Wednesday, January 07, 2009

An Unbelievable Law Going into Effect in February!

I'm happy to say there's an update (click here) to the below concern which will exempt used items from being banned...not new ones; even all new books will have to be certified lead-free...and the language of the law is still vague. So continue to pray, and to act on this as you feel led to do.
I can hardly believe what I've learned about a new law coming into effect this February severely limiting sale of children's items: books, clothing, toys, furniture. Even used items would have to be certified lead-free in order to be sold. I can't put it all into my own words very well, so I will copy what was e-mailed to me so you can read it.
And today I found a blog that addresses this law at http://nationalbankruptcyday.com/ ("National Bankruptcy Day" because the day the law is implemented will be the day that many smaller businesses start heading into bankruptcy as a result). If you are skeptical that the US could implement any law that would be so expansive in its costliness and control, read the links below. It's true, and it's incredible. Another link that relates many small business owners' concerns: http://www.squidoo.com/FixCPSIA. Click here for a television news report on the new law, from Austin.

Here is the article in the e-mail; please don't be put off because it initially mentions homeschooling concerns, because the e-mail is directed to homeschoolers; but this incredible law will greatly increase the price of new items, fill garbage dumps, eliminate pricing competition for manufacturers, close many small businesses and thrift shops, and impact any parent who ever bought and intends ever to buy anything used for their children (or grandchildren). One more action you can take in regard to it is pray: pray that the law will be repealed, and that this isn't an indicator of typical controls our government might ever come to implement.

Oh, how I wish this were a joke! But it is a grim and looming, almost Orwellian, reality.

Effective February 10th, in the United States, the sale of all children's books (books intended for children ages 12 and under) is to be PROHIBITED. Every single book printed prior to the ruling is affected, whether new or used. New books in production are required to include a "lead-free" certification and will be the only books that are legal to offer for sale. What does this mean to the homeschooling family? Well, for one, curriculum fairs across the country will be cancelled as book vendors scramble to figure out how to comply with the new ruling. Complete book inventories will have to be destroyed -- the ruling even prohibits giving away the books! Local thrift stores will be hard hit -- most will likely have to close their doors -- yes, even Goodwill and Salvation Army. Clothing, toys and books -- even CDs and DVDs are included in the ruling. Thrift stores will no longer be able to accept or process anything (including clothing) that would be intended for a child. No more library sales. Libraries will not be permitted to give away or sell book donations. It is unsure yet, however, how the libraries' shelves themselves will be impacted (the ruling doesn't explicitly mention "loaning" books, just selling or giving them away). The key word, however, is "distribution" -- libraries may well be required to destroy books from their shelves. (The ruling that originally passed was about toys, but the EPA has since made a statement that clothing, books and media are included in "children's toys".) Just how serious is this new law? Amazon.com has already notified all vendors of their need to comply. No book can be sold at the Amazon site that was printed prior to compliance. And the "compliance" must be coordinated at the manufacturing stage. At the time of this article there is no clause to be able to grandfather-in older books or even rare out-of-print books. It can cost between $500 and $1500 to test a book for lead. I happen to own a children's bookstore specializing in living books from the 1950s and '60s. My punishment for selling a book after February 10th? Up to $100,000 and 5 years in jail. And yes, it is a felony charge. For selling a SINGLE book. (Although I don't think the S.W.A.T. team scenario would become a reality overnight, at the same time I would be leery of blatantly violating Federal law.) So what can you do to help save your local used bookstore that sells children's books? Or that homeschool curriculum business? Or your EBay business selling children's items? ACT NOW before the quickly approaching deadlines:

1) Email or call the CPSIA - the office of the CPSC ombudsman at 888-531-9070.
http://www.cpsc.gov/cgibin/newleg.aspx

Comments on Component Parts Testing accepted through January 30, 2009.
Or email:
Sec102ComponentPartsTesting@cpsc.gov

2) Contact your local [Federal] representatives. For their contact information, just enter your zip code.
http://capwiz.com/americanapparel/dbq/officials/

3) 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

4) Sign the petition.
http://ipetitions.com/petition/economicimpactsofCPSIA/index.html

5) Spread the word! Forward this article. Send an email. Write about this on your blog. Tell others about this issue and encourage them to do the same.

For the complete story, read the following links:
http://www.cpsc.gov/about/cpsia/cpsia.html

Consumer Product Safety Commission Summaries on Legislation Index page for Children's Products Containing Lead; Lead Paint Rule and other rulings
http://www.cpsc.gov/about/cpsia/legislation.html#summaries

Office of the General Counsel FAQ on retroactive inventory requirements -- The use of forward effective dates appears to force current inventories to adhere to the ruling on February 10th, 2009
http://www.cpsc.gov/about/cpsia/summaries/101brief.html

Specific FAQ on their interpretation of books and other media to be included in the testing of lead based products
http://www.cpsc.gov/about/cpsia/faq/101faq.html

Effective Date: Lead content limit of 600 ppm becomes effective 180 days after enactment. An advisory opinion regarding the application of the new lead limit to inventory existing at the effective date can be found on our web site at
http://www.cpsc.gov/library/foia/advisory/317.pdf

Getting the Lead out: There is no lead in children's books
http://news.bookweb.org/news/5695.html

There is no lead in Children's books: From a Pediatrician
http://health.yahoo.com/experts/childhealth/3955/is-there-lead-in-baby-books/

This article was provided with permission by:
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The Homeschooler's Notebook Encouragement and Advice for Homeschool Families
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Vol. 10 No 2 January 8, 2009 ISSN: 1536-2035
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Copyright (c) 2009 - Heather Idoni, FamilyClassroom.net
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