Congress just lost their CPSIA scapegoat

As Congress follows Henry Waxman’s lead, insisting that the CPSC has the authority to use “common sense” in implementing the CPSIA, new CPSC decisions and Commissioner’s own statements again make it clear they have no such power.

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!

Welcome support for CPSIA fighters

A couple of recent publications worthy of note (great articles to share and inform):

Getting the Lead Out Kills Small Businesses, Doesn’t Save Children 7/15/09
by H. Sterling Burnett and Michael Hand
National Center for Policy Analysis (NCPA)

EDITORIAL: Lead in the head, Safety regulations kill jobs 7/16/09
The Washington Times
(thanks to @NAM_Shopfloor for tweeting the link to this editorial)

Note: the Washington Times editorial may reach a larger audience unfamiliar with the vast negative implications of the CPSIA.  Consider leaving a comment there with your story, and/or praise the media for (finally) reporting on this issue responsibly.

Also, I have added a list of “CPSIA Information Resources” in the right column of the “CPSIA News” category.  I rely on these sources and I know you will find them helpful.