We owe a huge debt of gratitude to Rick Woldenberg for his tireless dedication to this cause, and for keeping us informed and updated through his blog.  You can read the latest about the hearing here.  Rick collected more than 110 letters protesting the committee’s decision to hold a hearing without testimony from small businesses.  Because I was out of town, my letter was sent late (probably too late for inclusion) but I will post it here anyway.  I strongly recommend checking out the letters – it is an impressive collection.  Here’s mine:

September 9, 2009

The Honorable Henry Waxman, Chairman

The Honorable Bobby Rush, Subcommittee Chairman

House Energy and Commerce Committee

2125 Rayburn House Office Building

Washington, DC 20515

The Honorable Joe Barton, Ranking Member

The Honorable George Radanovich, Subcommittee Ranking Member

House Energy and Commerce Committee

2322A Rayburn House Office Building

Washington, DC 20515

Dear Chairmen and Ranking Members:

I am at a loss to comprehend how the Committee hearing set for September 10, 2009 in which the Hon. Inez Tenenbaum, Chairman of the U.S. Consumer Product Safety Commission (CPSC), is scheduled to testify on the implementation of the Consumer Product Safety Improvement Act (CPSIA) can be of any benefit to Congress or the citizens you represent without additional testimony from affected parties, especially the small businesses devastated by this law.

These overly-broad regulations have wreaked havoc on small businesses, crafters, and artisans producing a wide array of safe, domestically made products.  These products are good for our kids and good for our economy.  Thousands of letters to this committee and to the CPSC have detailed “unintended consequences” including business closures, like mine.  I would argue that the implementation of CPSIA has made my children significantly less safe.  Consider:

• Because of CPSIA, the CPSC is now busy issuing yard sale regulations, advising the ALA to sequester old library books, writing “handbooks” explaining that only used clothing without zippers, snaps, buttons or screen prints are fit be donated, reused or sold, as well as producing lengthy legalese detailing (without any clarity) the difference between a ball point pen intended to be used by a child vs. one intended to be used by an adult, but which may appeal to a child.  All this, instead of using the Commission’s resources to police the marketplace for real dangers.
• Because of the CPSIA (inspired by the 2007-8 toy recalls) Mattel (one of the offenders) has received approval to test their own products in-house, while everyone else is subjected to expensive (and objective) third-party testing.  How does that make my kids safer?  Not to mention, how is this good government practice: the offender is rewarded with less competition (through small business closures), and cost-cutting self-policing, while the innocent get regulated out of business?

The few steps the CPSC has taken to ease implementation have questionable relevance, as State Attorneys General retain the right to enforce the law as Congress wrote it – and as it remains today – unchanged due to this committee’s unwillingness to fix the obvious and fatal flaws.

I urge you to reconsider.  Hold hearings in good faith with real testimony from those affected.  Rework the law to allow the CPSC the latitude to focus its resources on actual risks, allow small businesses to achieve compliance by using compliant component parts, and require State Attorneys General wishing to enforce the law, to do so only according to the CPSC’s interpretation of the law, as businesses cannot reasonably be accountable to fifty different interpretations of the law.

Sincerely,

Jennifer Swab DeGrace

Owner, Designer

Jen Lynn Designs (closed since 2/10/09)

All three CPSC members’ statements on yesterday’s decision to deny the exemption of crystal and glass beads underline the inflexibility of this law, which has stripped the CPSC of its authority to use risk-based analysis in their determinations. Their statements included the following excerpts:

From Chairwoman Inez Tenenbaum:

“… In making a determination, I was mindful that the statute does not use the term “harmful” amount or another term which would allow staff to utilize a risk based approach. …Thus while Commission staff recognized that most crystal and glass beads do not appear to pose a serious health risk to children, because ingested crystal beads that leach lead will result in some lead absorption, the request for an exclusion must be denied.” “…the statutory language…does not allow for the consideration of risk.”

From Commissioner Thomas Moore:

“… To allow this exception to our enforcement activities is simply not supportable under the strict standards of the CPSIA.”

From Commissioner Nancy Nord:

“… Because the statute does not give us the ability to be flexible, I cannot vote to grant an exclusion in this case. However, not granting an exclusion will result in the removal of safe products from the marketplace, causing significant economic injury. Therefore I believe there is only one equitable solution available to us and that is to grant a stay of enforcement for a limited time while Congress considers the unintended consequences of the CPSIA, e.g. products banned that have no real safety issues; economic hardship that is unnecessary to achieve consumer safety; and in this case, 10-year old girls being told by the Federal Government that they cannot have rhinestones on their jeans.”

Their full statements are available here:

Commissioners’ Statements on the Request from the Fashion Jewelry Trade Association to Exclude Crystal and Glass Beads in Children’s Products from the Lead Content Limits Under Section 101(b)(1) of the CPSIA:
Chairman Tenenbaum <http://www.cpsc.gov/pr/tenenbaum071709.pdf>
Commissioner Moore <http://www.cpsc.gov/pr/moore071709.pdf>
Commissioner Nord <http://www.cpsc.gov/pr/nord071709.pdf>

Past commission statements had already made the point that their hands were tied by the CPSIA, so what’s different now? Congress can no longer blame Republican Nancy Nord for CPSIA problems. Obama appointee, Inez Tenenbaum is the new Chairwoman. Ms. Tenenbaum’s statement agrees that there is no wiggle room in the CPSIA to “utilize a risk based approach”.  Congress just lost their scapegoat.

As Chairman of the House committee with jurisdiction over the CPSIA, it’s way past time for Henry Waxman to step up and fix this legislative disaster. Holding hearings with testimony from affected parties would be a good place to start.

On July 7th, Henry Waxman publicly agreed to hold hearings on the CPSIA during an appearance on The Diane Rehm Show, but he has since cancelled those hearings yet again. Apparently, he can make time to promote his own book, but not to save and/or restore thousands of US jobs with the stroke of a pen, or insure the integrity of legislation he supports.

Please contact your representatives and urge them to push for CPSIA hearings and reform, especially if they are on the House Energy and Commerce Committee:

Henry Waxman (chair) D-CA (30th Dist)
John Dingell (chair emeritus) D-MI (15th Dist)
Edward Markey D-MA (7th Dist)
Rick Boucher D-VA (9th Dist)
Frank Pallone, Jr D-NJ (6th Dist)
Bart Gordon D-TN (6th Dist)
Bobby Rush D-IL (1st Dist)
Anna Eshoo D-CA (14th Dist)
Bart Stupak D-MI (1st Dist)
Eliot Engel D-NY (17th Dist)
Gene Green D-TX (29th Dist)
Diana DeGette D-CO (1st Dist)
Lois Capps D-CA (23rd Dist)
Michael Doyle D-PA (14th Dist)
Jane Harman D-CA (36th Dist)
Janice Schakowsky D-IL (9th Dist)
Charles Gonzalez D-TX (20th Dist)
Jay Inslee D-WA (1st Dist)
Tammy Baldwin D-WI (2nd Dist)
Mike Ross D-AR (4th Dist)
Anthony Weiner D-NY (9th Dist)
Jim Matheson D-UT (2nd Dist)
GK Butterfield D-NC (1st Dist)
Charlie Melancon D-LA (3rd Dist)
John Barrow D-GA (12th Dist)
Baron Hill D-IN (9th Dist)
Doris Matsui D-CA (5th Dist)
Donna Christensen D-VI
Kathy Castor D-FL (11th Dist)
John Sarbanes D-MD (3rd Dist)
Christopher Murphy D-CT (5th Dist)
Zack Space D-OH (18th Dist)
Jerry McNerney D-CA (11th Dist)
Betty Sutton D-OH (13th Dist)
Bruce Braley D-IA (1st Dist)
Peter Welch D-VT
Joe Barton (ranking member) R-TX (6th Dist)
Ralph Hall R-TX (4th Dist)
Fred Upton R-MI (6th Dist)
Cliff Stearns R-FL (6th Dist)
Nathan Deal R-GA (9th Dist)
Ed Whitfield R-KY (1st Dist)
John Shimkus R-IL (19th Dist)
John Shadegg R-AZ (3rd Dist)
Roy Blunt R-MO (7th Dist)
Steve Buyer R-IN (4th Dist)
George Radanovich R-CA (19th Dist)
Joseph Pitts R-PA (16th Dist)
Mary Bono Mack R-CA (45th Dist)
Greg Walden R-OR (2nd Dist)
Lee Terry R-NE (2nd Dist)
Mike Rogers R-MI (8th Dist)
Sue WIlkins Myrick R-NC (9th Dist)
John Sullivan R-OK (1st Dist)
Tim Murphy R-PA (18th Dist)
Michael Burgess R-TX (26th Dist)
Marsha Blackburn R-TN (7th Dist)
Phil Gingrey R-GA (11th Dist)
Steve Scalise R-LA (1st Dist)

Keep writing, emailing and calling.  Many livelihoods depend on it!

The Show’s stated topic:

Representative Henry Waxman, Congressman Henry Waxman, 30th District, California chairs the House Energy and Commerce Committee. He offers his perspective on health care and climate change legislation and explains how Congress really works.

Please call in to the show (1-800-433-8850) to question Mr. Waxman directly.  You can also send your question/comment via email (drshow@wamu.org)

Here is the email I sent this evening (I attempted to frame it within the context of the stated show topic):

Dear Ms. Rehm,
I am a huge fan of your show and listen often.  Thank you for the excellent work you do.

As a Liberal/Progressive mom, I imagine Mr. Waxman and I support many of the same causes.  But how can we trust Congress to reshape health care and energy when we have seen “how Congress really works” through their enactment of lemons like the Consumer Product Safety Improvement Act of 2008?

As a result of that seriously flawed legislation:
- Childrens books printed before 1985 are banned
- Used kids clothing must be sent to the landfill instead of being donated or consigned
- Domestic crafters selling handmade products (like myself) have been shut down
- Big toy companies actually guilty of selling tainted toys have been rewarded by the bankruptcy of their smaller competition, who simply don’t have the economies of scale to support the cost of the redundant testing, certification and permanent labeling specifically mandated by the sweeping new regulations

If these were “unintended consequences” why hasn’t Congress fixed them with a common-sense amendment?  My children are no safer as a result of this law, and their mom is out of business.  With a track record like this, I shudder to think of what my kid’s health care will look like after Congress gets a hold of it.

Sincerely,
Jennifer DeGrace

Email Colleen (see her website above for contact info, or find her at Twitter: @naturaltoybox) a photo of a product you make, sell or buy (yes, you can participate as a consumer) that cannot survive the CPSIA in its current form and will therefore soon be extinct.  Include a paragraph or two (or a link to it) about the impact of the CPSIA on you, your household or your business.  Every day, Colleen will feature a soon-to-be-extinct product via Twitter, and the group of products and stories will be compiled as a powerfully moving message to lawmakers and the still largely unaware public.

Please take a few minutes to email Colleen your story and product.  I sent her a link to this page.

Here is a photo of one of my formerly best-selling hair bows.  Imagine the testing cost for all the various ribbon types in this one bow design.  Multiply that by hundreds of designs, most available in three to five different sizes, and each of those available attached to a wide variety of clips, barrettes and pony elastics.  The possible iterations are endless.  Customization, luxurious detail, and a continually growing product offering (based on seasonal fashion trends) were all hallmarks of my business, and are all reasons it is impossible for me to comply with CPSIA testing, certification and labeling regulations.

This excerpt from my February 2009 letter to President Obama describes my situation:

I have had to close my hair accessory business because testing is simply not an attainable option for a small producer of custom products. Congress has made it painfully clear how expendable and insignificant they consider my plight through their profound lack of response to my repeated requests for CPSIA reform. But I believe my situation is representative of thousands, and worth a closer look.

If family integrity is revered at all, the entrepreneurial efforts of mothers providing their families with needed income while home caring for their children should be valued and encouraged, not ignored, disparaged, or regulated out of existence. And it goes well beyond moms like me, working from home. My local consignment shop, a 26 year old family business, has stopped selling children’s items – previously the largest portion of their sales. I’m afraid to sell my own kids’ outgrown clothing, which typically funds their next year’s wardrobe. Our school district and local library are biting their nails, waiting, hoping for reasonable reform before the stay of enforcement expires. Even many domestic manufacturers far larger than myself can’t afford to comply with testing requirements and are on the brink of collapse. Personally, I have lost my disposable income, and with it, my ability to stimulate the local economy. Multiply these experiences by tens of thousands across the country.

And while businesses hobble along, crippled by the CPSIA, close up completely, or operate unknowingly in violation (risking significant liability) Congress deflects responsibility and plays politics with the CPSC. The complete unwillingness of Democratic lawmakers to even concede there is more to the story than big business vs. children’s safety is excruciatingly disheartening to me as a liberal, forsaken by my own party.

The complete letter is here.  A week or two ago (about 4 months after sending this letter to the President) I received a card from the White House in response.  It thanked me for communicating with the President, but made clear that no one had read my letter yet, as they are very busy.

Thanks Colleen, for your work to amend the CPSIA.  It will obviously require a continued and tireless effort on all our parts.

Open Letter to crafters, small businesses, and supporters of handmade (please feel free to post this on your own blog):

You may already be aware that the Handmade Toy Alliance has become a non-profit organization with a mission not only to continue to work toward change in the Consumer Product Safety Improvement Act, but first and foremost to support crafters and small businesses in the children’s industry on an ongoing basis. Or maybe you have yet to learn who we are. If that’s the case, you can learn all about us at handmadetoyalliance.org.

Joining the HTA is not just about fighting the CPSIA; it’s about you and growing your business. As makers and sellers of small batch products for children, we came together out of an imminent need to fight for our right to remain in business. Along the way it became clear that no organization existed to support people like us. So we thought- “Why not be that support system?”

At the start we were ignored by the CPSC and Congress. Nevertheless, our energy and commitment remained steadfast, and as our numbers grew, our collective voice became and continues to be important and respected in the CPSIA debate, proving that a small group of concerned citizens really can change the world. It’s only natural that we use that voice to continue our work, and offer valuable resources to your business.

There are a number of ways that HTA membership can benefit your business, all of which are listed here: http://www.handmadetoyalliance.org/join-the-handmade-toy-alliance/ In this post, I’d like to talk about my favorite, and in my opinion–hands down–the most important tangible benefit.

Sure you’ll help in the fight for a better CPSIA by joining the HTA, and your support is greatly needed and appreciated. But did you know that membership also includes built in marketing for your business? For my small business, this alone makes the membership dues well worth it. Dues by the way, can be as low as $35 a year.

As a small business owner, I’m sure you’re well aware of the ever rising costs of PR and advertising. As an HTA member you’ll benefit from a low cost approach to growing your business. You’ll receive a profile page on the HTA website, with a description of your services, and photos of you and your products, linked to your own website. The site is regularly visited by members of the press as well as parents and others interested in handmade products. Your inclusion will improve search engine rankings, and open up the opportunity for members of the press to learn more about you, as well as increase your pool of potential customers.

In addition to your profile page, you will be given the opportunity to participate in affordable cooperative advertising, as well as a featured business write up on the Handmade Toy Alliance blog. As we grow there will continue to be new marketing ideas and you’ll be on the ground floor.

We are all part of a small and still largely untapped niche in the children’s industry. Every day millions search for unique gifts and other items for their children. By joining the HTA you become part of an alliance of innovative businesses ready to serve this unique segment of the market.

Since its inception, the HTA has been member driven. Rather than act as a large untouchable force, we want to continue to be approachable and accessible as peers. HTA members hold a diverse range of talents and knowledge, and we’ve been quite successful at tapping into this pool for the benefit of us all. As an HTA member, you get to both give and receive, thus you become a part of the process that shapes the future of this alliance. But rest assured if you’re too busy to be involved in this process. Participating in the development of the alliance is optional. You decide how much or how little you want to be involved, if at all, while still reaping the benefits offered.

Please consider becoming a member of the HTA . More information and a sign up form can be found here: http://www.handmadetoyalliance.org/join-the-handmade-toy-alliance/ For the low cost of membership you’ll be joining with a unique group of businesses that hold in common the fact that we all offer something truly special to the children’s industry, and a unique talent for working together to bring novel ideas into fruition.

Yours truly,

Cecilia Leibovitz
Craftsbury Kids
President, Handmade Toy Alliance
http://www.handmadetoyalliance.org

Follow the HTA on twitter:
http://www.twitter.com/toyalliance

Check out our latest press:
http://www.handmadetoyalliance.org/press-coverage

It took far too long, but getting the hardship of small businesses introduced into the public record is a critical step on the road to reason.

A huge thank you to all those who testified!  Your effort helps all those negatively impacted by the CPSIA.

Yes, it’s short notice, but I encourage as many negatively impacted small and micro-businesses as possible to email their story to be entered into the Congressional record.  This is our chance to officially and directly explain to Congress what the CPSIA is doing to our small businesses.  They can no longer claim they aren’t aware of the issues once it is on the official record, so make your story known!

Email your story of CPSIA-induced business challenges TODAY, Wednesday, May 13 (preferably in .pdf format to the committee staffer organizing the hearing: erik.lieberman@mail.house.us.gov.  Please use a subject line that makes the urgency obvious, like, “Submission of Testimony for the House Subcommittee on Investigations and Oversight: The Consumer Product Safety Improvement Act and Small Business”.

Click here to see a blurb about the hearing and list of speakers (scroll about halfway down on the page).  I’m excited to see that Star Bright Baby (a member of the Handmade Toy Alliance) and an Etsy seller are among the speakers listed.

Here is the letter I sent in.  I was unsure of the correct format for these things, but I decided that sending something was better than sending nothing at all.

May 13, 2009
1040 Sagebrook Way
Webster, NY 14580

Chairman Bart Stupak
Subcommittee on Oversight and Investigations
2268 Rayburn House Office Building
Washington, DC 20515

Subject: Testimony for the House Subcommittee on Investigations and Oversight: CPSIA and Small Business – Hearing scheduled for May 14, 2009

Dear Chairman Stupak and Subcommittee members:

I opened my online hair accessory boutique, Jen Lynn Designs, in September of 2006.  This business has allowed me to contribute to our family income, on a flexible schedule, while I am home caring for my two young children.  I have worked hard to develop safe, quality products, a sound business and loyal customer base.

My kids’ safety and security is my highest priority.  That is why, facing the unmanageable provisions of the CPSIA, I shut down my store on February 10, 2009, just as all the work I have put into building it was starting to pay off.  I believe my hair accessories are safe – and according to my domestic suppliers – made with compliant materials.  But I can’t afford the required testing to prove it.

Operating in violation of the testing, certification and labeling requirements poses a risk to my family that I am unwilling to accept, especially considering the large fines and jail time associated.  So I have decided to close, (until and unless the law is changed) and endure the financial hit rather than expose my family to potential liability. I implore Congress to urgently make changes to the CPSIA, allowing responsible small domestic businesses to survive and go on supplying the safe, quality products families have come to rely on from crafters and artisans like myself.

Please consider the following fatal flaws in the CPSIA for micro-businesses:

• Testing and certification requirements are impossible for small producers to comply with.  I can see no circumstances under which accepted lead testing methods would be affordable for a business my size, with an extensive and diverse product line of made-to-order and customized items, many of which are unique.
• Labeling requirements necessitate laborious internal recordkeeping impossible for a one-person shop to absorb.  The labeling requirements not only present logistical and cost challenges (where exactly shall I place a permanent label on a 2” wide hair bow?) but also unmanageable back-end tracking.  For example, when one roll of red ribbon runs out, I get another.  That ribbon may be used in 50 different hair bow designs, and may be combined with as many as 10 other ribbons in a single bow. Tracking each ribbon/component back to its source/lot/batch per completed item would require more hours (not to mention specialized software) than a one-person shop can reasonably allocate to recordkeeping.
• Enforcement stays imposed by the CPSC offer no protection from State Attorneys General inclined to enforce the CPSIA as written – as they are explicitly empowered to do within the CPSIA.  A legislative fix is required.

Thank you for your attention to this critical issue.

Sincerely,

Jennifer Swab DeGrace
Jen Lynn Designs
jen@jenlynndesigns.com

I’m not interested in making this a partisan issue (full disclosure: I’m a registered Democrat, though I consider myself Independent) but it has become clear to me that Congress’s inaction is all about politics. It’s not that I’m clairvoyant, or even particularly insightful: they have made it painfully clear, in their own words, that all they are interested in is the removal of Nancy Nord from the CPSC, and replacing her with a Democrat appointee.

So I must ask – if Congress (backed up by lobbyists responsible for this law) really believes the CPSC/Nord is the problem, why not take the reins and hand them an amendment as specific as the law itself? How about turning some of that righteous indignation into action? Stick it to ‘em! I think we’ve seen what the CPSC has to offer in the way of solution (next to nothing), but Congress has failed to offer even that much. In fact, Democrats (with few but notable exceptions listed below*) appear incapable of any action beyond angry letters that deflect responsibility.

Take heart, and take action. The “Amend the CPSIA” rally is this Wednesday, 4/1 in DC. If you can’t be there in person, check out the website now and send in your story, find out how to get involved, and don’t miss the LIVE web cast of the public hearing, which starts at 10:00am EST on Wednesday.

*Worth noting: Democrats who have taken action to fix the CPSIA are few but deserve praise for bucking party pressure:

• Senator Jon Tester sponsored S. 608
• Rep. Jim Cooper cosponsored H.R. 968
• Rep. Bobby Bright cosponsored H.R. 1027
• Rep. Brad Ellsworth sponsored H.R. 1465
• Rep. Earl Pomeroy cosponsored H.R. 1587
• Rep. Dingell made inquiry to CPSC

Perhaps they didn’t get the memo? ]]> http://www.waytobow.com/2009/03/cpsia-durbin-points-finger-makes-party-proud/feed/ 0 http://www.waytobow.com/2009/03/dont-make-me-write-another-letter/ http://www.waytobow.com/2009/03/dont-make-me-write-another-letter/#comments Sun, 22 Mar 2009 03:26:00 +0000 admin http://www.waytobow.com/archives/33 Commissioner Moore’s pathetic response yesterday to Rep. Dingell’s request for CPSIA information so infuriated me that I just had to… write a letter. Dammit. This was mailed today:

March 21, 2009

The Honorable John D. Dingell, Chairman Emeritus
2328 Rayburn House Office Building
House Committee on Energy and Commerce
Washington, DC 20515

Dear Chairman Dingell:

I was heartened to read the CPSC and Acting Chairman Nord’s 3/20/09 response to your inquiry of 3/05/09, as their recommendations would at least begin some relief for businesses crushed by the CPSIA, and allow for common sense application.

However, after reading Commissioner Moore’s response to your letter, I am further outraged by the dysfunction and apparent political games and finger pointing that continue to stymie progress toward a reasonable solution to the serious problems this bill has spawned. I take personal offense to his characterization of the business community, as I believe we have shown great cooperation in supporting safety standards, and have made every attempt to comply with this law even when it is nearly impossible. Because my home-based crafting business simply could not comply with expensive testing requirements, I have closed. If that’s not acting in good faith, I don’t know what is. We’re moms and dads, not some evil empire of business tycoons, and we should not be used as pawns in this charade.

While it may be in the best interest of one political party or another to wait for new appointees who may be more agreeable to their point of view, or for Congress to wait for the CPSC to act, or for the CPSC to wait for Congress to act, waiting certainly is NOT in the best interest of taxpayers, citizens, children or small business people living under the oppression of this law today. Every day this drags on, businesses in limbo are pushed to the brink of collapse due to lost profits, impaired productivity, obsolete merchandise, and the cost of compliance.

The time to slow down was during the drafting and implementation of this bill. Now that this law is wreaking havoc on our precarious economy, immediate action is required. I am asking you to be the voice of reason and force an end to the political posturing by urgently pushing through sensible reform legislation.

Sincerely,

Jen DeGrace
Jen Lynn Designs

I must admit I appropriated the use of underlining from Chairman Nord’s staff response. Pur-IT-tee effective, heh? It occurs to me that I never posted my official response to Rep. Dingell’s request for CPSIA information, which was delivered along with the others collected by Rick Woldenberg. For good measure, I’ll post that response here as well:

March 11, 2009

The Honorable John D. Dingell
2328 Rayburn House Office Building
United States House of Representatives
Washington, DC 20515

Dear Representative Dingell:

I have lamented, to the President and publicly, my Democratic party’s lack of leadership to reform the CPSIA, so I’m wholeheartedly grateful to you for taking this on and hope other Democrats will follow your lead. While your letter of March 5, 2009 requests feedback from the CPSC regarding the problems with the CPSIA, I would humbly like to take this opportunity to respond to some of the questions you raised from my perspective, as both a mother and small home-based business owner.

I wish I had quantitative data regarding the negative impact on small manufacturers, as I believe it is staggering, and only beginning to come to light. What I do have is anecdotal. I have closed my online hair accessory boutique, Jen Lynn Designs. While I have every reason to believe my products are compliant, I can’t afford the required testing to prove it. Because the CPSIA specifically expands enforcement to State Attorneys General, apparently not bound by the CPSC’s enforcement stay, I chose not to expose my family to potential liability, and therefore closed. Along with my business, I have lost my disposable income, and ability to stimulate my local economy by spending it. My local consignment shop, Second Time Around, has stopped accepting and selling ALL children’s products, formerly the largest portion of their 26-yr old family business.

Please consider the following reforms:

• Allow component testing, which would enable me to purchase compliant ribbon, compliant hair clips, compliant glue and compliant wire and assemble them into an obviously compliant hair bow, in order to sell them lawfully.
• Repeal retroactivity. Implementing new regulations and imposing them retroactively not only has closed down thousands of thrift, consignment and resale shops, cost businesses untold billions in non-salable inventory, and stopped me from selling my own kids’ outgrown clothing (which typically funds the purchase of their next year’s wardrobe) it will be the sole reason for tons and tons of perfectly viable goods overloading our landfills. In my view, that alone is nothing short of immoral.
• Consider the actual science-based and real-world threat posed by products (i.e. infuse some common sense into this law). My children (ages 5 and 7) are encouraged to read books, no matter when they were printed, and they have not licked a page since they were babies. (I can’t even believe this has to be said.) Books, other than those specifically designed for toddlers, should be exempt. Lead in forms that do not leach into the body or pose a proven threat should be exempt. How is it that I can drink out of a crystal glass, but a crystal embellishment on a T-shirt is harmful? And if furniture and wall art in kids’ bedrooms pose a threat to their health, how is it that the same items in the rest of their home are not subject to regulation? My kids spend many more waking hours in our family room – presumably touching things – than they do in their bedrooms.
• Allow manageable labeling for micro-businesses. Labeling has not been widely discussed, as that portion of the law doesn’t take affect until August of this year, but it has the potential to cripple micro-businesses like mine every bit as much as testing requirements do. Requiring detailed (batch, run and lot) information on permanent product labels isn’t practicable for businesses like mine where a batch often consists of one or two products. Some hair accessories are simply too small to host a label with such information, and purchasing and applying the labels is potentially more expensive than the product’s revenue can support.
• Implement appropriate regulations for appropriate age ranges. Special attention should certainly be paid to the contents of products teething babies and toddlers are given. However, beyond toddlerhood, children are generally not putting everything they touch into their mouth. Moreover, older children have access to nearly the entire contents of their homes, scho
  ols and yards. To presume a child aged 4-12 is more endangered by products that are marketed to them than those intended for their parents is to completely disregard the facts surrounding the only recent lead-related child death I have heard cited, as well as common sense. For example, banning pens “intended for children” simply means kids will use their parents’ pens.

I appreciate and share your concern for public safety, and as a parent, I want access to safe products and playthings for my kids. I also welcome improved efforts to make sure homes are free of lead in water and paint – the most common source of dangerous lead exposure. I would love greater access to sleepwear for kids that are not treated with toxic fire retardant chemicals (snug -fitting PJs are often just plain tight and uncomfortable). And I support educational outreach for parents regarding the environmental, choking and poisoning hazards that their kids will inevitably come into contact with, regardless of regulation, as this is after all, part of living in an unpredictable world.

Thank you for your help in establishing safety improvements that positively impact public health, rather than those provisions within the CPSIA which negatively impact the economy (and the kids whose parents have lost their livelihoods) while doing nothing to improve public safety.

Sincerely,

Jen DeGrace
www.JenLynnDesigns.com

Nancy Nord and the CPSC responded to Rep. Dingell’s questions about the CPSIA today. You should take a look, they had a lot to say. There were so many recommendations made all the way through the letter that would provide badly needed relief, that I have to admit I was disappointed that it ended with just three bullet points promoted:

“We conclude that the following three changes would resolve many of the major difficulties identified above:

• Limit the applicability of new requirements to products manufactured after the effective date, except in circumstances where the Commission decides that exposure to a product presents a health and safety risk to children.
• Lower the age limit used in the definition of children’s products to better reflect exposure and give the CPSC discretion to set a higher age for certain materials or classes of products that pose a risk to older children or to younger ones in the same household.
• Allow the CPSC to address certification, tracking labels and other issues on a product class or other logical basis, using risk-assessment methodologies to establish need, priorities and a phase-in schedule.”

The 21-page response did also note (my interpretation):

• They have been underfunded and understaffed, crippling implementation and other duties
• The spectrum of industries affected is enormously broad
• Risk assessment should be used to establish priorities
• Implementation deadlines should be extended
• The cost to businesses, especially small and micro-businesses is significant
• Toxic substance limits should be based on “the possibility of exposure in relation to age” rather than total content
• The law should not be retroactive
• Age limits should be lowered and established by product class
• The CPSC should have more discretion in implementation, to grant exclusions and set age limits

They discussed books at length, including my favorite passage:

“At this time the Commission staff has not had the time or resources to prove that books made more than twenty years ago do not exceed the lead limits as staff has needed to focus its resources on its investigations of deaths and injuries to children and other emerging risks and health hazards.” Since those deaths and injuries are not occurring in libraries filled with old books, this is obviously a huge waste of time. OK, I added that last part, but seriously.

I also enjoyed the full page of legal citations refuting the claims of “Those who argue that common sense exclusions are permitted by the CPSIA”.

This is generally good, but I guess I’m left unsatisfied because while the challenges for small and micro-businesses (crafters are mentioned specifically on memo page 9) are recognized and articulated, the proposed solutions for us are sketchy at best:

“Recognizing that the Commission always has the ability to take action to address unsafe products in the marketplace, Congress could take many different approaches to mitigate the effects on small businesses. Congress could apply the new lead and phthalates limits prospectively to mitigate the impact on inventory existing prior to enactment. It could allow for a more flexible exception process based on balancing of risks against the burdens of the costs of testing and certification but that could overburden staff. Another option would be to allow the Commission the flexibility to decide what children’s products require testing and certification.”

Which basically sounds like the viability of our businesses is tied up in the third bullet of their conclusion, and may ultimately be left up to the discretion of the overburdened, understaffed CPSC, should Congress grant them that discretion. Not exactly a silver bullet.

Note: on page 9 of the memo, I’m thinking that’s supposed to be 763, not 963. ]]> http://www.waytobow.com/2009/03/the-cpsc-recommends/feed/ 0 http://www.waytobow.com/2009/03/cpsia-urgent-call-to-action/ http://www.waytobow.com/2009/03/cpsia-urgent-call-to-action/#comments Wed, 11 Mar 2009 03:54:00 +0000 admin http://www.waytobow.com/archives/5 I’m shamefully late getting this posted, as time is now short, but here’s hoping late is better than not at all:

If you haven’t read Congressman Dingell’s letter to the CPSC, you must. This is sharply different from anything else I’ve heard out of Democrats in Congress, in that he admits that there are problems with the CPSIA that merit immediate attention, and is apparently open to resolving them legislatively. His letter poses several intelligent questions to the CPSC about the problems and possible solutions, and requests an urgent response by this Friday, 3/13.

Get busy: If you are negatively impacted by the CPSIA, respond to his questions directly so he will know first-hand how the CPSIA is working in the real world.

Rick Woldenberg posted an email address on his excellent blog, CPSIA – Comments & Observations where you can send your response to Rep. Dingell’s letter and it will be delivered to both the CPSC and Rep. Dingell’s office along with all the other responses sent in. This is a great way to make sure your letter is noticed and has impact. Start writing!

When you are done with that, you might stop by Reform CPSIA, where they are collecting the stories of those impacted by the CPSIA in order to showcase the literal impact this law is having. I think it’s a great step toward making our plight more tangible.

I know it’s a lot of work, but if you only do one thing, at least write to Rep. Dingell and let him know how critically his support for amending this legislation is needed. He’s the first to open the door, let’s be sure to get our foot in. ]]> http://www.waytobow.com/2009/03/cpsia-urgent-call-to-action/feed/ 0 http://www.waytobow.com/2009/02/cpsia-my-letter-to-the-president/ http://www.waytobow.com/2009/02/cpsia-my-letter-to-the-president/#comments Fri, 27 Feb 2009 21:05:00 +0000 admin http://www.waytobow.com/archives/35 One step forward, two steps back. It’s downright disheartening, and you can bet that’s the objective. I’m thoroughly disgusted with Congress’s lack of responsibility and common sense. Not to mention common courtesy: for the dozens of emails, letters and phone calls I have made, I’ve yet to receive one single response. Today, I’m writing again to President Obama:

Dear Mr. President:

Like so many others, I worked hard to get you elected, and I’m thrilled that our collective efforts were fruitful. Solutions to real problems require a measured, thoughtful and reasoned assessment of myriad issues too often top-lined for the sake of media sound bites or political sparring. Your ability to both weigh and articulate complexities is one of the reasons I voted for you.

So I am asking you now to apply that skill to the very real problems with the CPSIA. This is not a business vs. children issue, as it has been portrayed. As a mother, a liberal, an environmentalist and small business owner, I welcome the new limits on harmful materials in children’s products, just as ardently as I oppose the irresponsible and destructive aspects of this law, which do not improve safety. These include:

RETROACTIVE APPLICATION OF NEW STANDARDS has created immoral and unnecessary waste, not to mention lost profits and productivity, confusion and closed businesses. Wasted unsalable new inventory and used goods. Businesses, non-profits and individuals scramble to follow the law and the CPSC’s specific directions to sequester books published before 1985, and dispose of, rather than donate or sell used clothing bearing buttons, snaps or zippers, as well as untested toys and other products. This is particularly unconscionable considering that there are no reported injuries attributed to these products. Products found to cause injury have already been recalled, and are therefore already unlawful to sell, making this completely unnecessary and shamefully wasteful.

END PRODUCT TESTING has forced small producers out of the market, ironically leaving the spoils to the same large companies – manufacturing overseas – who are guilty of the very offenses that spurred Congress to create the CPSIA in the first place. While it may seem reasonable to test each component of a completed made-in-China “Dora” doll before selling millions of them, that logic does not hold up when applied to testing each component of a completed domestic handmade dress before selling three of them. Expensive third-party testing is simply not practicable for small producers, and as their products have not been shown to be the offenders, imposing regulations that force them out of the market is unfair, un-American and considering the current economy, unwise. What does make sense, affords greater safety and efficiency, is requiring manufacturers to use CPSIA compliant materials and manufacturing processes.

I have had to close my hair accessory business because testing is simply not an attainable option for a small producer of custom products. Congress has made it painfully clear how expendable and insignificant they consider my plight through their profound lack of response to my repeated requests for CPSIA reform. But I believe my situation is representative of thousands, and worth a closer look.

If family integrity is revered at all, the entrepreneurial efforts of mothers providing their families with needed income while home caring for their children should be valued and encouraged, not ignored, disparaged, or regulated out of existence. And it goes well beyond moms like me, working from home. My local consignment shop, a 26 year old family business, has stopped selling children’s items – previously the largest portion of their sales. I’m afraid to sell my own kids’ outgrown clothing, which typically funds their next year’s wardrobe. Our school district and local library are biting their nails, waiting, hoping for reasonable reform before the stay of enforcement expires. Even many domestic manufacturers far larger than myself can’t afford to comply with testing requirements and are on the brink of collapse. Personally, I have lost my disposable income, and with it, my ability to stimulate the local economy. Multiply these experiences by tens of thousands across the country.

And while businesses hobble along, crippled by the CPSIA, close up completely, or operate unknowingly in violation (risking significant liability) Congress deflects responsibility and plays politics with the CPSC. The complete unwillingness of Democratic lawmakers to even concede there is more to the story than big business vs. children’s safety is excruciatingly disheartening to me as a liberal, forsaken by my own party.

I beg you to intervene. Please make CPSIA reform an urgent priority, for the sake of small business, consumer safety, and our children. Far more of them will be compromised by their parents’ loss of income than could ever be compromised by reading old books or wearing jeans with zippers.

Sincerely,

Jen DeGrace
Jen Lynn Designs

Please continue to make your voice heard. Only sustained and growing public outcry can possibly affect change.

I visited my local consignment shop today, Second Time Around, and was sad to hear that not only are they no longer accepting or selling children’s items (the store was completely cleared of them!) but that the change may mean the end of their 26 yr old family business. She told me she’s had clients in her store literally cry upon hearing the news, not knowing how they are going to clothe their kids. I guess they’ll go to Walmart or Target? Hmmm… is it just me, or is it starting to seem like the big box stores have more to gain from this legislation than consumers?

I’m not giving up. Even if it is too late for me, it’s not too late for sanity. I’ll be sending out a new round of letters today and tomorrow to make sure my pen-pals know they’re responsible for shutting down my business. This batch includes:

• My Congressional Reps
• Waxman and his posse: Rush, Rockefeller and Pryor
• Nancy Nord
• Senator DeMint to ask that he keep pushing his reform bill (I still can’t believe I share any political common ground with Jim DeMint – hey you just never know)
• All 18 members of the board at Consumers Union to let them know I canceled my subscription to Consumer Reports because of their continued support of the obviously flawed CPSIA (Yeah, I know, they’ll be crushed. Interesting to note, however, that among the board members is none other than Craig Newmark, founder of Craigslist. He seems like a good guy, and surely he can appreciate the value of the used goods market? Will Craigslist grow as mamas with loads of outgrown banned hazardous childrens clothing fear selling ‘out in the open’ on eBay?)

• Call both of your senators today and ask them to co-sponsor Senator DeMint’s bill.
• Let them know that there are still serious problems with the CPSIA, and even with the recent CPSC stay, there is no protection from State Attorneys General and the stay itself is likely to be challenged.
• Ask them to send you a written response as to whether or not they will co-sponsor the bill.
  

It still comes down to the fact that the CPSC’s authority is limited, and the law is the law. Keep up the pressure on Congress to change the law so that the CPSC and small businesses trying to comply aren’t put in the position of finding ways around it. The best news today is that Senator Jim DeMint from South Carolina announced his intention to do just that. Email Senator DeMint and your own reps in the House and Senate again today to make sure they don’t back down in the face of pressure from powerful CPSIA backers with their armies of lawyers and lobbyists.

Rep. Jim DeMint announces intent to reform CPSIA
CPSC’s Press Release
Associated Press Coverage
Fashion-Incubator on the Stay ]]> http://www.waytobow.com/2009/01/cpsia-change-is-coming/feed/ 0 http://www.waytobow.com/2009/01/cpsia-get-it-right-the-second-time/ http://www.waytobow.com/2009/01/cpsia-get-it-right-the-second-time/#comments Thu, 22 Jan 2009 23:59:00 +0000 admin http://www.waytobow.com/archives/58 Congress: stand up and take ownership. Stop passing the “CPSIA buck” back and forth with the CPSC, and deal with it head-on.

Citizens: contact your representatives and let them know that their mistakes are only dishonorable if they won’t admit them, and the law is only flawed if it they don’t fix it. The buck stops at Chairman Waxman’s desk, as he chairs the Energy and Commerce Committee. Be sure to include him in your correspondence to your representatives, as well as the bill’s sponsor and Subcommittee Chair, Bobby Rush and Energy and Commerce Committee Ranking Member Joe Barton (see his 1/21/09 letter to Chairman Waxman which notes constituents’ concerns.)

For those just catching up with CPSIA legislation and wondering what all the fuss is about, here is a brief introduction:

HR4040, The Consumer Product Safety Improvement Act of 2008 (CPSIA).
There has been a lot of misinformation about this law due to its great scope and complexity, but it does mandate changes that may well affect most of us.

The law is a response to the recalls of toys made in China with lead-tainted paint. It was widely appreciated and easily passed, as we are all eager to protect our kids. However, lawmakers are now becoming aware of some unintended consequences of the 63-page law. Though it was written to address the above problem, it applies so broadly, that several issues have come to light. Just two of these issues include:

• The law is retroactive. It is illegal for resellers, thrift and consignment shops to sell any item intended for use by a child 12 or under if it has more than 600 ppm of lead as of 2/10/09 (and 300 ppm starting in August 2009) or otherwise violates new standards. The CPSC clarified this issue on 1/8/09 by stating that used items do not need to be tested to prove they meet requirements, but they do need to meet the requirements. If you are confused, you are not alone. This impacts libraries (children’s books are included), charities depending on thrift sales and donations (clothes and gear are included), and any retailer selling children’s items stocked before 2/10/09.

• The law mandates testing and certification to prove that new finished products meet regulations. While this sounds perfectly reasonable, it means that even if an artisan supplies testing reports showing that all the materials they use to make their products meet regulations, they still must have each unique combination of these materials tested and certified, once they are assembled into a new finished product. Legally, if you assemble a product, you are the manufacturer, and responsible for what can be very expensive testing and certification. This greatly impacts small-scale manufacturers and handcrafters.

“When it comes to resellers, there is not a requirement for them to test. There is a lot of misinformation being floated out by the media, by the mommy blogs, by others blogging on legislation that they’re just not understanding, and it needs to be clear, and it needs to be concise, in terms of their requirements under the law.”

So Ms. Vallese clarified it for resellers:

“What second-hand shops need to do and understand in terms of their responsibility is, they do need to meet the law, the law does apply to them. How they meet that law, is not defined in the legislation.”

“There is a lead level limit of 600 ppm total lead that needs to be met. How a shop owner comes to their level of confidence is not defined in the legislation. They simply need to make a business decision, at a level of confidence, that the products they are selling meets the law.”

How did Ms. Vallese suggest they do this?

“They can look at it, and make an informed decision on whether or not that product meets the law, they could call the manufacturer of that product and ask them whether or not there was any lead used in the manufacturing of that product. Or they could test.”

“What consignment shop and thrift store owners should do, is use their best judgment on how they reach that level of confidence that they’re meeting the law.”

To further make her point, Ms. Vallese noted that the CPSC only has about 100 field investigators, and: “The agency will be putting those resources to use in places that we can address the greatest risk and those products that will cause the most harm.”

My take? The CPSC is encouraging resellers to take their chances with liability by “using their best judgment” because they are unlikely to be prosecuted. Hmmm… that sounds exactly like what we’ve been reporting. Thank you Ms. Vallese, for clarifying that the CPSIA really is as corrupt as we feared. My best judgment tells me not to accept a wink and a nod as a binding legal agreement from the CPSC or anyone else. Maybe it works in politics, but do they seriously expect businesses and non-profits to risk violations and penalties when livelihoods are at stake? ]]> http://www.waytobow.com/2009/01/cpsia-julie-vallese-interview-clears-it-up/feed/ 0 http://www.waytobow.com/2009/01/cpsia-information-articles-and-resources/ http://www.waytobow.com/2009/01/cpsia-information-articles-and-resources/#comments Sat, 17 Jan 2009 03:02:00 +0000 admin http://www.waytobow.com/archives/56 Because good information regarding the CPSIA legislation HR4040 has been difficult to find, and critical to anyone making or buying handmade products for kids, I have listed below some recent news articles and information sources. When I tell people myself what the law entails, they tend to look at me sympathetically, like I’m some kind of alarmist nut. While it is hard to believe, sadly, it’s also true, and denial isn’t making it go away. Keep pressuring congress and the Consumer Product Safety Commission to fix the Consumer Product Safety Improvement Act, and please do it now as time is running out for many small businesses.

CPSIA News and Opinions

1/30/09 Today’s Developments

1/29/09 NAM asks CPSIA rules delay, The Journal of Commerce Online

1/29/09 No Word on Book Exemption as CPSIA Deadline Near, Publishers Weekly

1/28/09 How ‘Child Safety’ May Kill NYC Jobs, New York Post

1/28/09 Anti-CPSIA stories build as implementation deadline approaches, Consumer Reports.org – a supporter of CPSIA. The responses to this blog post are mostly excellent.

1/26/09 CPSIA Links, Overlawyered

1/25/09 New law banning toxins in toys threatens handmade craft businesses, The Grand Rapids Press – MLive.com

1/22/09 Scrap The Consumer Product Safety Improvement Act–II, Forbes.com

1/22/09 Toy Story, Maui Weekly

1/18/09 Feb. 10: National Bankruptcy Day, Review Journal

1/16/09 Scrap the Consumer Product Safety Improvement Act, Forbes.com

1/15/09 Uncle Sam vs. your favorite toys, The Christian Science Monitor

1/15/09 Ten predictions for the CPSIA’s effect on children’s products in 2009, Z Recommends

1/15/09 The Very Latest on CPSIA and Books, Publishers Weekly

1/14/09 Pelosi’s Toy Story, The Wall Street Journal

1/13/09 All worry and no play, Santa Maria Sun

1/12/09 Using social tools to fight the CPSIA , Business Week

CPSIA Information Sources (many of these will link to more)

1/21/09 Letter from Committee on Energy and Commerce Members requesting a hearing before 2/10/09! (We are starting to get their attention – keep up the pressure, especially on Chairman Waxman.)

The Consumer Product Safety Commission (good luck with this one)

Fashion-Incubator

The Smart Mama

CSPIA –Central

National Bankruptcy Day

Reform CSPIA

Help Us Save Handmade, coolmompicks

Endangered Whimsy, a gallery of handmade products endangered by the CPSIA

Business is Personal

Mom 101

MomsRising.org

Check out the Class Action Lawsuit ]]> http://www.waytobow.com/2009/01/cpsia-information-articles-and-resources/feed/ 1 http://www.waytobow.com/2009/01/new-legislation-threatens-access-to-handmade-goods-for-kids/ http://www.waytobow.com/2009/01/new-legislation-threatens-access-to-handmade-goods-for-kids/#comments Sun, 04 Jan 2009 06:40:00 +0000 admin http://www.waytobow.com/archives/57 Did you know that handmade childrens products may soon be a thing of the past? New legislation goes into affect in February that threatens most small businesses and crafters making products for children. Foreign-made, mass produced toys have introduced a danger to our kids, exposing them to lead and other toxins, and I applaud the government’s effort to eliminate that threat. However, as currently written, the law known as CPSIA mandates expensive product testing by independent labs for each unique product offered, to verify safety. Small businesses that sell limited numbers of unique products simply can not afford thousands of dollars worth of testing per product, and it would be vastly more efficient to conduct testing on raw materials, rather than each finished product. Please contact your Congressional reps and let them know the law needs revisions to insure the livelihood of crafters and small businesses that supply our kids with the highest quality, unique, American-made products. Find out more about CPSIA, its impact on handmade goods, and actions you can take. See also CPSIA Central – Social Network. Most importantly, VOTE (below)!