They were talking about this yesterday on my GA Good Deal Alert boards...I just got this email today...Hopefully it might help... ~Lisa
January 8, 2009
Dear Bargain Watcher Community:
I appreciate all who have been in contact with me over the last few days regarding the Consumer Product Safety Improvement Act (CPSIA). I share your concern and it is very important that we all understand this new law and its potential effect on the consignment sale industry. I will give you a synopsis below of what I have learned so far. There are dozens of internet articles and websites you can visit to find out more, but I'll try to convey the important points you need to know as a sale organizer, consignor or shopper. Please note I am no expert and I'm not telling you what to do in response to this information. I've simply gathered this material from several online sources and emails that have been sent my way and tried to make sense of it as best I'm able. Thank you to all who have assisted in this effort by sending me articles and information.
THE CPSIA - WHAT IS IT AND WHAT COULD IT MEAN FOR YOU?
The Consumer Product Safety Improvement Act (CPSIA) was passed by Congress in August 2008 and is scheduled to go into effect February 10, 2009. The CPSIA requires that ALL products for children age 12 and under after February 10 be certified as lead and phthalate free. Untested merchandise will be considered hazardous, even if it does not contain these chemicals. The law as it is currently worded pertains not only to newly manufactured items for children but older/used items being sold in stores and re-sold in consignment stores, charitable stores (Goodwill), seasonal consignment sales, garage sales and online sales (Ebay). It will also affect home crafters who create toys, clothing, and other items for children, and it even appears that you cannot make donations of such items unless they have been tested.
You can imagine the devastating effects this could have on small businesses and our national economy and why those who are discovering the far-reaching effects of this law are extremely concerned. Some are even calling February 10 "National Bankruptcy Day." Taken to its extreme, it has the potential to shut down industries both large and small. Another byproduct of the law is its environmental impact. Imagine our landfills if every product deemed hazardous by this law were suddenly discarded!
A final concern is the law's enforcement and what will be required to ensure compliance. Apparently the Consumer Product Safety Commission plans to implement the law through spot checks. To my knowledge, however, the agency has not explained how this will be done and what type of penalties violators could face. According to a Los Angeles Times report yesterday, the CPSC admits it is "an agency with limited resources and tremendous responsibility to protect the safety of families.Our focus will be on those areas we can have the biggest impact and address the most dangerous products."
THE GOOD NEWS
There has been a recent outcry from hundreds of industries and manufacturers who will be affected by this law, and thankfully their voices seem to be getting through. Kudos to John Wasson of
MySaleManager.NET - Software Solutions For Seasonal Kids Consignment Sales and others who are spearheading efforts and communication on the consignment sale industry's behalf. John has been sending out emails to sale managers alerting them of the latest news. Yesterday he reported that many of his contacts have personally spoken with their Senators and Representatives and are receiving positive feedback regarding proposed modifications to the law. These modifications seem to point toward allowing the consignment, thrift store and online re-sale industry to continue. The media is now on board and the story is gaining national momentum. On Wednesday evening one of our local news stations, 11 Alive news, ran a story featuring one of Georgia's largest consignment sales, Kidsignments in Gwinnett. Owner Jeri Lynn Cunningham did a good job representing our concerns. This type of coverage should certainly help our cause.
The CPSC has said it will release a public statement regarding this issue soon - hopefully no later than Friday. I'll keep you posted and let you know the outcome as soon as possible. 11 Alive News reporter Valerie Hoff has promised an update on her VALues blog at
11Alive.com | Atlanta, GA | VALues: the Money-Saving Blog. I'm sure she will post the press release there as soon as it goes live or you can check the CPSC website (see link below) for updates.
Legislators are also looking at The Regulatory Flexibility Act to see if it may provide
second hand businesses needed immunity from the CPSIA. For more info on that act read the article at
Regulatory Flexibility Act - Wikipedia, the free encyclopedia.
A FINAL WORD
I hope this information has been helpful to you. It's my honor and privilege to serve the seasonal consignment sale community as a communication base. I appreciate your continued support and look forward to many more years of Bargain Watching with you!
See below for further resources that may be helpful to you in regard to the CPSIA law. Please feel free to forward any pertinent info you'd like to share. I'll try to keep updates on the website so that we can all stay informed. I also just received a corporate statement from the largest children's consignment sale franchise in the US - Just Between Friends (
Childrens, Teens, Maternity Consignment Sales Event: Just Between Friends). They are meeting with state legislators today and have released an excellent public statement to their constituents that would be useful for local sale operators to read and follow. It is quite lengthy so I did not cut & paste it here. Please email me if you'd like me to forward you a copy.
I trust the overall good of the public and common sense will prevail in this matter. In spite of our flaws, we are still blessed to live in a nation with freedom to speak out and have our voices heard.
Be blessed and encouraged today!
Sandra Breaden
The Bargain Watcher - Homepage
RESOURCES
HOW YOU CAN HELP
Speak out on this important issue!
Contact your legislators - there are many ways to make contact. Phone calls are best, but you may also write or send an email. An automated form which will send your email and which can be edited and personalized is found at
Welcome to AAfA - New Product Safety Legislation Needs Clarifications Now
To contact your Representative:
Office of the Clerk
To contact your Senator:
U.S. Senate: Senators Home
Sign an online petition
CPSIA Impacts on Children's Apparel Industry Petition : [ powered by iPetitions.com ] Make Second Hand Kid's Clothes Legal! : Take Action and Contact Congress | Make Second Hand Kid's Clothes Legal!
Take the CPSIA Economic Impact Survey
The Economic Impact of CPSIA
Pray - Not a last resort, but a first
For those of you who are believers and trust that God is ultimately in control, please take a moment to lift this concern before His throne of grace. He knows and is blessed by the fact that so many of your businesses are used to assist the community and the disadvantaged. We have a faithful Father who hears us when we pray.
Regarding this legislation, I am personally praying in accordance with Psalm 37:5-6. Commit your way to the Lord; trust in Him and He will do this: He will make your righteousness shine like the dawn, the justice of your cause like the noonday sun." Let's pray that the potential harm of this legislation will come to light and necessary changes will be made.
WEB LINKS FOR FURTHER RESEARCH AND INFORMATION
US Consumer Product Safety Commission website
http://www.cpsc.gov/
CPSIA-Central - place to discuss the CPSIA with others and work together for changes
cpsia-central - The place to discuss CPSIA
11 Alive News Report (GA) - Consignment Stores Seek Answers from CPSC
Consignment Stores Seek Answers from CPSC - 11Alive.com | WXIA | Atlanta, GA
KARE 11 News Report (MN) - New law could lead to increased secondhand scrutiny
kare11.com | Twin Cities, MN | New law could lead to increased secondhand scrutiny
Simple Dollar Article:
The Simple Dollar » Hand-Me-Down Clothes in the Post Hand-Me-Down Era: Consumer Protectionism Gone Too Far?
LA Times Article - New safety rules for children's clothes have stores in a fit:
New safety rules for children's clothes have stores in a fit - Los Angeles Times
LA Times Article - Regulators rethink rules on testing children's clothing and toys for lead:
Regulators rethink rules on testing children's clothing and toys for lead - Los Angeles Times
Handmade Toy Alliance - Save Small Business from the CPSIA
Change.org - Ideas for Changing America: Save Small Business From the CPSIA
National Bankruptcy Day website -
National Bankruptcy Day
Enkore Kids Blogspot -
Enkore Kids, LLC - All About Our New Store in Boonsboro, MD