One Lawmaker Responds

[Former_Member]

I just received the following email from my representative, Anna Eshoo, California, to whom I wrote a few weeks ago regarding the necessity of a change in the CPSIA.

Text of Ms. Eshoo's email:
"Thank you for writing to me about the implementation of H.R. 4040, the Consumer Product Safety Improvement Act of 2008. I certainly understand your concerns.

In 2007, the United States experienced the recall of over 20 million unsafe consumer products imported from foreign countries. Many of these household items, including toys, jewelry, tires, and food, present a genuine threat to the safety and well-being of our nation's citizens. Unfortunately, the Consumer Product Safety Commission (CPSC), the government agency charged with ensuring the integrity of consumer products, clearly lacks the tools and capacity to provide American consumers with the protection they deserve. The passage of H.R. 4040 improves our defective consumer protection system by increasing funding and staffing levels for the CPSC, imposing a nationwide ban on products containing more than trace amounts of lead, and requiring third-party testing and certification for the safety of children's products.



The implementation of this regulation has come under great scrutiny which has caused a mass of misinformation to be reported. Testing and certification only applies to manufacturers and private labelers. Retail stores and thrifts are exempt from the testing requirement. Furthermore, retailers do not have to prove their products have been certified. They can still sell already made products without certification. This means that inventory is not worthless and is not subject to third-party testing. On the other hand, if a retailer knowingly sells a product that contains a banned substance such as lead, they can be held legally accountable. This is the same standard as already established for restrictions on flammable products or those that may be a choking hazard.



After the tragic events of last year, we made a commitment to the American people to ensure that the products they buy are safe. Though some new restrictions may be onerous, the safety of our children and our citizens must be our primary concern. Though we disagree on this issue, I hope we can work together on others.



If you have any other questions or comments, let me hear from you. I value what my constituents say to me because I need your thoughts and benefit from your ideas.



I've created an ongoing e-newsletter to keep constituents informed on a variety of congressional issues and legislation. Many constituents tell me how much they value reading it, and if you would like to as well, you can go to my website at http://eshoo.house.gov and click on "E-Mail Sign-Up." Your email address will never be used by anyone except my office to communicate with you, and your tax dollars will be conserved by using electronic communications rather than traditional mailings.

Sincerely,

Anna G. Eshoo
Member of Congress

This is my response. I haven't mailed it yet, because I am mad and that isn't a good time to be sending off emails.

Text of proposed response:
"Thank you for NOT reading my letter or responding to my concerns.

I am a craftsperson. I MAKE jewelry for children. I am CONSIDERED a "manufacturer"...just ask my insurance company.

I USE American recycled silver that meets the CA standards for lead, but as a "manufacturer" I am required by CPSIA to test each component. This law would still require me to test all components of my "manufactured" ring.

My $12 ring will require $800 of testing (two components). Last year I sold about 20 of these rings. That works out to $52/ring. Parents are not going to spend that kind of money to buy a child's adornment, especially in this economy.

I have children. I want them safe. We buy organic milk for them and grow vegetables for them. I don't want them poisoned with lead or phthalates, BUT this law is too broad and is aimed, not at the actual culprits, but at everyone, without regard to facts.

The CPSIA, as it stands, needs amendment. Feel free to take a look at www.WellspringCreations.blogspot.com for a better feel for how this law is going to affect your American constituents--the individuals who are trying to make ends meet in this economy and who are not selling poisoned products, but who WILL be put out of business nonetheless."

[FayeMaloneDesigns]

Good for you! Don't you just want to get up in their faces and let them have it?!!!!

[Former_Member]

I'm not sure she has even read the law...

[Former_Member]

I think your response is GREAT!

[Former_Member]

Thank you, all.

Would it be improper to add: "In addition, here a link to the ETSY (handcrafters) website that is specifically dedicated to the CPSIA. If you want a feeling for how several hundred crafters feel about the law, take a look: http://www.etsy.com/forums_board.php?forum_id=5000002" (the direct link to this CPSIA forum?)

Let her feel the warm glow of anger?

[Former_Member]

Testing and certification only applies to manufacturers and private labelers. Retail stores and thrifts are exempt from the testing requirement. Furthermore, retailers do not have to prove their products have been certified. They can still sell already made products without certification. This means that inventory is not worthless and is not subject to third-party testing. On the other hand, if a retailer knowingly sells a product that contains a banned substance such as lead, they can be held legally accountable. This is the same standard as already established for restrictions on flammable products or those that may be a choking hazard.



Am I getting this right!! So I, a tutu maker and small buisness, will be REQUIRED to test my products but a retailer....say WALMART will not!! And that they don't have to say if they test or not to the consummer?

So as SHE understands it...the retalilers only have to "promise" not to sell a banned item.

WHAT IN THE WORLD!!!!!

[meredithdillman]

well, the people Walmart buys from are the ones who have to test.

[Former_Member]

Well, I feel much more comfortable knowing that the Chinese manufacturers are going to agree to test these products, since I doubt Walmart buys most of their product from American manufacturers.

After all, I'm sure the lead and melamine in children's products were all just a big accident. (Big tongue in cheek.)

[Former_Member]

Thank you for sharing your correspondence with us, Wellspring! This has been... eye opening.. to say the least.

[Former_Member]

please.. don't link to the forums. please.

lol.

there's a lot of righteous indignation on here, and we've all vented at one point or another.. many of us saying things like "pshaw, i don't think it's really a threat!" or "i don't care what the law says.." or "congress is a bunch of idiots!"

there are some fantastic posts, around, too.. but i'm not sure we'll win a lot of support from someone who comes browsing in, looking for a fight.

link to lots of blogs, though!

and i love your response!!

(only change suggested: clarify that you make by hand. manufacturers "make" things, too)

[Former_Member]

Its like who ever we contact sends the same letter...its like they all cut and paste from teh same letter...dont even read our letter. Got the same from Diane Feinstein.

[Former_Member]

blynkenandnod you are right. How about I add the list of 200+ Etsian blogs that were set up yesterday? :-)

and "handmade"...thanks for the editing job!

[Former_Member]

I feel like I got the same letter and may steal parts of your response.

from Russ Feingold('s office):
"Thank you for contacting me about new children's safety requirements under the Consumer Product Safety Improvement Act (CPSIA), and how they would affect resellers of children's products. I appreciate hearing from you.



Under the CPSIA, new requirements go into effect in February 10, 2009, restricting the sale of children's products in the United States that contain more than 600 parts per million total lead, even if the product was manufactured before 2009.



The new law requires that domestic manufacturers and importers certify that children's products made after February 10 meet all new safety standards, including the lead ban. However, sellers of used children's products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards. Further, the new safety law does not require resellers to test children's products in inventory for compliance with the lead limit before they are sold.



Again, thank you for contacting me. Please feel free to do so again on this or any issue."

[Former_Member]

The Stepford Representatives