"Final Rule" from 3/9/09

[Former_Member]

Well, this seems disappointing to me, but maybe after someone else here reads it, they'll find something positive.

http://www.cpsc.gov/businfo/frnotices/fr09/determination.html

Highlights, or lowlights, as it were:

ATV manufacturers aren't getting their wish for an exemption because the law states that the CPSC has to prevent exposure to lead-containing products that would "result in the absorption of any lead into the human body." The use of the word 'any' prevents CPSC from making exclusions for ATV's because no 'safe' level of lead in the blood has been scientifically found, or so the CPSC claims.
Apparel and footwear manufacturers are asking for exemptions for such things as rhinestones/crystals on children's clothing. This seemed a little more hopeful, as CPSC said they did have the power under the law to grant this type of exemption, but it seems that they are asking for a lot of proof, including proof unfriendly to their argument. (huh?)

The issue of the Regulatory Flexibility Act and its requirement the all new regulation be measured for its possible adverse effect on small business was also addressed. Unfortunately, after all this time, letter and email writing, phone calls, etc., here is their response:

[Former_Member]

Sorry - wasn't trying to be dramatic, just hit enter instead of alt+tab. Here's their response:

"The Commission's Directorate for Economic Analysis prepared a preliminary assessment of the impact of relieving certain materials or products from the testing requirements of section 102 of the CPSIA. The Commission preliminarily found that the proposed rule would not have a significant impact on a substantial number of small entities. The procedures and requirements would allow certain businesses, including small businesses, the ability to seek determinations and exclusions
which would allow these entities to continue to manufacture their products without the continuing cost of testing the materials for the presence of lead. Based on the foregoing assessment, the Commission certifies that the rule issued today on procedures and requirements would not have a significant impact on a substantial number of small entities."

This meeting was just held on March 9th. Have we not moved forward at all!?!

[Former_Member]

It sounds like we've taken 2 steps back. This law as written is totally outragous. And IT WILL AFFECT A SIGNIFICAT AMOUNT OF SMALL ENTIES,

[Former_Member]

KraftD - I was about to list here the same quote. What country are they in? Surely not the United States. Perhaps somewhere like Antarctica? Almost delusional!

These people are intent on seeing citizens go hungry in the streets. We have got to ask - who is getting paid off here?

No, we have moved ten steps back. The Stay took all of the momentum out of the protests. Out of sight and out of mind - and that is just what CPSC wanted.

[Former_Member]

There needs to be a collective group effort put together to hire an attorney to fight this...fundraising, etc.

[SimmonsCreek]

this is just insane. I would love to help in the fight, however,

1. I have no money
2. I need to sort through all the info and try and understand it better. It is just all so confusing.

If there is something I can do, I would love to though. I really would hate to have to close my charity because of this. Also, I've talked to people about it, people that you would think would know or at least heard of the CPSIA and nothing. Not a clue.
If someone wants to convo me, please feel free. I live in Missouri and I would love to help spread the word!

Lora

[Former_Member]

This article sounds just like the first determination that was issued when the law was was to be enforced on Feb. 10, 2009, just reissued with a new date.

They are still allowing for "public request for determination", so nothing has changed. I don't understand why they reissued this stupid statement, we have already read this stuff before.

Now my question: Is this statement going to effect the "STAY" that was issued from the CPSC?

WE NEED TO KEEP FIGHTING AGAINST THE "CPSIA LAW" TILL IT IS REPEALED OR CHANGED SO THAT SMALL AND MICRO BUSINESSES CAN CONTINUE TO THRIVE AND PROSPER!!!!!

[Former_Member]

marking

[scentbythesea]

Near the top of the article it states that the stay in enforcement is in effect through 2010.

[SimmonsCreek]

How can we get the word out to our local communities? Posting flyers? Giving talks? I really want to help, I just don't know what to do?

[bobbinalong]

People, you are not reading it carefully. Reread it. Take some time.

[MomNMiaDesigns]

I read this twice.

To me this appears to be outlining the CPSC ability/guidelines for granting Exclusions and reconsideration for articles KNOWN TO CONTAIN LEAD. (i.e., parts on the ATV that manufacturers already know contain lead for which they have asked for exclusions)

----

[Former_Member]

bobbinalong - what part are you referring to? Believe me - I want to see something hopeful!
MomNMiaQuilts - Yes, ATV's do have parts that contain lead, but I think mfrs point was that in the _normal_ use of their product, kids aren't putting the batteries, and other lead-containing parts in their mouths, thereby making it very unlikely for them to absorb lead.
I think the biggest thing everyone wants out of our lawmakers is for someone to actually closely read this law, realize that the CPSC is thinking that their mission is to take every word of the law at its literal meaning, and finally, look at how real people live. Does this law really have to cover EVERY product meant for ALL children up to age 12? Know what I mean? The total lack of common sense from anyone with the power to change this is absolutely maddening. What I would have dearly loved to have seen in this report is something like "We have been inundated by comments from the public relating ways that this law adversely affects them, from business owners to parents unable to purchase kids clothing at thrift stores. We have passed this information on to Congress and asked them for clarification. We feel that, given the size and mandate of the CPSC, this law is impossible for us to enforce in its present form." That would have been progress.

[Former_Member]

bobbinalong can you please share anything in this document that you've read to be positive?

I think it's fair for people to be upset about the fact that the CPSC has determined that there isn't going to be much impact on small businesses, when in fact we know there will be (and already has been).

[Former_Member]

I'm beginning to think I need to switch my focus of my shop to the over 12 crowd. <<<sigh>>>

[Former_Member]

This is pretty damning to Comgress:

****Had Congress not included the use of the word ``any'', the Commission, relying, inter alia, on the
advice of its toxicologists, engineers and human factors experts, would have had the authority to have considered whether the requirement could be met if there were some low amount of absorption of lead, resulting in ``no meaningful increase'' in children's blood lead levels, thereby constituting a negligible risk.

[Former_Member]

Here's a email I recieved...i'm sending mine
Subject: FW: Time for a Tea Party

TIME FOR A TEA PARTY!

There's a storm abrewin'. What happens when good, responsible people keep quiet? Washington has forgotten they work for us. We don't work for them. Throwing good money after bad is NOT the answer. I am sick of the midnight, closed door sessions to come up with a plan. I am sick of Congress raking CEO's over the coals while they, themselves, have defaulted on their taxes. I am sick of the bailed out companies having lavish vacations and retreats on my dollar. I am sick of being told it is
MY responsibility to rescue people that, knowingly, bought more house than they could afford. I am sick of being made to feel it is my patriotic duty to pay MORE taxes. I, like all of you, am a responsible citizen. I pay my taxes. I live on a budget and I don't ask someone else to carry the burden for poor decisions I may make. I have emailed my congressmen and senators asking them to NOT vote for the stimulus package as it was written without reading it first. No one listened. They voted for it, pork and all.


O.K. folks, here it is. You may think
you are just one voice and what you think won't make a difference. Well, yes it will and YES, WE CAN!! If you are disgusted and angry with the way Washington is handling our taxes. If you are fearful of the fallout from the wreckless spending of BILLIONS to bailout and "stimulate" without accountability and responsibility then we need to become ONE, LOUD VOICE THAT CAN BE HEARD FROM EVERY CITY, TOWN, SUBURB AND HOME IN AMERICA. There is a growing protest to demand that Congress, the President and his cabinet LISTEN to us, the American Citizens. What is being done in Washington is NOT the way to handle the economic free fall.


So, here's the plan. On April 1, 2009, all Ameicans are asked to send a TEABAG to Washinton , D.C. You do not have to enclose a note or any other information unless you so desire. Just a TEABAG.
Many cities are organizing protests. If you simply search, "New American Tea Party", several sites will come up. If you aren't the 'protester' type, simply
make your one voice heard with a TEABAG. Your one voice will become a roar when joined with millions of others that feel the same way. Yes, something needs to be done but the lack of confidence as shown by the steady decline in the stock market speaks volumes.

This was not my idea. I visited the sites of the 'New American Tea Pary' and an online survey showed over 90% of thousands said they would send the teabag on April 1. Why, April 1?? We want them to reach Washington by April 15. Will you do it? I will. Send it to;1600 Pennsylvania Ave. Washington , D.C. 20500

[annemusingdesigns]

Cool. Tea bags... I hope you are including a letter as to why they have been sent.

[annemusingdesigns]

But it is not specifically for this law. We need impact of this law. IE: Would be interesting of we could get a list of all the legislators with children 12 and under. This includes President. Then we would need to figure out what the kids would have that would be banned due to law.

Another thought, the EPA? With all this stuff being thrown away, how is it going to be disposed of? Landfill so it can rot the poisons out into the ground - and water??

[FayeMaloneDesigns]

annemusingdesigns says:


Another thought, the EPA? With all this stuff being thrown away, how is it going to be disposed of? Landfill so it can rot the poisons out into the ground - and water??


Something to really consider is that there is NO PROOF that all the "stuff being thrown away" is "poison". It has just not been tested. This is a foolhardy needless waste of good products in the name of "saving the children". The government is making us fearfull of everything. "it's a crisis", "the world will not recover if we don't do something imediately", "it's going to be irreversable" I have an overwhelming urge to to tell them all to f*^k off! But don't worry, China is buying up the world. They are now acquiring mines in Austrailia. Start practicing with your chopsticks...

[Former_Member]

Sudz: While this is a really clever idea, I searched for "New American Tea Party" and came up with this site: http://newamericanteaparty.com/, on which they say that mailing a tea bag isn't affiliated with them and to save our postage and tea bags. They do have a facebook link and another one to keep informed. Do you have a better link for this?

[Former_Member]

I know this sounds all conspiracy-theory, but between this and the HR 875/Senate Bill 425, it seems like corporate America and their government backers want us to be completely dependent on them. Like they're terrified of self-sufficiency.