you to do so as soon as possible. This sample letter addresses not only the resale issue, but also the hand-made/small batch clothing and toy issue. You should also check out the facebook group dedicated to saving handmade toys, at http://www.facebook.com/home.php#/group.php?sid=2337e966ed66cc41b70bc5830fe8518b&gid=49551386833.
Contact your senators: http://www.senate.gov/general/contact_information/senators_cfm.cfm
Contact your representative: https://writerep.house.gov/writerep/welcome.shtml
Sample text of e-mail:
Dear [Senator/Representative]:
I am writing to express my concerns about the CPSIA, which went into effect on February 10, 2009. At least some resellers of secondhand items for children have decided to stop carrying childrens' products because of the risk that they will be found liable under the law if one item they sell does not meet the lead limits. Thousands of small businesses will close, including companies that make clothing and toys in such small batches that the costs of the mandatory testing is just prohibitive.
The bottom line is that CPSIA is taking away my freedom as a consumer: my freedom to buy secondhand items for my children and reduce my environmental footprint at the same time; my freedom to buy unique, handmade clothing, toys, and children's articles instead of mass-produced goods imported from China, Taiwan and elsewhere; my freedom to re-sell or consign my childrens' clothing and toys after my children outgrow them and recoup some of the expense of buying these items in the first place. Although the intentions of those who passed this law were undeniably noble, the effects of the CPSIA on businesses other than large manufacturers (who are the ones in the best position to comply with the law) were ignored or glossed over.
Please repeal the CPSIA until it can be reworked into a law that will protect our children from lead in products imported from countries without standards as strong as those that already exist in this country, while allowing manufacturers that use certifiably safe materials to be exempted from additional testing requirements, and exempting from the CPSIA's stiff penalties those individuals and businesses who resell secondhand items for children. Please take action now, so that businesses that chose to exit the market for childrens' products on February 10th rather than risk potential liability under the CPSIA can re-open as soon as possible.
Yours sincerely,
[your name]
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