CPSIA – Congressional Terror Campaign Continues (FMLA)

773 days have passed since ANY Democrat in Congress did ANYTHING to help us on the CPSIA. There are only 37 days left until Election Day.

Don’t worry, your Congressional tormentors haven’t tabled their latest effort to terrorize you, the Foreign Manufacturers Legal Accountability Act. We understand that the Congressional Democrats are still trying to make a “deal” on this terrible law. It’s not going away even if you have put it out of your mind.

It doesn’t matter that that this law violates WTO rules. it doesn’t matter that it is flagrantly protectionist legislation that may trigger a trade war. It doesn’t matter that it pissed off the EU, as previously reported in this space. It doesn’t matter that we will lose critical vendors. It doesn’t matter that we will face retaliatory legislation in other districts, effectively cutting off foreign markets for our export efforts.

All that matters is that Rep. Betty Sutton needs to look heroic to her constituents – the bill is a gift to her. She is fighting for her political life in this Midterm election and your petty concerns pale compared to the needs of the Congressional Democratic majority position. And you thought the politicians worked for you. It may be the other way ’round.

The latest sign of the cost of this self-destructive act is the inflamed outrage of our closed trading partner, Canada. For some reason, Canadians aren’t too psyched up about being subject to class action lawsuits in this country. Weird, you’d think they would LOVE it. . . .

” . . . Canadian Trade Minister Peter Van Loan says the ‘badly crafted’ bill could end up side-swiping Canadian exporters, even though U.S. officials insist Canada isn’t the intended target. ‘There are enough thinking people that realize that this is a badly crafted bill that causes harm to a whole bunch of people,’ Van Loan said Thursday.”

No sense of humor up north, eh? How can those Canadians act so superior, criticizing the handiwork of our very own Democrat-dominated Congress? Badly crafted legislation? Please! Never heard of such a thing.

“Van Loan says the Canadian government is holding out hope the bill won’t reach a vote before Congress adjourns in the coming weeks. ‘If it gets voted on, the charged political environment means it will almost certainly pass, because you can’t be seen voting to protect people dumping toxic drywall from China and stuff like that in your country,’ said the minister. The [Canadian] government is keeping ‘all options’ open if the bill passes, but would likely seek a waiver similar to the Buy American exemption, he said.” [Emphasis added]

Congress giving a gift to itself with self-destructive legislation, and a major trading partner implicitly threatening retaliatory legislation. Wow, we have a great government, don’t we?

Is anyone besides me TIRED of being the object of continuing terrorist attacks by our OWN government?

When can I start to vote? Someone please help me . . . .

Read more here:
CPSIA – Congressional Terror Campaign Continues (FMLA)

CPSIA – Foreign Mfr Legal Acccountability Act Passes

Congress was listening. Your House Energy and Commerce Committee passed by voice vote today the Foreign Manufacturer Legal Liability Act of 2010 by voice vote. Now it proceeds to full committee or possibly to Ways and Means or possibly to the floor for a vote. I don’t have the bill language yet.

Golly, I really appreciate all the hard work to protect me against . . . I’m not sure what. Protecting me against being able to earn a living?

Thanks, House Leaders!

Read more here:
CPSIA – Foreign Mfr Legal Acccountability Act Passes

CPSIA – Waxman Amendment Mark-Up CANCELLED for Today

In the wake of a private meeting between Henry Waxman and Joe Barton this morning, today’s mark-up of the Waxman Amendment 2.0 (Consumer Product Safety “Enhancement” Act of 2010) has been CANCELLED. It had already been pushed back to 2 PM EST for a supposed “scheduling conflict”. The content of the Waxman-Barton meeting is not known, however Mr. Waxman has been adamant that he would not proceed with this bill if there was ANY opposition. At a mark-up, the opposition has the right to introduce amendments. This is what Mr. Waxman intended to avoid. Perhaps that was not longer in his control, which may have led to the cancelled mark-up session.

What are the next steps? It’s not certain at this point. There is an agreement in place between the Dems (Waxman) and Republicans (Barton) that ALL bills will pass through mark-up and subcommittee prior to committee consideration. IF this agreement is still being observed (no exceptions), then this bill only moves forward AFTER a mark-up. If there will be no mark-up session that features amendments, then this bill may be on life support in its present form. That suggestion is based on too many assumptions to set out here, but that may be the reality.

Another possibility is that this meeting featured a much stronger push for a hearing. Believe it or not, our pain and suffering has been noted. In addition, the evidence of insanity set in motion by the noxious CPSIA is mounting. Rumors swirl that a real legislative hearing may come next. Don’t hold your breath . . . but it’s possible. Real companies telling about their real issues.

The legislation, which I strongly oppose, has garnered the support of several key corporate players, like the ATV industry, the bike folks, the mass market retailers (no need to shed a tear for them anymore, I guess) and even little HTA. Some of them have practically gushed over these meager gains, perhaps haunted by the threat (implied or otherwise) that to spurn this attempt is to get nothing. No one wants to cut their nose off despite their face. This is how we compromise ourselves to hell, frankly. I remain opposed to a defective and unworkable legislative scheme that reduces our regulators to paper pushers, our financial statements to shreds and elevates our tort lawyers and safety testers to unknown new heights – all without making a MATERIAL positive impact on children’s safety.

Please spare me the retort about falling recall rates. That really isn’t the right metric. After all, we could all go out of business and recalls would fall to zero. A squeeze induced by sabre-rattling regulators wielding big penalties can cause a lot of “reform” at huge expense – but produce no results.

The right metric is injuries and deaths. Has the handiwork of Mr. Waxman and Ms. Tenenbaum led to statistically significant lower injuries and deaths? Well, my statistical analysis of lead-in paint recalls in a 25-month period from January 2007 – January 2009 showed 125 recalls (an all-time high) . . . and one injury, no deaths. That’s what we are trying to improve upon. And if anything has actually changed since then, what did it cost? Do our markets function anymore? Under the CPSIA, there are already about 2500 pages of rules for companies like ours to master, implement and obey. Wait until I summarize the so-called “15 Month Rule” for you – the children’s market is on a death march to oblivion.

Until the CPSIA is restored to sanity, we are facing a terrible end. Everything about safety in children’s products has been fouled by the CPSIA and the pending amendment, the new “enhancement” cooked up by the Dems, is completely off the mark. We can only hope that members of Congress with the courage of their convictions and a dash of common sense will continue to push for rationality in our safety laws and regulations. That’s our only hope.

Read more here:
CPSIA – Waxman Amendment Mark-Up CANCELLED for Today

CPSIA – Congressional Eager Beavers Push Anti-Cadmium Law

Congress’ Junior Scientists Club (Senators Klobuchar, Schumer and Nelson) sprung into action Tuesday to solicit co-sponsors for CPSIA knock-off legislation to ban cadmium and various other materials in jewelry. The delicious irony here is their choice of day to launch this effort, namely the day that Massachusetts elected a Republican to replace Ted Kennedy in the Senate, an election result widely interpreted as a firm rejection of this Administration’s government intervention, you know, like this bill.

Let’s not forget that in 1972 the Federal Government created a little known agency to handle “threats” like this, namely the Consumer Product Safety Commission. Congress gave the CPSC the authority it needed to do its job. Oddly, today our Democratic-dominated government seems to think that only it can solve safety problems and further must LEAP into action to save us. I question this. Perhaps the CPSC even questions this.

Even more remarkable is the Dems persistence in pursuing a CPSIA strategy to “stop this cold”. Have these Senators learned nothing from the last 18 months of CPSIA chaos and pain, preferring instead to continue legislating without research, hearings or contemplation? Well, the approach “worked” once before and they did read an AP story about it. . . .

Someday these Senators will be up for reelection. Mark your calendars!

Here’s their letter for your reading pleasure:

Sent: Tuesday, January 19, 2010 12:16 PM
Subject: Cosponsor the Safe Kids’ Jewelry Act – keep cadmium out of children’s jewelry

Senators Schumer, Nelson and Klobuchar are seeking cosponsors of the Safe Kids’ Jewelry Act. A copy of the draft bill is attached. Please let Stacy Ettinger in Senator Schumer’s office know, this week, if your boss would like to cosponsor the bill or if you have any questions about the bill.
Also, appended below, please find the January 10, 2010, by Justin Pritchard on the Associated Press’s investigation into use of cadmium in children’s jewelry and the adverse health effects of cadmium exposure (http://www.msnbc.msn.com/id/34793600/ns/health-kids_and_parenting/print/1/displaymode/1098/ ).

SUPPORT THE SAFE KIDS’ JEWELRY ACT
Protect Children from Exposure to Cadmium and Other Toxic Heavy Metals in Children’s Jewelry

Dear Colleague,

We write to request that you consider cosponsoring the Safe Kids’ Jewelry Act. We believe that this bill is vital to protect children from exposure to cadmium and other toxic heavy metals in children’s jewelry. The legislation would prohibit the manufacture and sale of children’s jewelry – including charms, bracelets, pendants, necklaces, earrings, or rings – containing cadmium, barium or antimony.

Cadmium is a soft, silver-white metal that typically is used to manufacture pigments and batteries and in the metal-plating and plastics industries. Cadmium is a known carcinogen and studies show that direct exposure has adverse developmental and reproductive effects and can lead to kidney disease, among other health problems. Infants and young children are particularly vulnerable to the dangerous effects of cadmium and other toxic heavy metals. Children’s growing bodies absorb these metals at much higher rates than adults and long-term cumulative exposure increases toxicity.

This legislation is needed because test findings show a growing presence of cadmium in children’s jewelry as foreign manufacturers switch from lead – now banned in children’s products – to cheap substitute metals. In lab testing for a recent Associated Press investigation, chemists found significant use of cadmium in a variety of charms, bracelets and pendants sold at several popular retail stores.

In addition to banning children’s jewelry made with cadmium, barium or antimony, the legislation provides for enforcement of the ban, as well as further study on whether other heavy metals should be banned for use in children’s jewelry or other children’s products. Specifically, the bill —

· Protects children. Children are most vulnerable to the health risks from cadmium and other heavy metals. The bill bans the manufacture and sale of children’s jewelry containing cadmium, barium or antimony marketed for children ages 12 and under. Products covered by the ban include charms, bracelets, pendants, necklaces, earrings and rings. The ban would take effect 90 days from enactment of the legislation.

· Gives the CPSC flexibility to designate the most effective testing and certification requirements. The bill gives the Commission authority and flexibility to set stringent, effective testing and certification requirements for manufacturers to ensure the safety of children’s jewelry.

· Sets criminal and civil penalties for violations. Children’s jewelry containing cadmium, barium or antimony would be considered a “banned hazardous substance” under the Federal Hazardous Substances Act (“FHSA”). The bill mandates application of criminal and/or civil penalties under the FHSA for any violations of the Safe Kids’ Jewelry Act. The bill requires the Commission to report annually to Congress on its actions to enforce the Safe Kids’ Jewelry Act, as well as whether the Commission imposed any criminal or civil penalties for violations of the Act.

· Does not preempt State or local law. A significant number of States and localities across the country are now considering enacting laws to ban sales of children’s jewelry containing cadmium and other heavy metals. The bill makes clear that the Safe Kids’ Jewelry Act would not preempt State or local laws relating to regulation of products containing cadmium, barium or antimony. The bill also clarifies that the Safe Kids’ Jewelry Act would not affect any enforcement action or liability of any person under State law.

· Requires CPSC to report to Congress regarding heavy metals which should be banned from children’s products. The bill requires the Commission to study and report to Congress within one year on whether other heavy metals should be banned from use in children’s jewelry or other children’s products.

We hope you will join us in supporting this bill. If you have any questions about the bill or would like to cosponsor the bill, please contact Stacy Ettinger in Senator Schumer’s office (4-7945 or stacy_ettinger@jec.senate.gov); Clint Odom in Senator Nelson’s office (clint_odom@billnelson.senate.gov); or Jonathan Becker in Senator Klobuchar’s office (jonathan_becker@klobuchar.senate.gov).

Sincerely,

/S/
Charles E. Schumer
Bill Nelson
Amy Klobuchar

Read more here:
CPSIA – Congressional Eager Beavers Push Anti-Cadmium Law

CPSC – Rep. Michael Burgess Bashes the CPSIA

Rep. Michael Burgess (R-TX26), a practicing physcian for nearly three decades, wrote a three-page letter to Reps. Henry Waxman and Bobby Rush. [Dr. Burgess was also a speaker at our April 1 Rally .] The letter certainly makes interesting reading. Here’s a couple snippets. Please remember that Rep. Burgess is a medical doctor, presumably able to assess the scientific need for the strong restrictions in the law. 1. “I voted for this bill. At the time, I was compelled by the arguments we should work diligently to bring the Consumer Product Safety Commission into the 21st Century. . . . Sadly, this intent has ushered in a virtual avalanche of unintended consequences. . . . During a time of recession and staggering job loss, [businesses large and small] are suffering while the CPSC is moving at a staggering snail’s pace to implement the 42 required actions under this law. This has caused me to regret my vote for the nebulous language of this bill. In our zeal to protect children from lead in children’s toy products, we have endangered an entire industry. ” [Emphasis added] 2. “Furthermore, Ms. Nord stated numerous times that her hands were tied at the CPSC due to the language of the CPSIA. This complaint is one that, regardless of whether it is true or not, needs to be addressed. The CPSC should not have to spend all their time fielding exclusion requests from the application of the CPSIA. The CPSC should be implementing, enforcing and punishing for lead in toy products. Not for clothes, not for shoes, not for books, not for wooden jewelry and not for all-terrain vehicles.” 3. “[At last week's hearing, we] should have had third party testers who could explain to us . . . how they are going to test this multi-billion dollars industry every minute, of every hour, of every day, of every year until Congress addresses this issue. We cannot say we are addressing the problems as a result of our own actions with having a hearing with one panelist.” [Emphasis added] Thank you, Rep. Burgess. You speak the truth. I note you copied the White House on your letter. I hope someone is listening. . . .

The rest is here:
CPSC – Rep. Michael Burgess Bashes the CPSIA

Barton & Others Propose H.R. 1815 – Possible Relief

The submission of the bill HR 1815 by Rep Barton and a handful of other Representatives is meant to clarify the applicability of certain provisions of the CPSIA (and for other purposes).

We recommend that you read this bill and then contact your your representatives to ask that they co-sponsor or vote in favor of this bill.

OHV Lead Ban Reversal Legislation

Here is the introduction to an article from MotorcycleUSA.com about the news bills that would help the industry continue to sell their bikes:

The Motorcycle Industry Council (MIC), along with the Specialty Vehicle Institute of America (SVIA), have announced their support for two new bills – S. 608 and H.R. 1587 – that would overturn the ban that resulted from the Consumer Product Safety Improvement Act (CPSIA) of 2008, aka the Lead Ban, which brought the sales of off-highway motorcycles and ATVs designed for kids 12 and under to an abrupt halt on February 10, 2009.

Read the article in its entirety here.