Legislation is set to begin next month banning resale of children's clothes and toys unless testing is done on the items by the seller. I wish the govt. had other things to worry about...
I cannot even fathom what type of effect that this will have on home based businesses who cater to children's items as well.
The End of Second-Hand Kids' Clothes and Toys?
"Barring a reprieve, regulations set to take effect next month [Feb. 10] could force thousands of clothing retailers and thrift stores to throw away trunkloads of children's clothing."
Read the rest of the L.A. Times article, "New safety rules for children's clothes have stores in a fit"
And this from San Francisco's KCBS: Thrift Stores: New Child Product Safety Laws Too Costly
And this response from The Simple Dollar.
I'm stunned. On one hand, there's no doubt about the need to protect children. On the other, the economic effect this act will have on families who depend on thrift and consignment stores to clothe their children is unmeasurable. And yet smoking cigarettes around kids is perfectly legal as are so many other activities and products that we identified as health hazards years ago.
Find links press coverage and resources for taking action at the Handmade Toy Alliance website and a wealth of information on taking action at I Heart Handmade (This Crafty Mom). Spread the word. And by all means, post about this issue on your blog, if you have one. Maybe we can prevent "National Bankruptcy Day" from happening.
Gov't Says, Sorry, No More Reselling Your Kids' Stuff
I want to be clearer and more specific about the effect the CPSIA (Consumer Products Safety Improvement Act) will have on reselling when it goes into effect on February 10. As clear as I can be, that is, since it seems there's an awful lot of confusion.
You will no longer be able to place used children's clothes or toys into the "stream of commerce" unless you can prove that they've been tested for lead and pthalates. Items manufactured after Feb. 10 will boast a permanent tracking label which will do just that. As I and others understand it, that means no selling items without such proof on ebay, Craigslist, yard sales, and church/organization consignment sales (See if your favorite sales are still scheduled). Of course, that means no buying kids' clothes and toys without the label from these sources either. This act could easily triple the amount that many families pay to clothe their kid until there are enough second-hand items manufactured after Feb. 10 to replenish the second-hand market (and even then it's likely that prices at thrift stores, etc. will be higher due to the added cost of testing them). It will absolutely eliminate the notion of recouping any of the cost of older items through reselling.
What about donations? My research tells me that you won't be able to donate your used kids' clothing and toys to Goodwill, the Salvation Army, or any place that would resells. They'd have to have proof that you had it tested for lead and pthalates. What that means for charities like Project Linus, which gives blankets to hospitalized newborns, or to charities that distribute clothing and toys without selling them, is unknown.
So can you give away your stuff on Freepeats, Freecycle, and Craigslist? What about swap meets? I've found one commenter that says no. Beyond that, there's little mention of it.
I do know one thing: If the goverment wants individuals to comply with this Act, it's going to have to do a better job of informing them. Until the government informs me otherwise, I'm going to assume that giving away your stuff on Freepeats will be okay.
The problem with that, Ryan, is that the buttons or other materials may not necessarily be free of tainted materials. Personally, I think putting a tag on clothes that says they have NOT been tested for lead or pthalates and letting the buyer beware is the proper solution.
This law is an enormous clusterf*** that is a prime example of cutting off your nose to spite your face. As with most poorly-written regulation, small businesses who follow the rules are unfairly burdened and corporations who can afford the testing are minimally inconvenienced. The big companies keep on importing cheap Chinese-made toys. The Chinese find other ways to cut costs that introduce other poisons into our toys and clothing, and thousands upon thousands of American jobs and livelihoods are lost.
And only four members of Congress had the clarity of thought to vote against this?
Brian Pedaci wrote:The problem with that, Ryan, is that the buttons or other materials may not necessarily be free of tainted materials. Personally, I think putting a tag on clothes that says they have NOT been tested for lead or pthalates and letting the buyer beware is the proper solution.
This law is an enormous clusterf*** that is a prime example of cutting off your nose to spite your face. As with most poorly-written regulation, small businesses who follow the rules are unfairly burdened and corporations who can afford the testing are minimally inconvenienced. The big companies keep on importing cheap Chinese-made toys. The Chinese find other ways to cut costs that introduce other poisons into our toys and clothing, and thousands upon thousands of American jobs and livelihoods are lost.
And only four members of Congress had the clarity of thought to vote against this?
that is a good point. the careers of the Congressmen who voted for this must be destroyed.
How about let's f---ing regulate the FDA in our own country on what they allow???
That is the most insane thing I have read in a long time, which is why I quit reading the news. If there is any freaking chance of toxins in the clothing, why would our kids be allowed to wear them the first time?
Can we at least ship the clothing to third world countries? Where my sister is in Africa, owning shoes means you are rich.
"Love and compassion are necessities, not luxuries. Without them humanity cannot survive" Dalai Lama
The LECPTA probably will have to move the Baby Bargain Bonanza up a couple months or cancel.
Give it a year and the new stuff now will be in second hand stores (if any are still around). In the meantime, buy some stock in childrens clothing stores.
I was going to sue her for defamation of character but then I realized I had no character – Charles Barkley
Justine Cooper wrote:How about let's f---ing regulate the FDA in our own country on what they allow???
That is the most insane thing I have read in a long time, which is why I quit reading the news. If there is any freaking chance of toxins in the clothing, why would our kids be allowed to wear them the first time?
Can we at least ship the clothing to third world countries? Where my sister is in Africa, owning shoes means you are rich.
I don't know about lead in polyester clothing. one of the prime time news shows ran a story about the danger of fireproofing chemicals in textiles. apparently they are kind of toxic. especially when they burn anyways. They are banned in much of europe.
I suspect the process of making more fabrics, dying and printing on the fabrics, then shipping them all the way from mexico or asia, produces more pollution.
This is probably more about increasing the frequency of fashion cycles and selling more merchandise.
Just an update on my letters sent via that automated site:
Three letters were sent out via the site above to our reps, Dennis Kucinich, Sherrod Brown, and George Voinovich.
I immediately got an automated response from Sherrod Brown's office than a follow up email regarding his position on it. When I tried to respond, I realized it was from a 'Do not reply" address. Way to engage your consituents, dude. They are like phantoms. So I went to his site and sent a response via his own form letter but haven't heard back.
At least he responded, however. I haven't gotten a damn thing from the other two. Nothing from Dennis, who is my OWN "local" rep, no less!!!
I am not one to take child safety lightly. I was one of the first few people that I knew that was on top of the BPA thing. I'm saying this because I cursed the govt/FDA for not doing more to protect us on that one and here I am getting upset when they suddenly are 'trying to protect us.'
I'm sorry, but a knee-jerk, poorly written piece of legislation that has a much more far-reaching effect than they realized is NOT protecting our children from toys from China tainted with lead! What a crock of shit! What they have done is hamstrung the entire manufacturing process, especially for the smaller and home businesses. Short-sighted politicians. But they did this for the CHILDREN, so that makes the crap that it causes okay.
So am I reading right that we can import all the hazardous things in every area (dog and cat food, kids' toys, clothing, etc.) but AFTER we import them here, it is up to us to get them checked before we sell them to others????
FYI I don't sell since I have enough family to give the stuff away or send them to Africa, BUT I do buy second hand and it is the growing trend in every big city and makes sense. I went to the mall the first time in as long as I could remember to update my wardrobe for student teaching. Needless to say, the first time I put an item from New York Co. the buttons came right off! The stuff is crap in the "new" stores so I would prefer to buy second hand clothing that is better made. I guess the toxins are OK for us adults though.
Whose idea was this?
"Love and compassion are necessities, not luxuries. Without them humanity cannot survive" Dalai Lama
Thank you for contacting me regarding H.R.4040, the Consumer Product Safety Improvement Act, specifically provisions setting a deadline to prohibit the manufacture and sale of children's products that contain lead and phthalates.
The negative health effects of both these substances have been extensively documented and studied. Research has found phthalates exposure linked to decreased fertility capacity in men, premature birth in women, and asthma symptoms in children. In 2005, a University of Rochester School of Medicine study found that pregnant women with high levels of phthalates in their urine were more likely to give birth to boys with birth defects in their reproductive systems.
Ingestion and inhalation of lead has long been known to cause damage to the nervous system, with young children especially vulnerable. Lead poisoning can cause blood and brain disorders, as well as gastrointestinal, reproductive, and kidney problems. Although the number of children with elevated blood lead levels has decreased over the past several decades, the treatment of lead poisoning accounts for the vast majority of the $43.4 billion spent on pediatric environmental disease.
To combat childhood exposure to these substances, Congress passed, and the President signed into law, H.R.4040 in the summer of 2008. Provisions of this law require that beginning February 10, 2009, manufacturers of children's products cannot sell children's products that violate lead standards or contain phthalates.
Since passage, many companies, particularly small manufacturers, have expressed concern that these requirements present a significant hardship. While these companies express agreement with the need to restrict lead and phthalates, they have asked for some aspects of the requirements to be re-evaluated.
I supported passage of H.R.4040 and strongly agree with the need to keep these dangerous substances away from children. The Consumer Product Safety Commission’s Office of General Counsel has also concluded that products containing high lead content cannot be sold after February 10, 2009. As it relates to phthalates, Congress created a consumer product safety standard which will apply to products manufactured after February 10, 2009. As Congress continues to examine this issue, I will work to see that this legislation does not adversely hurt Ohio’s small business and manufacturing community. Additionally, while I am not currently a member of the Senate Commerce Committee, which has primary jurisdiction over consumer product safety, I will share concerns I have received from constituents with relevant individuals. Thank you again for contacting me.
And my additional response (cribbed from the Facebook group I joined on this) that I havent gotten a comment back on:
Mr. Brown:
In 2007, large toy manufacturers who outsource their production to China and other developing countries violated the public's trust. They were selling toys with dangerously high lead content, toys with unsafe small parts, toys with improperly secured and easily swallowed small magnets, and toys made from chemicals that made kids sick. Almost every problem toy in 2007 was made in China.
The United States Congress rightly recognized that the Consumer Products Safety Commission (CPSC) lacked the authority and staffing to prevent dangerous toys from being imported into the US. So, they passed the Consumer Product Safety Improvement Act (CPSIA) in August, 2008. Among other things, the CPSIA bans lead and phthalates in toys, mandates third-party testing and certification for all toys and requires toy makers to permanently label each toy with a date and batch number.
All of these changes will be fairly easy for large, multinational toy manufacturers to comply with. Large manufacturers who make thousands of units of each toy have very little incremental cost to pay for testing and updating their molds to include batch labels. For small American, Canadian, and European toymakers, however, the costs of mandatory testing, to the tune of up to $4,000 per toy, will likely drive them out of business. And the handful of larger toy makers who still employ workers in the United States face increased costs to comply with the CPSIA, even though American-made toys had nothing to do with the toy safety problems of 2007. Toy makers won't be the only ones impacted by the CPSIA, the thousands of US businesses who offer clothing, jewelry and other gifts for children --in essence-- the entire children's industry will be as well.
The CPSIA simply forgot to exclude the class of toys that have earned and kept the public's trust. The result, unless the law is modified, is that handmade children's products will no longer be legal in the US.
Thriving small businesses are crucial to the financial health of our nation. Let's amend the CPSIA so that all businesses large and small are able to comply and survive!
If there is a concern about lead and children's disabilities why in God's name did our last governor do everything he could to NOT make the paint companies (ie Sherwin Williams) who KNOWINGLY made and used paint with lead in it FAR after they had documentation of the damage, clean up the homes with lead paint? Well because they were mostly inner city.
Our own government doubled mercury in immunizations in the nineties, coincidentally the same time ADHD, Autism, allergies and asthma all skyrocketed in children. Mercury is the second deadliest chemical on the planet, but hey it save the drug companies money. Of course all "research" they do will show no relation to those disorders.
I just don't believe our government has given much of a damn about the children when it comes to making money. So this legislature seems even more ridiculous. And, how will they govern it? Will they hire more people to enforce this law?
Great letter Valerie. I hope they rewrite it while they are rewriting NCLB.
"Love and compassion are necessities, not luxuries. Without them humanity cannot survive" Dalai Lama
