S. 374 would amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses.
Detailed Summary
Amends the Consumer Product Safety Act to allow a secondhand seller to sell, offer for sale, or distribute a product or substance that is not in conformity with a consumer product safety rule relating to lead in children's products or to currently-required labeling for children's products. Defines "secondhand seller" to include: (1) consignment or thrift shops; (2) individuals who use the Internet, a yard sale, or other casual means; or (3) a person who sells such a product at an auction to benefit a nonprofit organization.
Delays by six months each required step down in the allowed lead level in children's products. Applies this change as though it had taken effect on August 15, 2008.
Prevents a specified requirement for third-party children's product safety testing from going into effect before August 9, 2009. Applies this change as though it had taken effect on August 15, 2008.
Relieves a manufacturer from the requirement to test or certify a product regarding lead content if the manufacturer has tested and certifies each component of the product.
Prohibits either the Consumer Product Safety Commission (CPSC) or any state attorney general from initiating an enforcement proceeding under the Consumer Product Safety Act or the Federal Hazardous Substances Act regarding product certification and labeling and children's products containing lead until 30 days after the issuance of final rules, regulations, or guidances.
Requires the CPSC to waive any civil penalty for a good faith first violation of a prohibition under the Act.
Requires the CPSC to develop, publish, and distribute a guide to assist small enterprises in complying with the requirements of the Consumer Product Safety Act and other Acts enforced by the CPSC.
Status of the Legislation
Latest Major Action: 2/4/2009: Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.
Points in Favor
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Points Against
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Visitor Comments
Wacky Hermit
February 5, 2009, 10:18am (report abuse)If we don't do something quickly, CPSIA as currently written stands to bankrupt producers of children's goods in the middle of a recession. It is overly broad, covering not only toys, but clothing, bikes, books and libraries, ATVs, BMX bikes that adults use, collectible antiques, and more. It is retroactively applied to items that were legally produced in good faith before the law was even imagined. It makes safe items illegal to sell because they don't have the proper paperwork proving they're lead free, and allows the sale of unsafe items that do have the paperwork. The tests required to get this paperwork are onerously expensive.
We all want children to be safe, but CPSIA does NOT make children safer than they were before. It just makes it harder to do business and encourages confusion about actual safety risks by implying that real risks exist when there are none. CPSIA needs this amendment badly.
Lisa Carroccio Downtown Joey Inc.
February 5, 2009, 10:34am (report abuse)This amendment is so important to the children's apparel industry, both big and small. Most fabric is inherently lead-free. Compenents suchs as snaps, zippers and buttons should be allowed to be tested separately.
Yearly 3rd party testing for my small boys' clothing line will cost $22K! This is too much to bear for a small business. Govt needs to figure out a way to accomplish both lead-free testing at a reasonable cost.
This law affects not only children's product manufacturers, but everyone these firms use: accountants, patternmakers, web design services. See, if we go out of business, we are not going to need any of them!
I urge you to pass this important amendment!
With friendship,
Lisa Carroccio
http://downtownjoey.com
http://thedomesticdiva.wordpress.com
Jonathan
February 5, 2009, 12:34pm (report abuse)Yesssssssssssss, finally someone who listened enough and is standing up for what the people want and need. Thank you, thank you, thank you, Sen. Jim DeMint, let's now keep up the pressure on the rest of Congress to make the necessary changes to not eliminate entire industries by legislative fiat!!!
DHM
February 5, 2009, 12:43pm (report abuse)This overreaching law treats the belongings (clothing, bedding, toys, equipment, books, school supplies and dishes) of 12 year olds as though they posed exactly the same threat as the belongings of 1 year olds. 12 year olds do not typically suck on their socks, so why are socks subject to expensive, redundant lead testing?
The law requires mandatory, expensive, redundant testing for ALL possible, and sometimes impossible and merely pretended, lead in all products for children 12 and under- books, blankets, bikes, underwear, socks, shoes, helmets, school supplies,etc.
This law, as written, treats American books, New Zealand yarn, and Canadian shirts as though they were as dangerous as toys from China, which the facts do not support.
Congress should have only required lead testing for those products and sources shown to be a high risk of lead. Instead, the law is backwards.
debrarae
February 5, 2009, 1:42pm (report abuse)The as written will bankrupt millions of micro and small business owners. Today, it's only children's clothing, toys, furniture etc... Tomorrow (if this type of over regulation continues) it will be every thing else.
For those of you who say that it's for the children, why should we who do not have lead/phylantes in our products have to go BANKRUPT for the sake of OVER REGULATION?
In case you aren't aware, this type of 'testing' will lead to much higher prices on everything you buy. THat will be true even if you MAKE your own clothing.
I pray for the sake of the other small/micro business out there (besides mine) that this 'admending' of the CPSIA passes.
Alex
February 5, 2009, 1:45pm (report abuse)CPSIA overextends the meaningful intent on protecting children from lead found in foreign imports to the point of harming out of work Americans who have turned to home-based businesses creating handmade children's items to make a meager living trying to avoid the need to turn to public assistance by imposing requirements that at are impossible to comply with to continue to stay in business.
CPSIA was quickly and poorly written in reaction to incidents created by Chinese imports. The revisions proposed in this bill are only a start to what is required to both allow American cottage industry to continue and to preserve children's books currently in libraries, text books in use in elementary schools, and sporting equipment currently in use in community and school children's sports. Certainly, Congress had never intended this bill to reach as far as it does. Amendments must be made immediately. Stimulate business, don't restrict it.
Angela
February 5, 2009, 3:22pm (report abuse)I'm thrilled to see someone has been paying attention and understands how detremental this law is. The intentions are good, but the execution is impossible. I hope it will be rewritten in a more specific manner that will not drive us all out of business.
Stacey Wright
February 5, 2009, 7:19pm (report abuse)This bill as it stands will not only put the craftsperson out of business. But it will put all the people who do business with them in harms way. Causing more job loss and higher prices. Small and Micro businesses need help more then ever in this economy.
Many of these businesses where started by people who wanted to stay home with their children. Senior Citizens who needed to supplement their income. Disabled persons who cant work a regular 9-5 job. And then just ordinary people who are tired of the rat race and want to share their love of what they do with others.
It's not right to punish those who are not the problem and give a slap on the wrist to those who are.
I love sharing my one of a kind designs with others. Please do not take my joy away from me and thousands of other small businesses.
Ruth
February 5, 2009, 8:16pm (report abuse)Pass this amendment! CPSIA left as-is will do unbelievable harm to the economy and our country as a whole in ways we can't even fathom yet!
Jessica
February 6, 2009, 10:46am (report abuse)I love what I do, as a small children's clothing designer. I am making every effort to ensure my items are lead free. I have contacted the supply manufacturers that I use; I am scheduling random XRF testing of various supplies just to be safe. Having safe products is of up-most importance. However, 3rd party unit testing rather than component testing and using verified supply manufacturer lead test certificates greatly impacts my business. I will not be able to survive if unit testing is enforced. The law is well intentioned and as a mother I completely understand the direction. However, it needs cleaning up. It needs to be easy for businesses to understand their responsibilities. It has to be manageable to enforce, otherwise it will lead to mass confusion.
bhsimon
February 6, 2009, 1:00pm (report abuse)I am happy to see that the government is recognizing the danger to the business community in The U.S. the this law causes. As a parent I am glad the government wants my children to be safe. I just hope they recognize and ammend the law. If items are manufactured with safe materials then the products produced from those materials would be safe. Applying the law slowly seems a much wiser route to go as it would allow those companies that have goods in stock now that were deemed safe at time of manufacture to be sold so as not to impose economic hardships in these times when companies need help. Not hinderances. I applaud Senator DeMint and those in Congree for seeing the freight train coming down the track this law was taking us and switching us to a more rational course of action.
Aflyonthewall
February 6, 2009, 1:06pm (report abuse)The tiny business owner who takes fabric, leather, yarn, thread, shoelaces, ribbon, zippers, buttons, snaps, interfacing, etc, to take home, cut out and sew together to make items for kids 12 and under should be able to do so without being required to test the item to see if it is safe. If it is not safe by the time it reaches us, it has no business being out in the marketplace for sale. Testing should be taking place well at the place where the zipper or snap or leather or fabric is being made.
I think we need to deal with the imports from China and places like China who do not care what deadly garbage they put in their products as long as they are getting paid and no one is demanding accountablility from them or those who import their stuff.
M Shumpert
February 6, 2009, 7:38pm (report abuse)We need to keep pushing our legislators to support Demints legislation. Lets remind them all that if they are willing to approve $65 million dollars in the stimulus package to make sure people can have their TV, then they ought to be able to spare a few moments of their time to make sure that the parents of poor children can afford to buy them clothes and warm coats.
Lets remind them that it will cost our government nothing to correct this overreaching legislation, but it will cost small business and economically challenged families everything if they do not act.
Your letters to your legislators do make a difference. Send as many as you can, as often as you can. I have written my legislators every week on this issue and Jim DeMint responded!! One time I'm glad to claim my representative!!!!
Again - KEEP THE LETTERS GOING. DON'T GIVE THEM A BREAK, LET THEM KNOW YOU WILL BE HEARD.
Lord's Living World
February 6, 2009, 9:59pm (report abuse)This law has left me in an unenviable position. I have suplemented my full-time work salary with artful products that are safe for children. I paint them with acrylic paints that have been tested and proven safe to use with children, even in their wet form. My family relies on this extra income. The income will be gone due to this bill. Either I will have to quit selling my products or I will have to have expensive testing done. Either way it is a lose lose for me. I have two wonderful healthy sons and would never dream of making an unsafe product. Thank you Senator DeMint for listening to our crys for help. I have sent my Senator, Amy Klobuchar, several emails and received nothing but dead air in response. If I could move to your state tomorrow, I would be there just because you listen.
Gene & Charli
February 6, 2009, 11:39pm (report abuse)This is a badly written bill and makes me wonder if there are any other kinds coming out of DC? Do they even bother reading them first (just what do they do to earn the fab salaries they are paid)?
With the economy going down the tubes and the fact that not one child has been injured by an AMERICAN PRODUCED product makes me wonder why the guns are aiming at us. Is it because they owe to much $$ to China? Or is it because big business own our government?
The law need to be re-written by someone who has some common sense.
What next the outlawing of breast feeding because the breasts aren't boiled first?
I think that every person who voted for the original law needs to stand up and defend his/her vote and then they need to resign or sign an agreement that they will READ every bill BEFORE voting on it. I'm tired of the government doing war on it's citizens. We are THEIR employers not their slaves.
MShumpert
February 7, 2009, 6:45am (report abuse)Good New: Jim Demint Proposed the Amendment to Fix the CPSIA
Bad New: Bill Referred to Committee
Worse News: The Majority of Legislation never gets through the Committee
Action Required: Go to Govtrac website & get committee members address & phone numbers. Write letters & Call them as often as you can to ask for support of Demint's proposal.
ACT NOW!!!
Sarah
February 7, 2009, 3:11pm (report abuse)Adopt this amendment! Thank you, Sen. DeMint, for applying common sense!
As a producer of blankets and bibs (child care articles), I will be subject to the phthalates testing, but cannot afford to test, labs won't work with businesses as tiny as mine, and apparently won't even test items that don't normally contain phthalates (fabric, thread, etc.). I do my utmost to be sure the products I make are well made and pose no risk to children. I am acting responsibly, as are thousands of others. Please, Congress, do the same!
Don't let the "special interests" and their moral superiority to usurp government's authority and misuse it in a (perhaps well-intentioned) way that strangles small, American businesses at a time when our nation's economy is so tenuous. The best stimulus package you can pass is this, allowing small businesses, acting responsibly, to thrive.
Leslie Smotherman
February 8, 2009, 11:26am (report abuse)DeMint's S. 374 is basically a proposal.
DeMint served on the Senatorial Committee that reviewed and wrote the law.
After having read the process by which this law was written, I cannot support DeMint. Yes, he voted against it, but he contributed to it also. Knowing these facts leads me to believe that he knew the bill would pass with or without a YEA or NAY from him.
I think that it is a direct conflict of interest for him to attempt to revise it when he suggested that Attorney Generals should not hold responsibility for the law. The U.S. Code regulations state otherwise - he should have known that.
I believe someone else needs to step up to the plate to scrap it and start over.
Holly Jahangiri
February 10, 2009, 11:53am (report abuse)No matter who wrote it or contributed to it, the CPSIA needs immediate repeal or significant, immediate reforms to prevent further economic harm to families and small businesses in the U.S. - it does little to provide the additional protections to children that it purports to provide, but places an unreasonable financial burden on small businesses and families.
Leslie Smotherman
February 15, 2009, 7:53pm (report abuse)Now that I have read the bill, I realize that the only reform applies to those who can afford testing, or those who are second hand stores.
Please correct me if I am wrong!
See why I was opposed to this!