
Legislative Update
January 9, 2009
As
a result of the outcry from citizens, small business owners, and
non-profits, the U.S. Consumer Product Safety
Commission (CPSC) has
released an important memo on its policy for sellers of used children's products, including used books.
A Law Affecting Children's Items
The
memo clarifies policy regarding the Consumer Product Safety Improvement
Act that affects selling
children's items. According to this law,
beginning February 10, 2009, products for children 12 years old and
younger cannot be sold if they contain more than
600 parts per million
(ppm) total lead. Children's products such as books that may contain
lead in the paper or ink and are accessible to children through
touch
are included. The statute indicates that paint, coatings, or
electroplating may not be considered a barrier that would make the lead
content of a product
inaccessible to a child.
Good News for Used Book Sellers
According
to the new CPSC memo, the new safety law does not require resellers or
sellers of used
children's products to test products for compliance
with the lead limit before they are sold.
"The new law
requires that domestic manufacturers and importers certify that
children's products made after
February 10 meet all the new safety
standards and the lead ban. 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.
"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. However, resellers cannot sell
children's products that exceed the lead limit and therefore should
avoid products that are likely to have
lead content, unless they have
testing or other information to indicate the products being sold have
less than the new limit. Those resellers that do sell
products in
violation of the new limits could face civil and/or criminal penalties."
As of August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC web
site (www.cpsc.gov) for information on recalled products before selling items for children 12 years old and younger.
New Book Sales Still in Limbo
New
books printed prior to the ruling are also affected by the law changes.
As the law is now written, new
books in production are required to
include a "lead-free" certification to be legal to sell. This will
greatly affect booksellers at homeschool conventions and local
curriculum fairs, as well as books sold on the Internet. It will also
affect the availability of books for homeschoolers to purchase.
WHAT CAN YOU DO?
Contact your local representatives. For their contact information, enter your zip code at the following
link: http://capwiz.com/americanapparel/dbq/officials/. Once you have found your representatives, click on "Issues & Legislation" for a sample letter.
E-mail or call the the office of the CPSC ombudsman at 888-531-9070 or www.cpsc.gov/cgibin/newleg.aspx
Call
301-504-7923 and ask for Nancy Nord, the acting head of the Consumer
Product Safety Commission; if
she's busy, leave a message.
Make your voice heard by voting on this issue! The top 3 in each category will be presented to President-elect Obama.
http://change.org/ideas/view/save_handmade_toys_from_the_cpsia
ACT NOW before the February 10 deadline!
Sincerely,
Yvonne Bunn
Director of Homeschool Support and Legislative Affairs