CPSIA – CPSC Calls for Comments on 100 PPM Lead Limit

738 days have passed since ANY Democrat in Congress did ANYTHING to help us on the CPSIA. There are 73 days left until Election Day.


The CPSC recently called for comments on the CPSIA’s scheduled reduction in permitted lead limits to 100 ppm on August 14, 2011. This is one of the most disruptive provisions of a truly disruptive law and therefore this call for comments DESERVES YOUR ATTENTION.

Let’s review the situation – the CPSIA requires that the lead limit be lowered to 100 ppm if it is “technologically feasible” (Section 101(a)). This determination can be made product-by-product or even by product class. In other words, some of us might get a free pass because the CPSC decides it isn’t “technologically feasible” for them, but the rest of us might get screwed. Figure that the big guys with the money to put in comments prepared by highly-paid consultants have an advantage here. Big surprise . . . .

The definition of “technological feasibility” is found in Section 101(d) in the CPSIA.

“(d) TECHNOLOGICAL FEASIBILITY DEFINED.—For purposes of this section, a limit shall be deemed technologically feasible with regard to a product or product category if— (1) a product that complies with the limit is commercially available in the product category; (2) technology to comply with the limit is commercially available to manufacturers or is otherwise available within the common meaning of the term; (3) industrial strategies or devices have been developed that are capable or will be capable of achieving such a limit by the effective date of the limit and that companies, acting in good faith, are generally capable of adopting; or (4) alternative practices, best practices, or other operational changes would allow the manufacturer to comply with the limit.” [Emphasis added]

To help explain what “technological feasibility” means, I have coined this expression – “If Rolex can do it, you HAVE to do it.” Yes, that means that this term has been defined to focus solely on technological capability with an explicit and intentional omission of any economic considerations (how expensive it might be for you to lower your products to this level). A single example of a product produced within these extreme limits is apparently an insurmountable obstacle to an exemption under this provision. No matter that it is extremely expensive. The all-platinum ATV comes to mind.

The meaninglessness of this reduction from a health or safety standpoint is likewise legally irrelevant.

A quick scan of the Request for Comment shows that the CPSC intends to follow its earlier path of exempting materials that are ALWAYS under the 100 ppm limit. I have “criticized” the conclusions of the previous CPSC effort. Expect nothing less than the insights from the CPSC’s last try which authorizes the use of super-expensive materials and by-products of nuclear waste in children’s products. Anyone for an osmium-laced baby blanket?

You will also note that there is ZERO reference to economics in the Request for Comment. In other words, money factors are totally irrelevant. This might matter to you if you project that this requirement could lead to sudden and deadly losses in your business or otherwise hasten your departure from the children’s product market. Not that the Dems (who are driving this thing) or the CPSC give a darn about your little problems.

YOU NEED TO SEND IN COMMENTS ON THE 100 PPM LIMIT. Ideally, you will gather data and make a reasoned argument. PROTECT YOURSELF – this is an important request for comment. Comments are due on SEPTEMBER 27, 2010.

And one last note: despite your government’s current attitude, this remains YOUR country. Please consider how you feel about a law like this and its impact on your stakeholders (owners, employees, customers, suppliers, consumers, community). You don’t need to accept the fate Mr. Waxman and his merry band have in mind for you. There’s an Election Day coming. Don’t waste it.

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CPSIA – CPSC Calls for Comments on 100 PPM Lead Limit

CPSIA – Obama Doesn’t Get It . . . .

In response to the release of yet more terrible jobless claims numbers this AM, President Obama renewed his call to lower taxes on small business and to ease the small business credit crunch. The legislation, which promises to lower certain taxes on small business and to increase federal funding of loans to small businesses through various means, is “stuck” in Congress. Mr. Obama blamed the Republicans for “blocking” the bill: “‘There will be plenty of time between now and November to play politics,’ Obama said. ‘Let’s put aside the partisanship for a while and work together.’”

I think this is rich, personally. We run a small business and I know what it feels like to be a small business in the Obama-cized children’s product market. We are facing skyrocketing costs nicely matched with soft revenues and mounting taxes (funded by the company, too). Cost increases include $300K in new medical plan expenses to accommodate the terms of the Obamacare initiative, plus astronomical all-in costs for increased safety testing under the new CPSIA rules and related manias. The increased testing has yet to reveal any useful information of identify any health threat that constitutes a human safety risk – so all that money is wasted.

These costs have a common link – they are both a result of increasing regulation. I know, I know, Mr. Obama has lectured us that we really need all these new regulations. Well, I don’t agree, but in any event, we see these regulations as major impediments in our business. These high costs affect our cash flow and our business outlook – to the bad. Do the Democrats think we maintain our sunny disposition when we face a shaky market lacking confidence (soft revenues), higher costs (a lot higher) and mounting cash needs from higher taxes and other federal regulatory expenses? This is rather a recipe for managers who want to hide until the storm passes. Who will spend money on new investment now? While we are not cutting our product development efforts, we haven’t bought new equipment, fixtures or additional office/warehouse space in several years now. And we have no plans to do so. Welcome to the Dems’ economy. No wonder new jobless claims are over 500,000 in the last month.

In the case of the CPSIA, the Dems are only too happy to whack us with heavy regulations, all justified by imaginary benefits. The imaginary benefits of the new CPSIA regulations are as invisible as the imaginary problems they are designed to solve. The absence of data on effectiveness is matched by the absence of data suggesting that there was a problem in the first place – the “know nothing’s” jacked up your costs and destabilized your business to no purpose. Now Mr. Obama wants to fix it all with another handout. Throwing money at the problem is new style. And after that handout is parcelled out, the Dems will proceed to raise taxes on higher income individuals (read, small business owners, particularly S Corp owners) to attempt to staunch the hemorrhaging Federal deficit, and then express “shock” at the sluggish economy. No doubt the next step will have to be more handouts and perhaps Cap-and-Trade to raise more costs. What a great cycle. . . .

Is there another way? Well, as for small businesses in the children’s product market, I would note that the voluminous new CSPIA rules (two feet high and growing) impose massive costs on industry (to comply) AND on government (to enforce). I think of the stupid health official bent on enforcing his food handler’s license rule against the little girl in Portland operating a lemonade stand – many of the new CPSIA rules are pointless from a safety standpoint and cost big money to administer as well as to comply with. If the Dems seriously want to stimulate the economy and add jobs, here’s an efficient way to do it for NO out-of-pocket cost – DROP your boundless regulations and go back to something more modest and manageable. This also means that the Obamite idea that life is better with lots more government needs to be shelved. I submit the recent rules on testing frequency and “reasonable” testing programs as evidence that inviting bureaucrats to become involved in operating businesses brings nothing but trouble, inefficiency and devastation. There must be a better way.

Hey, I figured out some time ago that I am talking to myself here. The CPSC certainly doesn’t care or understand what I am talking about (or else they might have done something about it perhaps 300 blogposts ago). The Democrats in Congress likewise are deaf and disinterested. I cannot name a single Democrat, NOT ONE SINGLE DEMOCRAT, who will stand up in front of their peers and demand significant amendment or revocation of the CPSIA. The Dems are in lockstep agreement – no light shines in if your head is in the sand, after all.

You can’t work with people like this.

I urge you (URGE YOU) to select the CPSIA perpetrator of your choosing and WORK to knock them out of Congress in this election cycle. Remember – they are trying to put YOU out of business. You need to return the favor.

Return the favor . . . this is my theme song until polls close on November 2. Then the party begins.

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CPSIA – Obama Doesn’t Get It . . . .

CPSIA – Tea Party Comments

I received a provocative comment on my recent blogpost on the Tea Party and quote from it here:

“I’ve come on here less and less because the blog is starting to seem less a good source of information and more like a long, angry political rant. If that’s what you want, more power to you. You’ve certainly earned the right to rant. You have the freedom to write what you want and I have the freedom not to read it. If you’re posting this because you care, well yes, I do think you’re alienating quite a few people, myself included.”

This is a fair comment and probably accurate. The blog is angrier and more focused on elections and politics that before. Frankly, I have known for some time that I increasingly lapse into a rant. Why is that?

Here’s the problem – I can’t provide much information to you anymore because there’s nothing much to report. There is a steady drumbeat of ordinary or trivial details from the agency to pass along but the excesses of this CPSC administration have gone on so long that they now bore most people. On a more macro level, the news spigot shut off because (a) the Dems in Congress stopped listening a long time ago and are doing NOTHING to fix this mess, and (b) the CPSC has demonstrated that they are going on their merry regulatory way no matter what we say or think. Time and partisan appointments are giving Mr. Waxman his tacit victory.

So we are stymied. And what tools do I have left at my disposal? Consider what I have already tried: I have employed representation in Washington for now almost two years. The cost of this exercise comes out of my personal pocket. No need to feel sorry for me, but that’s a fact. I have also testified before Congress, I have testified before the CPSC (several times, at their request), I have written numerous comment letters (none of which were answered), I have appeared in endless articles and on 60 Minutes, I have given speeches, sponsored a rally, and yes, given up thousands of hours of my life to write almost 500 blogposts for you (and the CPSC) to read. I have left no stone unturned.

If you had done all this over a two-year period and produced the scant results I had, what would YOU do, Anonymous? Keep mumbling to yourself? Is that really productive? If the problem is as serious as I say it is, then continuing with a losing strategy seems pretty dumb to me. It was Albert Einstein who reportedly said “The definition of insanity is doing the same thing over and over again and expecting different results”. It appears that a change in strategy is needed – if we want to produce a different result.

And blaming the parties responsible is appropriate. My readers know I am being honest and candid here. You know where I stand. The Dems are responsible for this mess. They may have had help creating the law in 2008, even the signature of Mr. Bush to close the deal. Then again, when the carnage became clear, the Dems employed the Nancy Reagan “Just Say No” defense in the face of indisputable evidence of their policy failures. The Dems have been a rock of intransigence and indifference for two years now. The Republicans have not. Again, that’s a fact. And the CPSC is being run by Dem politicians who work consistent with the wishes and desires of the Congressional Dem leadership. I am supposed to overlook this? Possibly not notice, look away? That view, if you hold it, insults my intelligence.

These days I have few choices available to me. I can continue to pursue a clearly ineffective strategy and find my voice increasingly marginalized by its irrelevance, or I can work within the political system (as is my right) and find another route to the desired outcome. I hate the CPSIA and I hate what Congress and the CPSIA have done to the CPSC. I cannot abide by this. So now what? Sucking my thumb is not an option. It’s time to get RID of these people. They made themselves a big part of the problem and deserve what they get. After all, the rules of the games were known in advance, and they knew what they were doing.

It’s my right to take steps politically to fix this situation. I hope I don’t lose you as a reader, Anonymous, but if you have better things to do or better sources of information, I trust you will come here less often. My commitment to our employees, customers, suppliers, consumers and other stakeholders remains unwavering and has to come first. I am loyal to them and won’t be defeated by this year’s version of tyranny.

Onward to November 2 and the defeat of the people responsible for this Greek tragedy!

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CPSIA – Tea Party Comments

CPSIA – Jobs, the CPSIA and me

I saw this video tonight and it really frustrated me.

Michelle Rena Jones, the unemployed person featured in the video is a victim of our economic downturn, and of Michigan’s long dependence on the auto industry. She seems intelligent and highly employable. . . yet she is the part of the long term unemployed. She’s not alone by a long shot.

We employ about 150 people in our educational toy business. We consider ourselves fortunate to be able to provide these jobs, given the terrible recession, awful State funding prospects, and most importantly, the overhang of the fatal CPSIA. When I thought about Ms. Jones, I asked myself why we aren’t hiring right now.

Frankly, our business reflects the punk economy you hear about on TV. Right now, we lack the confidence that we can safely add people, or even more importantly, that we will see the sales volume to support new people. This closes most doors to new jobs at our shop.

Then there’s our ole’ pal, the CPSIA. What impact does the CPSIA have on our hiring mentality? Hey, I’m the guy who figured out that this government intends to jam me with a requirement to spend $15 million per annum on testing – how do you think it makes me feel? I assume smaller companies, including the crafters comprising the HTA, realize that despite the various promises and wiped-away tears at the CPSC, the new rules offer scant relief to the small fry. The rules mean business death – and that ain’t a job program, kids. If we’re toast, so are other small businesses. Actually, if we’re toast, everyone’s toast.

Right now, I cannot abide investing in our business. Expansion is a joke since the federal government has totally abandoned us. Trust has been obliterated, shredded, stomped on. Congress is completely deaf and the CPSC doesn’t give a darn – which is why after two years of work and “dialogue”, they produced the drivel we were to comment on last week. [For a candid assessment of those rules, please see my comment to Anne Northup's blogpost of August 11.]

Do you think any rational business manager would hire anyone while fearing that costs far exceeding his annual profits are about to be imposed? Forget it – business people suffering under the crushing burden of the wave of Obama hyper-regulation are thinking of how to survive. Bucking the rules won’t work, either – don’t forget that the agency has the power to press felony charges against anyone who knowingly breaks this law. 2011 is Tenenbaum’s “year of enforcement”.

Can’t wait. . . .

Ms. Jones won’t be likely getting a job from a children’s product company anytime soon.

Apparently, some people still wonder why voters are angry and why the Dems are being blamed. If anyone seriously can’t figure that one out, they’re as deaf as the stone deaf members of Congress we will be voting out of office . . . soon.

Very soon.

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CPSIA – Jobs, the CPSIA and me

CPSIA – August, The Month To Scare (Oops, Save) The Populace

Well, it’s August, almost time for Congress to recess for elections which means it’s also time for your Dem friends to save you again. Makes a nice story for election time. Remember how Congress saved us two years ago, by passing a little bill called the Consumer Product Safety Improvement Act on August 14, 2008? I bet you’re getting ready for the bill’s second birthday party! Anyhow, the Congressional cicadian rhythm drove a couple Pelosi clones, Rep. Jan Schakowsky (D-IL) and Jackie Speier (D-CA), to timely release their latest legislative salvos designed to prove up their worth to you, the voters.

Ms. Schakowsky, one of Illinois’ “finest” who is rated the Number One Spender in Congress by the National Taxpayers Union (thanks, Jan!), offered up another CPSIA-like morsel, the noxious H.R. 5786 Safe Cosmetics Act of 2010. Before we go on, who’s against safe cosmetics? Everyone raise their hands . . . no one? Okay, we’re all for safe cosmetics. So what’s the problem?

• Annual registration with the FDA for all manufacturers, including much proprietary and confidential information.
• A federally-mandated schedule of new fees for the FDA to assess on the now poorer cosmetics companies.
• New safety labels (an old Schakowsky standby to make everyone so much safer).
• FDA review of the “physical, chemical and toxicological properties” of each chemical or mixture listed on the label. And lots of testing.
• New FDA regulations on banned chemicals and so on.
• New prohibitions, meaning that penalties and perhaps criminal actions are possible.
• Mandated public reporting of “adverse health effects”.

The trial bar has to be licking its chops. And Jan gets to claim to her constituents that they can’t live without her. After all, who else is going to save them??? Just like the CPSIA saved our company, our employees and our customers. So, so, soooooo safe and we get an even bigger federal government as an added bonus!

Not content to be outdone, savior-in-training Jackie Speier followed up her ratting out of safe McDonalds Shrek glasses with the newly-minted H.R. 5920 Toxic Metals Protection Act of 2010. Anyone against being protected from toxic metals??? Hmmm, no one? Thank heavens we have such an alert member of Congress ready to sweep in to protect us – right before elections! One of the big effects of this law is to make lots of things illegal and to specify civil and criminal liability for infractions. We really needed this!

Ms. Speier explains her “motivation”: “’Children’s developmental health in this country is threatened by exposure to products containing cadmium,’ said Congresswoman Speier. ‘In May, Wal-Mart removed cadmium-tainted jewelry from its shelves. Last month, McDonald’s recalled over 12 million glasses containing cadmium, and SmileMakers Inc. recalled 68,000 Children’s Happy Charm Bracelets and Football Rings for containing this toxic metal. It’s time to be smart and aggressive about the risks posed by toxic metals that can cause children harm. This legislation is aimed at protecting them from hazardous levels of metals in products they might use.’” Oops, she forgot to mention that the Shrek glasses were acknowledged to be safe by the CPSC or that none of these products is associated with a single injury. Details . . . .

Then there’s the swelling pile of Op-Eds and Editorials touting the “urgent” need to tighten the noose on chemicals (LA Times: “The new regulations will be burdensome on industry — and even more so if the state approves the recommendations we’ve listed here — but they should also pay dividends by lowering health care bills and environmental cleanup costs, as well as spawning a new industry dedicated to developing safer chemicals.”). [Ed. Note: I love the part about how the bill will lower costs! I wish newspaper editorial writers knew how to add and multiply - they could really figure stuff out with those skills.] Henry Waxman, current shield of the CPSIA and guardian of the rules and regulations that ensure the business death of the children’s product industry, wants to finish the job by making us account for every chemical in every product. TSCA Reform – super! We’ll all be so safe . . . in the unemployment line.

Your Congress at work – making the world safe from jobs and prosperity, an August tradition!

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CPSIA – August, The Month To Scare (Oops, Save) The Populace

GUEST BLOG – Bill Chiasson: To the Media, CPSIA problems are spelled B-O-R-I-N-G

You all probably heard the philosophical question, “if a tree falls in the forest and there is no one there to hear it, does it make a sound?” You can ask a similar question in regards to the impact the CPSIA has had on small and medium-sized businesses – “if another U.S. worker loses his or her job due to the unintended consequences of the CPSIA, will anyone hear about it?” The answer is – only if you are reading this blog site. That’s because the media prefers only sensational headlines. The headline, “200 more workers lose their job due to the economic impact of the CPSIA” just doesn’t have the same panache as a prime time news show teaser like “Toxic Toys – No child is safe – tonight on ___________ news!!”

Sadly, most television viewers don’t know what C-P-S-I-A stands for. Chances are they will press the fast forward button on their Tivo remote faster than you can say CPSC in order to skip to the latest news update on the “Octamom” story.

I have come to the conclusion that the major reason this law will not be fixed to tolerable levels is because the general public takes what they hear from consumer advocates, government officials, and the media as gospel. There has been no public debate; no investigative report; no public outcry to get to the truth. Think about last Christmas season when the popular toy, Zhu Zhu Pet, was MISTAKENLY reported on every evening news program and in every major newspaper to contain unsafe levels of antimony in violation of the CPSIA. This report was released BEFORE the CPSC actually reviewed the case brought forth by the overzealous consumer advocate group, GoodGuide. Within about 24 hours after the story was released, the CPSC declared that the Zhu Zhu Pet was not in violation of any federal laws and was, in effect, safe. Do you think all the news outlets retracted their story? Did anyone offer an apology to the maker of the Zhu Zhu Pet? Do the Cleveland Cavaliers have a prayer to win a championship next year?

How can misinformation regarding lead in children’s product continue to spread and be consumed by the public while the truth is buried and ignored? How can painfully obvious common sense be trumped by outlandish, unfounded claims by the non-scientific community? Consider the audience.

According to a new survey released by the legal information website Findlaw.com, two-thirds of 1,000 American adults polled could not name a single current Supreme Court justice, and just one percent were able to name all nine sitting justices. I must admit, I am one of the 99% of Americans who could not name all nine without the help of Wikipedia. Now, here’s a stunner. From the 1,000 people polled, which justice was named most often? If you guessed Clarence Thomas, congratulations! If you are over the age of 40, there is a good reason you remember Clarence Thomas. The media made sure you wouldn’t forget about his confirmation hearings that took place 20 years ago. If you are under the age of forty, Google it.

The same thing is happening with the media coverage of the CPSIA. The facts are overlooked and only news-worthy sound bites are publicized.

The point I am trying to make is that as responsible, informed, voting Americans, we should not exercise blind faith as if our Congress always has our best interests in mind and the media is reporting the absolute truth. We owe it to ourselves to be informed citizens by doing our own research and reading a variety of media sources so that we may elect government officials into office who use common sense (and scientific facts) to make informed legislative decisions.

We must get Congress and the CPSIA to realize the damage the CPSIA is causing and fix it once and for all.

Please, do your research, GET THE FACTS, and spread the word!

Guest Blog by Bill Chiasson, Executive Vice President, COO of ETA/Cuisenaire, a division of A. Daigger & Company. ETA/Cuisneair has over 8,000 manipulative-based educational and supplemental materials for PreKindergarten and grades K-12 that enrich teaching and engage students in math, reading/language arts, and science.

Posted by the Staff of the Alliance for Children’s Product Safety

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GUEST BLOG – Bill Chiasson: To the Media, CPSIA problems are spelled B-O-R-I-N-G

GUEST BLOG – Jolie Fay’s Story

I was not sure what all to tell. Narrowing down the story to a blog, or even a short conversation has been a challenge.

Do I mention that we are not “unintended consequences” but rather, “collateral damage”?

Do I bring up the seniors I help who are so old they do chair Tia-chi, who can afford lunch only when they can make it to the senior center, but have made wooden trucks for 40 years?

Do I bring up the fact that with NO notice to this cottage industry we are forced in the middle of the supply chain to test our products because large toy companies were breaking an already existing law?

Too much…too much to tell, so this is what I wrote. Just my story.

In November 2008 I learned about the CPSIA.

I thought that was the beginning of my journey with this law, but I realize now that my journey began when I was seven years old and participating in my first craft show with my mom. I was selling anything I could make, mostly small animals I had made from pom-poms, felt, glue and little googley eyes. Before age 12, I added to my “line” a small army of “pet rocks,” cats cradle kits, quilt patches, purses, and many, many other kids’ crafts.

When planning my family, I decided to start a business that would allow me to stay at home with my children. I started with what I knew, crafty-ness, sewing skills and some of my favorite memories of my childhood, reinvented. One thing lead to another, and before my daughter was a year old I had a business that would eventually help us buy a house in San Francisco.

Time passed, my business grew and so did my family. It was amazing being there to watch both of my daughters take their VERY first steps on their own, to be the one they turned to when they got hurt, to be their mother. I loved being there, and I knew I would not be in that situation without the money from my little on-line business.

We sold our house in San Francisco and moved to Portland, Oregon in March 2008. At the time, my business was strong. My line was growing and investing in my business seemed like the right move. My husband agreed and we invested a large portion of the profits from selling our house into my business.

I bought supplies and began production. When I bought the supplies, what I was making was legal to sell, but in August 2008, unbeknownst to me at the time, my life was taking a U-turn.

By November 2008 we felt the effects of the sluggish economy, but my business was still surviving and I felt optimistic about our future

Then I got the email: “if you make ANY products for kids, this law [CPSIA] affects you!”

I have to admit I ignored the first 20 or so emails, because I could not believe that my little sew-in-my-basement business was being forced into the same regulations as Mattel without any warning. As the days went on, and the number of emails I received grew, I realized my dream was crashing around me.

I called the lab, got the quote and did the math. CPSIA-mandated testing costs for my little product line was over $27,000 for just over $30,000 worth of product. I cannot express the horrible feeling I had when I realized that I had made a mistake that was going to cost my family all of our money. In the business world, companies recover. In my case, I WAS the company and what family can recover from a loss that huge? I was not only losing my investment, but I was also losing my source of income.

With the February 10, 2009 deadline to comply with the new lead standard only weeks away, the panic took over and I was fighting with everything I had to reach someone who would help make this nightmare go away.

I found a group of people nearby who were renting an XRF scanner, and I rented it for 24 hours. I tested every single item, every color way, every button style, every fabric piece, every color and style of trim…I tested in my tiny basement, next to my washer and dryer, for 15 hours. I was driven by a fear that I cannot describe. I needed to know that when I called every person in DC that I could think of, I could be certain that I had a product that was safe in March 2008 and continued to be safe, even though I did not have $27,000 to test my products to prove it.

I would wake up at 5am Portland time, to begin calling everyone imaginable in Washington, DC — any number I could find. I had never been politically active before and had NO IDEA how things worked. I genuinely believed that some Congressman would take my call and realize that a mistake had been made. I would start to tell my story, pacing between my washing machine and computer, crying to these aids who would reply “Thank you for your call. I will pass your message on.” I could just feel the rolling of their eyes and bored posture as I was begging them to let me talk to someone who could help me.

By 8 am, when my girls were up, I would be so emotionally drained and my spirit was crushed. I did this for weeks and it was truly one of the most painful times of my life.

The days passed, the fight went on. I would ask these aides and CPSC staffers “what do I do? Should I just throw it all away?” and their response would be “I cannot tell you what to do.” I was begging for help and they would only give me “I cannot tell you what to do.”.

Eventually the CPSC did issue some rulings that prevented my having to throw all my products in the garbage. However, these rulings were to few and too infrequent. CPSIA is going to doom my business. The testing costs, the paperwork, the liability and for what? Will my products be
any safer? No, instead there will be no products.

I have invested thousands of hours in trying to get the CPSIA changed to allow crafters – young and old – to continue their craft. The time I spent trying to bring common sense to the CPSIA was time I was not investing in my business. I was afraid to let up the fight because I was not seeing anyone else fighting for ME.

Where was my Senator, who told the crowd “folks, we did this for safety”?

Where was the ombudsman to help guide the way at the CPSC? (Surprise! There STILL is not a position at the CPSC to help the crafters, the stay-at-home moms who use skill and time to help feed their kids).

Where were the Congressmen who represent me and the seniors who have made SAFE children’s products for 50 years, and who can barely afford lunch and would NEVER be able to afford testing?

Who is looking out for the children who will learn from their mothers how to nurture their entrepreneurial spirit?

Last July I hit bottom. I had to turn my children over to daycare workers and join the work force just to keep us in our tiny rented house. My little business that helped us buy a home, that kept me at home with my kids to help them learn and grow, was no longer a safe investment of my time.

This is happening all across the county; women just like me, who are making safe kids’ products, are being forced to end their stay-at-home businesses. Mothers who want to obey the law, who are afraid of the consequences of NOT obeying the law, are making the choice to give up their dream to keep their children warm and fed.

We need a law that does not make us criminals. We MUST have a law that does not criminalize the old, young, and poor because they make safe products that they cannot afford to test.

On the second day of after-school care, I went to pick up my 5 year old daughter from school and the “teacher” pulled us aside as we were leaving. She said, “Jane had a tough day today, she did not want to be here. She wanted to be with her mom.” The “teacher” continued, “I am a grandmother and I know how to deal with this, so I took her by the hand and walked her to the mirror and said, ‘Jane, look at your face. Look at how UGLY you look when you cry.’”

I blame every one of the Energy and Commerce legislative staffers for the emotional injury to my daughter that day. She should be home with me, being raised by a mother who believes in the American spirit of hard work, integrity, and honesty.

She should be home with me while I continue my business of making safe children’s products.

She should be home with me, making pet rocks (illegal to sell today) and having fun making pom-pom animals with her mother – like the ones we used to sell at the local Saturday market.

My daughter is the CPSIA casualty of the week.

Blog post written by Jolie Fay, founder of Skipping Hippos clothing (www.skippinghippos.com) in Portland, OR and a
Board Member of the Handmade Toy Alliance

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GUEST BLOG – Jolie Fay’s Story

CPSIA – Guest Blogs

I am going on vacation (!) and therefore my blog will be dark, more or less, for a couple weeks. In my absence, we have invited a few friends and interested parties to contribute essays on the CPSIA for inclusion in this space. We do not plan to edit the posts, and hope you will enjoy them.

If you have something to say and were not solicited by me, feel free to send me your essay(s). No promises, but we will consider anything you send us. We are open to opposing views as well. It is my hope to stimulate debate and discussion of important issues relating to the CPSIA . . . before it’s too late.

Rick

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CPSIA – Guest Blogs

CPSIA – It’s Election Season – What are You Doing About it?

We have suffered through two years of savage persecution by an unmoved federal government seemingly bent on our destruction. Now this Democratic Congress is coming up for reelection. What are you going to do???

In my case, I am committed to put my money where my mouth is. I am not content with mere grumbling in a blog – I am getting involved in several races and intend to raise money for candidates who will support a sharp revision of the CPSIA and rein in the expansion of our lardy and intrusive federal government. The goal is to take away the House Energy and Commerce Committee gavel from the bullying and anti-business Henry Waxman. He has proven time and again that he and his staff don’t care about our problems nor are they interested in understanding how our problems will become everyone’s problems in due course. In casting our industry overboard for a misguided legislative scheme designed by consumer groups, he picked sides. Now we get to pick sides ourselves.

Last week, we were pleased to host Joel Pollak, Republican candidate in Illinois’ 9th Congressional district (www.pollakforcongress.com) at our company. We had a spirited Q&A session that left everyone impressed with Joel’s intellect and integrity. Joel is a breath of fresh air, especially in the 9th district, lately represented by Jan Schakowsky, Vice Chair of the Subcommittee on Commerce, Trade and Consumer Protection. Ms. Schakowsky is one of the staunchest defenders of the CPSIA and through her actions, has declared herself an enemy of your companies and everything you do. We support Mr. Pollak in his effort to unseat her. More to the point, we are going to do everything in our power to help Mr. Pollak bring his issues to his constituents and put Ms. Schakowsky to the test.

You can do this, too. In your local district or statewide election, your energy and sense of purpose can be a difference-maker. Host a coffee, volunteer some time, ask the candidate to make an appearance. If you are able to raise funds for the campaign, all the better. If you are not happy with the direction of your country or your government, exercise your Constitutional rights and get involved.

We will never take the gavel away from Henry Waxman through worry, frustration or prayer. We are only going to help ourselves by working hard for candidates who understand our issues and will stand up for the free enterprise system. There is a lot at stake here – the future of your company, the jobs you provide your valued associates, the economic well-being of your customers and suppliers and their employees, not to mention the kids, the families and the schools who depend on your products and use them safely every day. All of those people are counting on you to defend them.

Don’t sit still – it’s time to act. The election is only about four months away. Election day could be a real triumph after years of dire straits and frustrations. There’s still time to fix the CPSC and this law – but we all must do our part. A new Congress is a good place to start.

I hope you will use this space with suggestions on how we can all help our chosen candidates. I will publish the best ideas in future blogposts as well as comments to individual blogs.

Read more here:
CPSIA – It’s Election Season – What are You Doing About it?

CPSIA – More Analysis of Damaging Foreign Mfr Accountability Legislation

One additional point about the design of the extremely ill-conceived Foreign Manufacturers Legal Accountability Act of 2010: the “minimum amount” hurdle that triggers the requirement to register for service of process is NOT set by the law. The different agencies have to set it for the products they regulate.

The draft legislation provides the following mechanism for establishing this limit:

“(4) APPLICABILITY — (A) IN GENERAL.—Paragraph (1) applies only with respect to a foreign manufacturer or producer that exceeds minimum requirements established by the head of the applicable agency under this section. (B) FACTORS.—In determining the minimum requirements for application of paragraph (1) to a foreign manufacturer or producer, the head of the applicable agency shall, at a minimum, consider the following: (i) The value of all covered products imported from the manufacturer or producer in a calendar year. (ii) The quantity of all covered products imported from the manufacturer or producer in a calendar year. (iii) The frequency of importation from the manufacturer or producer in a calendar year.”

So for those of us suffering under the CPSIA, this legislation tenders some discretion to the CPSC on how penal this provision will be. Interesting, isn’t it, that Congress will allow the CPSC to set this threshold without oversight but won’t let them assess the risk of pens, rhinestones, science kits or ATVs? Anyhow, given the current practice of the CPSC to apply strict liability standards to so many things, leading to recalls of (for instance) 40 inflatable toy baseball bats for violative phthalate levels (the one-and-only recall for phthalates in U.S. history) and the pending “15 Month Rule” which creates an unbearably expensive and risk-averse scheme of safety compliance, I presume that the CPSC will set these thresholds very low. After all, how else can American consumers sleep well at night???

And consider how this rule might be applied. To determine whether you are above or below the threshold, you must disclose your revenues and volumes to the government for their scrutiny and approval. This is remarkably invasive and is reason enough for many factories to concentrate on sales to South America, Europe, Asia and the Middle East. Who needs this nonsense?

[And if registration is unavoidable, the registration process itself is also tedious and requires the disgorgement of lots of detailed information - which not only will discourage participation but also sets up the foreign manufacturers for liability to the government for "false" statements if they make errors. We have 1500 catalog items, so I can identify with the problems that this kind of requirement might create. It's nothing more than a bureaucratic set-up for regulators to accumulate causes of action to use as they see fit.]

If you think I am delusional or just tend to see the world darkly, please ask yourself – would YOU disclose ANY of this information to the government of Germany? China? Slovakia? Venezuela? Do you trust foreign governments? The confidentiality of their records? The likelihood that this information will not come back to bite you? Do you expect to get a fair shake in a foreign jurisdiction, particularly in a dispute with a local company? Do you think your suppliers will serve you better if you ask them to do this? Are you important enough to influence your suppliers or would they simply throw you overboard? What will this mean to your business – even if foreign governments refrain from retaliation (unlikely)?

This is yet more evidence of the shamefully low quality work of this Congress and its absolute ignorance of the real world. Think of the pending Waxman Amendment which posits that alternative testing methods can be used by small (micro) businesses to avoid certain testing requirements under the CPSIA. Of course, no such testing methods exist but that’s just a trivial detail, right? Or the fact that in order to qualify for this “relief” under that legislation, each of these tiny businesses must disclose their financial records to Mother Government to confirm their eligibility for relief. Sounds REALLY workable, right? It does, if you have never worked for a company and have been closeted in the federal government for long enough.

Another sad, sorry low point for the worst Congress in history. Well, it’s nice to be distinguished in SOME way, right???

Read more here:
CPSIA – More Analysis of Damaging Foreign Mfr Accountability Legislation

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