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TracyQ
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Article about law outlawing hand me downs
And what do you think about it? We shop a LOT at Goodwill/Salvation Army. Why wouldn’t they be testing adult clothes too? I don’t get why they need to keep making laws like this. Do I not understand this issue, is their health truly compromised, or is it more of the same old same old of the government sticking their noses in our business just way too much??? And does this mean we won’t be able to make our own clothes??? Sarah’s about to make her own skirt. Will I need to throw it out after February 10th?
And does that mean we won't be able to give our clothes to ministries that need them like church ministries to help the poor, etc.??? This will really affect us financially, and I know so many others as well.
Tracy
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Blessings and Peace,
Tracy Q.
wife of Marty for 20 years, mom of 3 wonderful children (1 homeschool graduate, 1 12th grader, and a 9th grader),
 homeschooling in 15th year in Buffalo, NY
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CrunchyMom
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I had heard about this law as pertaining to small and hobbyist manufacturers, but I had not considered the second hand industry! I suppose, if the law is not modified prior to its being signed into legislation, it would mean that second hand stores could not sell anything not tested--so, unless they tested the used clothing or only sold things tested (so, mostly things made after the law date, right?) it would affect them!
Outrageous on many fronts!
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Lindsay
Five Boys(6/04) (6/06) (9/08)(3/11),(7/13), and 1 girl (5/16)
My Symphony
[URL=http://mysymphonygarden.blogspot.com/]Lost in the Cosmos[/UR
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LisaR
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so what about selling/buying children's clothing on ebay?
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Lisa
dh Tim '92
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CrunchyMom
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LisaR wrote:
| so what about selling/buying children's clothing on ebay? |
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According to one of the commenters who owns consignment shops, the wording of the bill as stands indicates that even GIVING away the clothes will be illegal (hand-me-downs)--so, yes, ebay is illegal, too, for items intended for children under the age of twelve unless tested.
Thanks so much for posting this Trent. We operate two consignment stores as well as operate a thrift store to benefit small, local nonprofits. We in the resale industry are VERY concious of safety and industry professionals have always checked CPSC recall lists and advisories before accepting products either on consignment or received thru donations. Many of us are parents ourselves. This law, as written, and interpreted by the CPSC makes it illegal for ANYONE to sell any item for children under the age of 12 unless it is tested. It applies retroactively to anything made prior to February 10th. FOR PARENTS: you can not legally, according to this law sell your used items, the gifts you just bought your kid’s for Christmas, at a yard or garage sale unless they are tested. You, legally, can’t sell them on eBay or Craigslist. Thrifts and nonprofits, legally, can’t sell them. You also, because of the wording can’t simply give them away either. For our business, because the ruling that this is retroactive for ALL products, INCLUDING BOOKS and stuff your kid’s schools buy (a box of paper clips used in a science experiment will need to be tested but the exact same box from Office Depot will not), didn’t come until mid-November we have all been blindsided by this. The original law didn’t make it clear and, it didn’t make sense to us that it would apply retroactively. Big mistake. We are also placed in the position of telling parents that that sorry, the gift your in-laws gave you for your child that you already have one of that they bought February 9th? We can’t sell it for you because overnight it is illegal. What is particularly horrible, is to be willing to comply with the law and be given no timely information and useful, understandable, black and white on paper guidance about exactly how to go about complying. If we DO pay to have someone test stuff(no guidance on who that could be before some August date) - is that sufficient to comply with the law? There was a hearing schedule before Congress in December many were hoping would allow us a voice to express our concerns across a broad range of affected industries - and it was cancelled. BTW the labels will not be required to be affixed until late fall of 2009 - what do we do about stuff that DOES comply, HAS been tested but bears no label? How are we to tell? I understand that if you don’t THINK you are directly affected by this you certainly have other things to worry about and do. But perhaps, if you find a little extra time you might click to National Bankruptcy Day or the Handmade Toy Alliance Site, and if you agree, with a couple of clicks you can send a letter to your local legislators. Our landfills are going to quickly become one big ‘ole mess! Thanks so much for reading about this issue.
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Lindsay
Five Boys(6/04) (6/06) (9/08)(3/11),(7/13), and 1 girl (5/16)
My Symphony
[URL=http://mysymphonygarden.blogspot.com/]Lost in the Cosmos[/UR
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JodieLyn
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But others have said that it won't pertain to it.
Basically, they don't even know how it's going to apply yet, or how they're going to enforce it.
If it's initially applied at the most stringent level, I personally don't think it will last long. I don't think anyone was really thinking about the small cottage, one person making things to sell, business's or the resale industry.. and I think it'll have much further reaching consequences than they have any idea of. And it's horribly redundant and will be raising the costs of things. The testing from what I understand destroys the item. And you have to test the final item, even if all the components were tested. And if anything at all changes.. each size of a shirt has to be tested even if all the same compenents are used for 2 different sizes. A new dye lot on your fabric.. retest all the final items. Different color? retest all the final items.
I'm thinking it may take them trying to implement it before anyone realizes just how far reaching it is. But I'm hopefull that someone will realize how bad it is and quickly modify it if that's the case.
The people I know doing cottage industry type of stuff, are trying to make up everything they have inventory for and sell as much as possible.. buying fabric in huge amounts instead of buying lots of different colors and patterns, they'll be buying one or two type of thing.. and reducing numbers of sizes as well.. doing more things like a s/m and l/xl and that's it so that they only test two items for each lot
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G-18, B-17, G-15, G-14, B-13, B-11, G-9, B-7, B-5, B-4
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TracyQ
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I just received this email newsletter from a homeschooling company, which illustrates how this will affect so many businesses and people. This wonderful company will have to close.  I also received a link where you can write to your congress. The MORE people who speak out, and write, the more people you let know this is happening, the better. It’s the ONLY way they’ll do something about this!
Link to contact congress on this issue
~~~~~~~~~~~~~~~~~~
> Subject: News from Hope Chest Legacy
January 2008
It is with a very heavy heart that I write the following:
There may be several of you who have heard of the new law taking affect on
February 10, 2009. This law was created due to the many problems Chinese
made toys and children's items created in 2007 - they call that year the
Year of the Recall."
This law may have been intentioned to protect American children from lead
and high PCB levels, but what it will actually do is cause havoc in
American homes and in our economy. It is a VERY badly written law, vague
and open ended in many ways. Although written with China made products in
mind, it is open for ANY item sold in the USA regardless of where the item
was manufacturered.
This law requires that ANY item that comes in contact with a child who is
12 years old and under, to be tested at a government approved testing
facility and have a 'certification' placed on the item. Sounds simple
enough, but the fallout is much more intense.
The cost of having a single wood block tested is $150. To have a wooden
baby's teething rattle tested would be $4000. Even books, DVDs, clothing,
handmade toys or blankets, children's clothing, the bags items are packed
in and sold in, etc come under this new law. ANYTHING that comes into
contact with a child under 12 years of age is required to be tested and
certified.
I personally believe there is a hidden agenda in place, but pinning that
down is impossible.
For Hope Chest Legacy, EVERY single book title, every type of sewing kit,
child's toy, etc would need to be tested at $4000 or more per test, per
item Any time anything is altered or a new brand used (like exchanging DMC
embroidery floss for Coats & Clark floss), etc in an item that has already
been approved, it needs to be retested, recertified and I need to pay for
it all over again.
Several have mentioned simply increasing the age level for our items, but
that has multiple areas to get snagged in. First, it is fairly simple by
reading our books that they are written for young children (Grandmother's
Hope Chest series especially) and the kits would be as well. The other
books could easily be used with, or handled by, children under 12 if they
were purchased for home use. So legally, I would still need to be
certified. But also, I could not morally lie and change all the age levels
to 13 and up because I KNOW what age I wrote these for, and so does the
Lord. I can't hide from Him, even if I can outsmart the government. So
changing the age level won't work.
There have been no amendments presented to change this new law. Businesses
all over the USA will close because of this new law. Selling used
curriculum children's books, children's clothing items, strollers, car
seats, children's toys, etc will need to cease in the USA. Ebay,
AbeBooks.com, thrift stores, boutiques, families who make items to resell
from home, all of these businesses and companies will no longer be able to
sell items unless the item has a certification. Goodwill was interviewed
about this new law and they said they are not worried, if they need to stop
selling infant and children's items they will - it only adds up to about
10% of their sales (in other words, they are not fighting against this law
either and will simply stop selling items that could get them in trouble.)
If someone is caught selling an item without the item being certified, it
is a 2 year prison sentance plus a $100,000 fine.
Many people have not heard about this new law yet. Those who have are
either worried, or sceptical that this will happen and how it will be
enforced. The truth is the law has already been passed in Congress last
August. It goes into effect Feb 10th. It is already a law...
Because big business is able to afford the testing, they are not worried.
Also, they will bring in more sales when smaller companies are no longer in
business, so this is actually good news to them. Less competition, more
income for them.
The homeschool community may come to a virtual standstill. ALL homeschool
based companies are considered small (many are family run - even the big
ones are not as 'big' as most in the business world), and will not be able
to afford the testing - and they will not be able to sell the items they
have in stock in order to reprint on certified paper. Families will not be
able to buy or sell used curriculum because it has not been certified. I
have no doubt the homeschool community will find a way around all this,
including more downloadable items or 'teachers manuals' with reproducible
workbook pages, etc.
One of the problems that is already being seen, is that in order to be
certified' the cost of the items being sold will be increased dramatically.
The leading German company that produces wooden toys and sells a large
number in the USA has already closed down all sales here as of Dec 31, 08.
They said they would need to increase their prices by 50% (!!!) in order to
continue selling their items with certificates in place, and that would
cause the product price to be so high it would be out of the market range
and customers would not purchase the toys.
The same holds true for companies here in the USA. The cost of books
printed on certified paper will increase - which means higher costs for
customers in an already stretched economy. Even if Hope Chest Legacy could
afford to print on certified paper (which at this point we can't), we could
not afford to have each of our kits tested and certified - and retested and
certified if we had to switch brands or exchange items in the kits for
something similar.
We are, as MANY others are in the USA right now, praying and hoping an
amendment can be added to this new law that would allow items made in the
USA to be free from testing. So far, the only amendment we have heard of
has fizzled out and there are no others forthcoming.
What does this mean? It means that Hope Chest Legacy will be closing -
simply putting this in writing is extremely difficult for me and a very
emotional situation to be facing (as well as financial for my family). We
will remain open until January 31 before making the final decision to close
- but at this point, we will not have a choice.
If you have ever wanted to purchase any of our items, NOW is the time. Once
this law goes into affect, our books will never be able to be sold new or
used either online or in your local areas. The Consignment Items we offer
will also be stopped.
We are hoping and praying something happens and soon, but so far all is
very quiet. I am praying about whether to continue with Hope Chest Legacy
solely with online downloads (I would love feedback from our customers on
whether this would be something you would support). I won't have a decision
any time soon. Our website will continue to be an online presence but I am
not sure what we can offer other than downloadable products.
I do not walk in a spirit of fear, nor in a spirit of panic or hysteria - I
am calm, practical and level-headed. But I have researched this new law, I
have joined in discussions, I have called my state representatives, I have
called the Consumer Product Safety agency, and I will continue to monitor
all this very carefully...and make that final decision on January 31.
I will update with any additional information I find. But for now, Hope
Chest Legacy will close January 31 if nothing changes, although we may
possibly continue with downloadable items after that date. We will see as
the time draws nigh.
This is not just about our company either - it is about ANY company or
business in the USA that sells items geared for children 12 and under - or
whose items may have contact with children 12 and under. MANY families will
be affected by this law, both in not having income by making and selling
products from home - or from the higher cost of purchasing items that have
been forced to be 'certified'. So this also affects YOU too. YOU will be
paying much more for items you purchase for your children and home.
Let us join together in prayer that God could bring people into positions
to create changes or alter this new law!!!
Rebekah
__________________
Blessings and Peace,
Tracy Q.
wife of Marty for 20 years, mom of 3 wonderful children (1 homeschool graduate, 1 12th grader, and a 9th grader),
homeschooling in 15th year in Buffalo, NY
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Red Cardigan
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Wow! Thanks for the heads-up.
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LisaR
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I just called around here locally, and it seems everyone is on a buying freeze of sorts as far as consignment shops. Two places said to call back monday, that they would have an official statement of some sort then.
I've found some great deals at goodwill/salvation army, and resale shops.
this really stinks.
how would they enforce it at all though?
__________________
Lisa
dh Tim '92
Joseph 17
Paul 14
Thomas 11
Dominic 8
Maria Gianna 5
Isaac Vincent 9/21/10! and...
many little saints in heaven!
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SaraP
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What about libraries? Will they have to either replace or test all of their children's books? Or will they just stop lending children's books?
This seems like complete insanity to me.
ETA I called our local branch and they had no idea even what the CPSIA was so either libraries are exempt or no one has yet considered that it might apply there also.
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Lisbet
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OH. MY. My poor children will be nekkid...
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Lisa, wife to Tony,
Mama to:
Nick, 17
Abby, 15
Gabe, 13
Isaac, 11
Mary, 10
Sam, 9
Henry, 7
Molly, 6
Mark, 5
Greta, 3
Cecilia born 10.29.10
Josephine born 6.11.12
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sewcrazy
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Oh my goodness!
I have had my head in the sand evidently. I make and sell, many different items through various venues. I will not be able to continue if this law is implemented as its read.
I am going to start researching this heavily, and call my congressman's office.
Oh my!
LeeAnn
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LeeAnn
Wife of David, mom to Ben, Dennis, Alex, Laura, Philip and our little souls in heaven we have yet to meet
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Red Cardigan
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I sent the link to Dallas Morning News writer and blogger Rod Dreher; he posted the story here on his "Crunchy Cons" blog:
The coming ban on thrift store clothes
I know he's got a pretty big readership, so perhaps this will help raise some more awareness in the short time we have before the ban takes effect.
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mellyrose
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From Baby Cheapskate:
"The U.S. Consumer Product Safety Commission has been flooded with calls and e-mails from people concerned about how the new law will affect these small businesses" says a recent article at Colorado's 9News.com. Likewise, a new Smart Mama article, Is relief in reach for small business owners under the CPSIA? suggests that all that letter-writing and calling is causing the Consumer Product Safety Comission to think about the effect that the CPSIA will have on small businesses. Keep writing and calling! You're making a difference!"
__________________
Melanie in AZ
Colin (11/00), Nate (05/02), Lydia (04/07)
My Little Patch of Sunshine
Pictures of our Life
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mellyrose
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Another place to visit for more info and places to contact:
Cool Mom Picks Save Handmade!
I've also blogged about it, and encourage other bloggers to do the same. This is a ridiculous law, with far-reaching effects. And, while enforcement may be difficult, the fact remains that this is a law (already signed by Congress) that is about to go into effect. I can't encourage breaking a law, even if I do think it is ridiculous.
It also highlights how completely out of touch these people are that they never thought about the 2nd hand industry, or the number of people creating hand made goods for sale. Please contact the CSPIA and encourage changes to this regulation!
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Melanie in AZ
Colin (11/00), Nate (05/02), Lydia (04/07)
My Little Patch of Sunshine
Pictures of our Life
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Maddie
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This is my game plan:
1. I am making a list of all the thrift stores and used book stores I frequent. I am calling them to make them aware of the law. The St. Vincent de Paul's I spoke to was horrified and completely taken by surprise.
2. We will be writing letters to the editor of ALL local papers.
3. Emailing everyone on my list.
4. I plan to talk with our priest to see if he would consider an announcement in the bulletin. We live in a VERY depressed state, this would be unbelievably crushing to so many people.
Thanks for the heads up, Tracy. The impact on my family will be huge if this goes into effect.
Does anyone have any other ideas to get the word out? No one I have spoken to today is aware of this law!
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~Maddie~
Wife to my dh and Momma of 9 dear ones
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12stars
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I am so sick to my stomach about this  , how can the do this!!?
__________________
Claudia in Southern California
Wife to George,
Mom to DD 14, DD 10, DD 7, DS 4, DS 2, 1 in heaven, and now due 5/11.
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juststartn
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Its all in the name of "We know what's good for you"--that being said, I am not against protecting our children from lead brought in on toys from overseas. However, knowing that lead has preeeetttty much been eliminated in the vast majority of American made toys....not to mention retroactive...
No. This is going to be bad bad bad. I wonder how much of an economic impact this is going to have, as small businesses close down, all over the WORLD from this--or at least, have to seriously cut back their business...
Think of all of the homeschooler manufacturers! We won't even be able to resell or give away our books!
If I was a conspiracy theorist, I could spin this a thousand different ways...however I honestly think it is just one of those "if a little regulation is good, a lot must be better" sorts of things. Someone, somewhere got overzealous and didn't think out the long-term, big picture ramifications...
Rachel
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Married DH 4/1/95
Lily 3/11/00
Helena(Layna) 5/23/02
Sophia 4/19/04
John 5/7/07
David 5/7/07
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BlessedBGod
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Hi Moms,
This was written about on the foster parent board. It is about libraries so I thought you might like to read it. -BlessedBGod JMJ
I've read this in a few different sources. It's scary if it's true.
The Sale of Children's Books to be Banned
Oh, how I wish this were a joke! But it is a grim and looming,
almost Orwellian, reality.
Effective February 10th, in the United States, the sale of
all children's books (books intended for children ages 12 and
under) is to be PROHIBITED. Every single book printed prior
to the ruling is affected, whether new or used. New books in
production are required to include a "lead-free" certification
and will be the only books that are legal to offer for sale.
What does this mean to the homeschooling family?
Well, for one, curriculum fairs across the country will be
cancelled as book vendors scramble to figure out how to comply
with the new ruling. Complete book inventories will have to be
destroyed -- the ruling even prohibits giving away the books!
Local thrift stores will be hard hit -- most will likely have to
close their doors -- yes, even Goodwill and Salvation Army.
Clothing, toys and books -- even CDs and DVDs are included in the
ruling. Thrift stores will no longer be able to accept or process
anything (including clothing) that would be intended for a child.
No more library sales. Libraries will not be permitted to give
away or sell book donations. It is unsure yet, however, how
the libraries' shelves themselves will be impacted (the ruling
doesn't explicitly mention "loaning" books, just selling or
giving them away). The key word, however, is "distribution" --
libraries may well be required to destroy books from their shelves.
(The ruling that originally passed was about toys, but the EPA has
since made a statement that clothing, books and media are included
in "children's toys".)
Just how serious is this new law?
Amazon.com has already notified all vendors of their need to comply.
No book can be sold at the Amazon site that was printed prior to
compliance. And the "compliance" must be coordinated at the manu-
facturing stage. At the time of this article there is no clause
to be able to grandfather-in older books or even rare out-of-print
books. It can cost between $500 and $1500 to test a book for lead.
I happen to own a children's bookstore specializing in living books
from the 1950s and '60s. My punishment for selling a book after
February 10th? Up to $100,000 and 5 years in jail. And yes, it is
a felony charge. For selling a SINGLE book.
(Although I don't think the S.W.A.T. team scenario would become a
reality overnight, at the same time I would be leery of blatantly
violating Federal law.)
So what can you do to help save your local used bookstore that
sells children's books? Or that homeschool curriculum business?
Or your EBay business selling children's items?
ACT NOW before the quickly approaching deadlines:
1) Email or call the CPSIA - the office of the CPSC ombudsman at
888-531-9070. http://www.cpsc.gov/cgibin/newleg.aspx
Comments on Component Parts Testing accepted through January 30,
2009. Or email: Sec102ComponentPartsTesting@cpsc.gov
2) Contact your local representatives. For their contact informa-
tion, just enter your zip code.
http://capwiz.com/americanapparel/dbq/officials/
3) Make your voice heard by voting on this issue! The top 3 in
each category will be presented to President-elect Obama.
http://change.org/ideas/view/save_handmade_toys_from_the_cps ia
4) Sign the petition. ***they ask for donation it is OPTIONAL
http://ipetitions.com/petition/economicimpactsofCPSIA/index. html
5) Spread the word! Forward this article. Send an email. Write
about this on your blog. Tell others about this issue and
encourage them to do the same.
---
For the complete story, read the following links:
http://www.cpsc.gov/about/cpsia/cpsia.html
Consumer Product Safety Commission Summaries on Legislation Index
page for Children's Products Containing Lead; Lead Paint Rule and
other rulings
http://www.cpsc.gov/about/cpsia/legislation.html#summaries
Office of the General Counsel FAQ on retroactive inventory require-
ments -- The use of forward effective dates appears to force current
inventories to adhere to the ruling on February 10th, 2009
http://www.cpsc.gov/about/cpsia/summaries/101brief.html
Specific FAQ on their interpretation of books and other media to be
included in the testing of lead based products
http://www.cpsc.gov/about/cpsia/faq/101faq.html
Effective Date: Lead content limit of 600 ppm becomes effective 180
days after enactment. An advisory opinion regarding the application
of the new lead limit to inventory existing at the effective date
can be found on our web site at
http://www.cpsc.gov/library/foia/advisory/317.pdf
Getting the Lead out: There is no lead in children's books
http://news.bookweb.org/news/5695.html
There is no lead in Children's books: From a Pedtrician
http://health.yahoo.com/experts/childhealth/3955/is-there-le ad-in-baby-books/
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SeaStar
Forum Moderator
Joined: Sept 16 2006
Online Status: Offline
Posts: 9068
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| Posted: Jan 08 2009 at 7:20pm | IP Logged
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My dh sent me this link tonight:
clarification of new law
The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.
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.
Evidently the CPSC just issued this clarification today... that the law will only apply to NEW items, so we can all go on happily buying used everything.
WHEW! I think- it does not seem like clothing or books for resale would fall into the high lead content category
__________________
Melinda, mom to ds ('02) and dd ('04)
SQUILT Music Appreciation
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12stars
Forum Pro
Joined: April 25 2008
Location: California
Online Status: Offline
Posts: 372
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| Posted: Jan 08 2009 at 7:53pm | IP Logged
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How do you think this will affect WAHM?
Do you think they will have to shut down?
__________________
Claudia in Southern California
Wife to George,
Mom to DD 14, DD 10, DD 7, DS 4, DS 2, 1 in heaven, and now due 5/11.
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4Real Forums : Tea and Conversation
Topic: Have you all heard this??
