cmpollack
VFG Member
Here's a letter I got back from my congresswoman (about the new CPSIA lead law, which has been discussed in a few previous threads, like this one ). It explains a bit about why the law won't be like an indiscriminate tuna net, snaring innocent vintage dolphin; hopefully things will play out as sensibly as Rep Tsongas says they will:
Dear Carrie:
Thank you for contacting my office regarding the Consumer Product Safety Improvement Act of 2008 (CPSIA). I appreciate your views and having the benefit of your opinion.
The CPSIA, introduced by Representative Bobby L. Rush (D-IL) as H.R. 4040, became public law on August 14, 2008 after passing both houses of Congress by overwhelming margins. I voted for this bill which was a crucial update to the original Consumer Product Safety Act.
For many years, we have known that unsafe levels of lead can cause irreversible brain and nerve damage in children. Since lead poisoning often builds up slowly over time due to repeated exposure, even a product with relatively low amounts of lead can cause lifelong issues. Accordingly, the CPSIA lowers previous lead limit requirements in children's products from 600 parts per million (ppm) to 90 ppm.
The CPSIA also places new limits on a less familiar substance, phthalates, which are used to make vinyl and other plastics soft and flexible. Studies have shown that these chemicals pose a potential danger to children since many phthalate-containing children's products, such as pacifiers and bottles, are placed in a child's mouth for extended periods of time.
These new requirements apply only to products which are primarily intended for children twelve years of age and under. This means that there will be no change in consumer safety policy regarding a wide range of manufactured items. However, as with any complex law, it is important for individuals to educate themselves about how new regulations may affect them and their businesses. For example, CPSIA does not affect safety rules regarding a book which is intended to be read rather than be used for play, or a telescope which may be used by a child but is intended for adults. Nor does it affect the sale of used, vintage books, even those manufactured before 1985, since they would not be expected to be used by children but rather kept as collector's items. Similarly, there is no requirement that libraries test their books for lead content, even those printed before 1980. For further guidance on the specifics of the law, I highly encourage you to refer to the U.S. Consumer Product Safety Commission's (CPSC) Guide to the Consumer Product Safety Improvement Act, available online: http://www.cpsc.gov/about/cpsia/smbus/sbguide.pdf.
The overarching goal of the CPSIA is to protect children from harmful substances that may be hidden to their parents. Though new regulations can create a burden for manufacturers, retailers, and re-sellers, a number of the claims made about the law have been exaggerated or false. Certain industries have argued in recent months that the law's mandates will destroy their productivity. The CPSC is currently examining items and industries for which the bill may, in fact, place unintended restrictions - including off-terrain vehicles; but for others, these claims are simply founded on an inaccurate understanding of the law. These rumors have even extended to fears that individuals will be prevented from holding yard sales unless they have each of their items tested. This is not true. The CPSIA does not change the liability rules for retailers and re-sellers-including individuals at yard sales and swap meets-that have been in place for years.
As in past years, a re-seller, such as a thrift store, may choose to have potentially lead-containing children's products tested using an X-Ray Fluorescence (XRF) machine, thus guaranteeing that no children are put in needless danger of lead poisoning. On the other hand, if a re-seller has no reason to believe that a children's product contains lead, the re-seller has no reason to have that product tested before selling it. Despite hyperbolic claims, the system is quite sensible: if a re-seller suspects that an item might contain toxins dangerous to children, he shouldn't be selling it, and if he believes that it does not, he should have no fears of liability. Once again, the CPSC's guide provides further details about product testing and accountability for manufacturers and sellers.
Any individual whose business deals with products which are primarily intended for children twelve years of age and under can get educated about CPSIA and learn about the ways in which the new regulations may affect you. And, if you need any additional assistance, please don't hesitate to contact my office.
Please do not hesitate to contact my office in the future with questions or concerns. If you would like to see what I've been doing in Washington DC, or to get my views on a certain issue, please visit my website at http://tsongas.house.gov.
Sincerely,
Niki Tsongas
Member of Congress
Dear Carrie:
Thank you for contacting my office regarding the Consumer Product Safety Improvement Act of 2008 (CPSIA). I appreciate your views and having the benefit of your opinion.
The CPSIA, introduced by Representative Bobby L. Rush (D-IL) as H.R. 4040, became public law on August 14, 2008 after passing both houses of Congress by overwhelming margins. I voted for this bill which was a crucial update to the original Consumer Product Safety Act.
For many years, we have known that unsafe levels of lead can cause irreversible brain and nerve damage in children. Since lead poisoning often builds up slowly over time due to repeated exposure, even a product with relatively low amounts of lead can cause lifelong issues. Accordingly, the CPSIA lowers previous lead limit requirements in children's products from 600 parts per million (ppm) to 90 ppm.
The CPSIA also places new limits on a less familiar substance, phthalates, which are used to make vinyl and other plastics soft and flexible. Studies have shown that these chemicals pose a potential danger to children since many phthalate-containing children's products, such as pacifiers and bottles, are placed in a child's mouth for extended periods of time.
These new requirements apply only to products which are primarily intended for children twelve years of age and under. This means that there will be no change in consumer safety policy regarding a wide range of manufactured items. However, as with any complex law, it is important for individuals to educate themselves about how new regulations may affect them and their businesses. For example, CPSIA does not affect safety rules regarding a book which is intended to be read rather than be used for play, or a telescope which may be used by a child but is intended for adults. Nor does it affect the sale of used, vintage books, even those manufactured before 1985, since they would not be expected to be used by children but rather kept as collector's items. Similarly, there is no requirement that libraries test their books for lead content, even those printed before 1980. For further guidance on the specifics of the law, I highly encourage you to refer to the U.S. Consumer Product Safety Commission's (CPSC) Guide to the Consumer Product Safety Improvement Act, available online: http://www.cpsc.gov/about/cpsia/smbus/sbguide.pdf.
The overarching goal of the CPSIA is to protect children from harmful substances that may be hidden to their parents. Though new regulations can create a burden for manufacturers, retailers, and re-sellers, a number of the claims made about the law have been exaggerated or false. Certain industries have argued in recent months that the law's mandates will destroy their productivity. The CPSC is currently examining items and industries for which the bill may, in fact, place unintended restrictions - including off-terrain vehicles; but for others, these claims are simply founded on an inaccurate understanding of the law. These rumors have even extended to fears that individuals will be prevented from holding yard sales unless they have each of their items tested. This is not true. The CPSIA does not change the liability rules for retailers and re-sellers-including individuals at yard sales and swap meets-that have been in place for years.
As in past years, a re-seller, such as a thrift store, may choose to have potentially lead-containing children's products tested using an X-Ray Fluorescence (XRF) machine, thus guaranteeing that no children are put in needless danger of lead poisoning. On the other hand, if a re-seller has no reason to believe that a children's product contains lead, the re-seller has no reason to have that product tested before selling it. Despite hyperbolic claims, the system is quite sensible: if a re-seller suspects that an item might contain toxins dangerous to children, he shouldn't be selling it, and if he believes that it does not, he should have no fears of liability. Once again, the CPSC's guide provides further details about product testing and accountability for manufacturers and sellers.
Any individual whose business deals with products which are primarily intended for children twelve years of age and under can get educated about CPSIA and learn about the ways in which the new regulations may affect you. And, if you need any additional assistance, please don't hesitate to contact my office.
Please do not hesitate to contact my office in the future with questions or concerns. If you would like to see what I've been doing in Washington DC, or to get my views on a certain issue, please visit my website at http://tsongas.house.gov.
Sincerely,
Niki Tsongas
Member of Congress
