Consumer Product Safety Improvement Act

The name sounds pretty impressive, doesn't it?  It also implies legislation designed to protect us from harm.  I mean, who can argue with product safety improvement?

However, don't be fooled by the pretty words.  This legislation, drafted in response to the flood of recalled toys imported from China, will cripple or put out of business many small businesses in the United States that cater to products made for children.

The CPSIA was passed in 2008, effective February 10, 2009.  This legislation states that every product to be used by children under 12 years must be tested for lead content prior to being sold, and be certified that the product meets government standards for lead content.

On paper that sounds great.  In reality, the legislation made no concessions for items produced BEFORE this law came into effect, meaning used and antique toys would need to be tested, or for items produced by small businesses who would be effectively put out of business by the prohibitive costs of testing.

Even more disturbing, there has not been much mention of this legislation in the press, and many of the people who will be most affected have not heard that there is a new law coming into effect within weeks that could put them out of business, and possibly put them in jail.

Case in point: I have a friend who is phasing out of her child care business to start a business selling baby clothing and accessories.  The items are all hand-made.  Most of the items are sold online via her website, or at local craft fairs.  However, with the passage of this law, each item produced would have to be tested by a third party and certified before being sold.  This testing can cost thousands of dollars.  There is no way that she could afford to continue with her business with this legislation as written.  Moreover, she did not hear about it from any official representative, and had to look it up to find out how she would be affected.

I know I mentioned this topic in an earlier post; that I had called Washington D.C. to complain/ask about this legislation.  Because of that call, an aide to Dan Lungren sent me an e-mail requesting that I call her.  She wanted to know how this legislation would affect me.  In my line of work, however, this legislation would only affect me indirectly, as I don't sell products.  Nonetheless, I was impressed that she followed up.

It turns out that she is actively looking for small business owners that WILL be affected by this legislation so that Congressman Lungren can present this information before congress and get the law amended to save thousands of small businesses that sell new and used children's clothing, toys, books, and accessories.

If you know anyone who fits this description, PLEASE call Dan Lungren's office, at 916.859.9906.  Ask for Alexandra.  I would love to give her enough ammunition to make a difference.  She needs this information by Friday, so spread the word.