So this morning my husband surprised me with the gift of time; after finishing up my morning exercise class, I called home and my husband told me he’d made plans with other dads and their kiddos to head downtown to the American Museum. “Woo hoo!” I shouted, quietly to myself. Uninterrupted opportunities to spend time with myself are like mysterious interventions generously given to me on behalf of the universe (or maybe it has something to do with my husband noticing I need some time to myself and his wanting to get out on a Saturday morning). Either way, I was a free woman for about 4 hours today. I pondered how I might spend my time; I could read, browse a book store and sip hot tea like a sophisticated adult–hey, a girl can pretend, or go home and write. But as I sat there in my car, wheels turning inside my head, I decided to have a morning of leisurely consignment shopping. All to myself. No heckling, orders, or pleas to go home (from my husband . . . and daughter). No worrying that I need to be home in time for nap. No having to unload a number of items from my car, including my daughter. to walk into a store. Yay!
I drove to my favorite consignment shop called Little Lords and Ladies; I’d stumbled upon it almost a year ago by accident and I’ve been making a point of shopping there for Annabelle’s clothes, books, toys, and much more since then. When I arrived, I spoke with one of the store’s owners Brian Meny about finding a sturdy umbrella stroller (they apparently were out after having had a successful 50% off after holiday sale). I also asked Brian about the Consumer Product Safety Commission which I had posted about here a few days ago. He told me that his store and other second hand sellers would be affected by this new law but that Congress had plans to amend the law so that it would not affect small business likes his. Brian specified that this press release, which “a mommy group friend” had recommended I read, is just that–a press release and not an actual amendment to the law. He then went into a little bit more detail about the law and how it will affect both retailers, independent sellers (like Craig’s List and Ebay sellers), and consumers. Since he so concisely explained the law in Little Lords and Ladies Spring Newsletter, I thought I would publish it here on Green Mamma. Below is text from Brian’s explanation:
I don’t think most people, LLaL customers or not, understand the impact of this law proposed by the Consumer Product Safety Commission and passed by Congress on Aug 14, 2008, in response to the widely publicized lead-laden toys imported from China last year.
Believe me when I say the issue is complex, so I’ll summarize in this article snippet. For those with more interest, read my next eNewsletter. I am by no means an expert (that’s why LLaL is a member of NARTS, the National Association of Resale and Thrift Stores to hold us accountable to do business at higher standards) so your best approach is to do research for yourself.
The Law 101
The intent of the law, going into effect on 2/10/09, was to require toy manufacturers going forward prove their toys met stringent lead-level content requirements before entering the consumer stream. The problem is the law, called the CPSIA or Consumer Product Safety Improvement Act, is poorly worded and as such expands its scope waaaay beyond toys. We absolutely need a law to protect our kids from poor manufacturing processes, but it has to be structured in a manner that enables retailers to be responsible, not liable.
The Problem 101
The biggest issue is the law inadvertently covers all products used by or targeted for children 0-12 yrs. Think about this. In simple terms, if your child can put a mouth to it, it’s covered in the scope of the law as written. Toys. Clothes. Zippers. Books. Pacifiers. Cribs. Bikes. I’m not exaggerating here. The scope is vast.
The Problem 201
The Lead portion of the CPSIA law was interpreted to be retroactive. This means it’s illegal to sell any product, any where, to any one if it contains excessive lead levels. Sounds simple. Here’s the kicker. You are liable if you do sell said item, even if unaware. So unless you have proof the item is lead-free (either by a manufacturer’s accredition or your own test results) you can be sued by anyone who purchases a lead-laden item after 2/10/09.
The Impact to You 101
You gotta turn on your brain here and think about what I just said… Have you ever had a yard sale? Do you certify the stuff in your closet meets lead standards? Does your school library have books? Can they attest the paints/materials/inks are lead free?
Did you want to sell your stuff to a Resale store after Feb 10th?
This is not a Resale industry-only issue. It’s expansive impact covers all retailing in all its forms:
For more information on impact, check out this article from the Wall Street Journal.
What You Can Do 101
Wow. And this article is the summary of the issue… I think I’m going to write a second January eNewsletter to cover the 301 of the issues, lest this edition become an eNovel :-) Here are some points I will educate y’all on in the next eNewsletter:
Back to me, Jessica, that is. Thank you to Brian and Little Lords and Ladies for clearing up all the confusion about the Consumer Product Safety Improvement Act (CPSIA). Again, if you feel compelled to take action so that the CPSIA addresses the problems it was intended to–without harming small businesses and second hand sellers and buyers–here is what you can do:
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Your blog is very interresting for me, i will come back here..
Add dirtbikes, ATV’s and parts for any bike rated for use of a kid 12 or younger. My 12 yr.old has raced for 7 years, we have 3 85′s, a 110 and cannot buy parts or sell any of them. In the 8 years we’ve been doing this, I’ve never seen a child place engine parts in his mouth. This new law puts us either stuck w/more than $20,000.00 of useless or moving my child up to a bike that he cannot safely ride.
A little common sense goes a long way!!
Anybody drive with their child in the car, or put them on a school bus? Is that vehicle certified lead free? Bet it has an engine under the hood, so how far do we go with this?
This effects everyone. I think we all have our children’s safety as a priority, but the exclusions congress have mentioned, have no timeframe in mind for. It could well be never!!
I urge all of us to contact the congressmen and women in your state, as well as those that have online stated they will work to get these provisions presented, follow the links to sign online petitions as well as your own letters.
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