CPSC Clarifies Requirements of New Children’s Product Safety Laws

KY3 ^ | Jan. 8, 2009 | CPSC

[Question Liberal Authority]

Most of my food is labeled with country of origin as well. At least, the produce is. Do you mean canned goods and such?

[bronxboy]

Food is not labeled especially in Walmart. I have had to ask a number of times where stuff is made...many times they can’t tell me so I don’t buy. I like to go to my local grocer to avoid this. There is a trend not label food because Americans will not buy it in some cases. I’ve seen this in Publix, Giant Eagle, Kroger and of course Walmart.

[bronxboy]

Many times they will say ‘distributed’ code for made somewhere you might not want to buy stuff from...Try figuring out if your toothpaste is manufactured in China for example.

[ozark hilljilly]

I’m taking that to mean any ‘new’ item manufactured from that date on.

But then again, what do I know? I’m just a hick.

We’re speeding head on into that wonderful world of “unintended consequences” that the libs are so good at creating.

[bronxboy]

Also, the label on some canned goods does say distributed by as well. I want to know where it is made...Hershey for example is manufacturing in Mexico.

[bcsco]

if you sold a dangerous product knowingly, you are liable.

Absolutely. But what bothers me is the big brother aspect of this.

[Question Liberal Authority]

That’s the problem. It’s still clear as mud. The intent seems to be that they don’t want someone stockpiling a big pile of phthalate-laced items now and unloading them on the market after the new standard goes into effect. However, the law, as written, could mean that a person selling a vintage toy would go to prison.

This press release comes as a welcome relief, but it’s basically just a memo that says “we don’t intend to prosecute you for violating this law in this particular manner”.

For example, in 2008, if this law had been in effect and Cindy McCain was part of a charity which distributed thousands of tons of used clothes to needy children, and a single sock contained 0.10001 percent of of diisononyl phthalate, then it would have been front page news for six months.

If Barack Obama personally manufactured barrels of the stuff in his basement and poured it directly into the food at a school cafeteria, it would have been no big deal.

[bronxboy]

I agree as always, this legislation is poorly constructed. We don’t need more laws...if China had been forced to comply to safety standards by FDA or whoever is in charge, this would not have happened. I don’t like big brother either. Thus I want colb-let the consumer decide.

[grellis]

yet another update

[DvdMom]

ping

[DvdMom]

This is the link to ask a question about the new law:

http://www.cpsc.gov/cgibin/newleg.aspx

HERE ARE JUST A FEW OF THE MANY LINKS ON THE WWW ABOUT THIS SUBJECT:

Consumer Product Safety Commission’s CPSIA official website and FAQ’s
http://www.cpsc.gov/about/cpsia/faq/faq.html#preemption

VERY IMPORTANT FOR ANY MANUFACTURERS:
http://www.fashion-incubator.com/archive/cpsia-and-small-manufacturers/

A GENERAL SYNOPSIS OF CPSIA
http://www.rsjtechnical.com/WhatisCPSIA.htm

If you make by hand or manufacture clothing of any kind, read here:
http://www.fashion-incubator.com/archive/cpsia-requirements/

About the different types of required testing
http://ws.strlab.com/news/alert/?op=n&n=0000000032

CPSIA-Online: a place to discuss CPSIA
http://cpsia-central.ning.com

If you sell anything made from fabric, be sure to see this link: Petitions etc —> NAM Petition ... to download and interesting Petition submmitted by the Consumer Product Safety Commission Coalition of the National
Association of Manufacturers on Dec. 18 the CPSA

Of you make One-Of-A-Kind items, read this:
http://www.wspa.com/spa/news/local/article/small_toymakers_face_extra_expense_with_lead_testing/12561

Anyone who has stock “on the shelves” which need to be tested, read these links:
http://www.thesmartmama.com

If you sell books, read this:
http://issues-in-publishing.blogspot.com/2008/11/cpsia-sneaking-up-on-us.html

Link to how items have to be tested - an explanation of Unit vs. Component Testing
http://www.fashion-incubator.com/archive/cpsia-unit-vs-component-testing/

MORE ABOUT THE PHTHALATE BAN
http://www.zrecommends.com/detail/a-detailed-analysis-of-the-cpsia

http://thedomesticdiva.wordpress.com/2008/12/21/cpsia-what-childrens-clothing-designers-and-manufacturers-need-to-know/

CPSIA & CPSC: Activism and what you can do
http://www.fashion-incubator.com/archive/cpsia-cpsc-activism-and-what-you-can-do/

Good News! CPSIA request for comments
http://www.fashion-incubator.com/archive/good-news-cpsia-request-for-comments/

[Red Badger]

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. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties

This is asinine...........

[savedbygrace]

See #27.

[elk]

Thanks, George Bush, for signing another law that is "for the children" and which criminializes regular folks for being thrifty, running small cottage industries, or seeking to exist on one income.

So, you can't sell a chicken to a neighbor without a $50,000 licensed processing plant in your yard, and you can't sell a home-made cloth diaper without thousands of dollars of testing, is that it?

The America our Founders sought - MIA.

[DvdMom]

I Agree !

Glen Beck was also talking about the new law yesterday on his radio show ...

[Bookbuck]

“this legislation is poorly constructed. We don’t need more laws...if China had been forced to comply to safety standards by FDA or whoever is in charge, this would not have happened. I don’t like big brother either. Thus I want colb-let the consumer decide.”

I agree. Why are American businesses and people bearing the personal and financially brunt of government ineptitude? And how is more government ineptitude going to help? I’m waiting for the next shoe—BO’s minions requiring us parents to bring in allegedly dangerous toys and clothes from home, regardless if they’re still being used or played with. It’s all for the children....

[Scotswife]

As far as I can tell the law requires sellers to have ESP or be subject to lawsuit or arrest.

[CharlesWayneCT]

However, resellers cannot sell children’s products that exceed the lead limit

That saves only those who have products that they know don't have lead, from having to prove what they already know.

It's no help to those who have products that MIGHT have lead -- they'll have to test just to protect themselves, or throw the stuff out.

I thought however that they could freely sell products made BEFORE the deadline, even if they had too much lead, which might make things a little better for them.

[DvdMom]

Bobby Rush D IL

was the guy who started the crazy bill :((((

[CharlesWayneCT]

No, I think you are right. The article said they couldn’t sell things over the limit.

What they are immune from is the part of the law that REQUIRES a test. See, if a retail store sells a product that is completely safe, they can still go to jail if they don’t have a piece of paper proving they tested the product.