Taking point from National Federation of Independent Business
I contacted them this afternoon--they have some good idea in items of ways to move forward--
NFIB Talking Points: Regulatory Update
January 9, 2009
In August 2008, the Consumer Product Safety Improvement Act was passed by Congress and signed into law by the president. This bill requires, after Feb. 10, 2009, mandatory testing of certain children's products, including but not limited to, toys and clothing. Congress enacted this law in reaction to a recall of toys made China containing high levels of lead.
The Consumer Product Safety Commission (CPSC) is responsible for interpreting this law and setting forth federal regulations for it. The regulations will be made final on February 10th. NFIB is currently working with the CPSC and key offices in the House and Senate to address the unintended consequences for small business that may occur as a result of the legislation. NFIB will be submitting formal written comments to the CPSC.
Why is this bill bad for small business?
The law is complex and vague. The penalty structure for noncompliance is also unclear. Although there is language in the law requiring the CPSC to consider "adverse economic impact on small business," there is no specific or separate fine structure for small business. It is unclear who exactly is on the hook for testing costs and compliance. NFIB is particularly concerned with the burdensome costs that may fall on small business owners.
NFIB applauds the CPSC guidance issued yesterday that exempts resale, thrift and consignment stores from the testing requirements that go into effect on Feb. 10.
NFIB urges the CPSC to consider further measures to protect small retailers and manufacturers by providing guidance and clarifying several provisions of the new law, including how penalties will be assessed on small business versus big business, the parties responsible for testing the products and how small businesses in particular can comply.
What can NFIB members do to help?
* Contact the CPSC
o We urge everyone to contact the CPSC by submitting written comments.
o What comments from small business owners should include:
+ Request clarification on any points of confusion in the new law.
+ Concern for the February 10th implementation date.
+ The limited resources a small business has to comply with federal regulations.
+ The threat of having to close the small business because of high financial penalties.
o The CPSC needs to hear from small business owners to understand how this law hurts small businesses.
+ Comments can be e-mailed to Sec102ComponentPartsTesting@cpsc.gov or visit www.cpsc.gov/about/cpsia/cpsia.html
+ Comments can be faxed to 301-504-0127
+ Comments can be mailed to: Office of the Secretary / Consumer Product Safety Commission / Room 502 / 4330 East-West Highway / Bethesda, Maryland / 20814
o All comments should be captioned "Section 102 Mandatory Third-Party Testing of Component Parts."
o Act soon. The public comment period ends Jan. 30.
* Contact federal representative and senators.
o Members can locate their federal representative and senators by entering their zip code at
https://writerep.house.gov/writerep/welcome.shtml * Tell other small business owners and interested parties to contact the CPSC, as well as their federal representative and senators.
