Senator Dick Durbin on The CPSIA “stuffage”

December 16, 2008

Mrs. Heather —

Dear Mrs. ——

Thank you for contacting me regarding the Consumer Product Safety Commission (CPSC). I appreciate hearing from you and share your concerns.

In July, Congress passed the Consumer Product Safety Improvement Act. The measure, which became law on August 14, 2008, includes a number of provisions I authored to strengthen the Consumer Product Safety Commission’s ability to protect American consumers.

The law authorizes a significant funding increase for the CPSC to hire additional inspectors and upgrade its testing facilities. In addition, the measure directs the CPSC to establish a searchable, online consumer product safety database to make it easier to find information about recalls and product safety concerns.

The Consumer Product Safety Improvement Act also requires that all products marketed for young children be certified as safe by third-party inspectors. Under the new law, product testing may be performed by a company-owned lab only if the lab is CPSC certified, appropriately insulated from the rest of the company’s operations, and can provide equal or greater consumer protection than what would be provided by available third-party labs.

The measure bans the use of lead and toxic phthalates in products manufactured for children aged 12 and younger and requires retailers to label children’s products with tracking information that would aid identification in the event of a recall. Finally, the Consumer Product Safety Improvement Act increases penalties for companies that violate product safety laws.

In 2007, more than 40 million products regulated by the CPSC were recalled, including many popular brands of toys and other children’s products. The recalls hurt consumer confidence and shed light on the CPSC’s inability to adequately protect consumer safety.

I am pleased that Congress voted to pass this much needed legislation. The Consumer Product Safety Improvement Act will provide the CPSC with the resources and authority it needs to better protect American consumers. I will continue to work to provide the CPSC with the resources it needs to keep the American people safe.

Thank you again for your message. Please feel free to keep in touch.

Sincerely,
Richard J. Durbin

United States Senator

RJD/hw

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This is my email to him after his reply….

Dear Senator Durbin,
I understand your concerns about lead and other dangerous toxins/heavy metals in children’s products, I am a mother and aunt myself.
However, there was no provision made in this new legislation for the cottage industry, micro businesses such as crafters or work at home mom who sews clothing for children or makes wood toys in a workshop and do not mass produce products. These new laws will put thousands and thousands of entrepreneurs out of business, they’re trying very hard to make ends meet for their families and start or maintain their small businesses.

Before this law goes into effect, there can be an ammendment made for such people, can’t there??
I did some research on the roots of this legislation and most of the violators which caused the recalls were IMPORTERS and they imported goods from CHINA. These were not micro industries producing one of a kind or custom items for children under very small businesses in America.

I would like some clarification on the part where you refer to this point: “Under the new law, product testing may be performed by a company-owned lab only if the lab is CPSC certified, appropriately insulated from the rest of the company’s operations, and can provide equal or greater consumer protection than what would be provided by available third-party labs. ”

Are you saying that I can test my own wares in my studio for lead, adhering to the testing guidelines, instead of taking it out to a third party lab?

If so, I am interested in hearing a projected cost of how much this would cost businesses like mine to set up. I am a 1 woman operation, I order the supplies, make the item and then sell it online or at craft fairs. If I have to test it to prove it is safe now, that adds an incredible expense to my business operating costs. It is my understanding that an economic feasability study should have been done by the office of the CPSC showing the costs specifically to small businesses such as mine. I have yet to see any of these numbers. So I am forced to determine, the small businesses were not considered in drafting and approving this legislation.

I make clothing and room decor for children. If the paint I use is lead free, and I **KNOW** fabric rarely EVER contains lead, why would this need to be tested? Why would clothing & footwear need to be tested?

I just don’t get this.

I can understand toys, but the legislation should have been enacted to prevent dangerous imports from coming into this company that don’t have nearly any or hardly any of the safety standards the US has in place, and has had in place since the 1950’s!
Why let one bad apple spoil the bunch?
Why let chinese imports ruin the businesses of so many domestically?
American Consumers want a choice in the market and this legislation severely limits the choices they will have on the market, costs will go up ten fold. There needs to be some appropriations/ammendments to this legislation to represent the small businesses and crafters/cottage industries that handmake our items from safe supplies and not mass produce dangerous items or import items from countries which are decades behind in safety standards.
Please, I beg of you, reconsider, there HAS to be something you can do sir,
I know democrats believe in the American dream and the small business person, I am one of those people, sir, and my business will shrivel up and die should I be forced to comply with this law the way it is written. It doesn’t go into effect until Feb. 9th, 2009. There is still time, Senator, Please, PLEASE help people like me!

Sincerely,
Heather ———-
Just a mom working from home, who still believed in the american dream of working hard and providing for my family.

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