PLEASE HELP! Exempt ATV's/motorcycles from lead testing
- Thread starter RMKcowboy
- Start date
... what a crock of chit
O
Oregongirl
Well-known member
Response from my rep
Let me first say that I have not read this entire thread.....
However, I did write my rep and below is his response.
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Dear Ms. Rainsberry:
Thank you for your recent message regarding the Consumer Product Safety Improvement Act. I appreciate hearing from you.
As you know, on February 10th the Consumer Product Safety Improvement Act becomes effective. The bill was a response to importers bringing in dangerously unsafe products from China. The bill passed the House by a vote of 407 to 1 as it was considered a common sense piece of legislation that was designed to keep our children safe.
Unfortunately the Bush Administration's Consumer Product Safety Commission, which is in charge of drafting regulations in order to enforce the new law, did a poor job of explaining what was expected of retailers and consumers and have written what I believe are overly strict interpretations of the law. As a result, countless retailers, thrift stores, charities and even small toy manufacturers have contacted my office in confusion not knowing what they are or are not allowed to do when the law becomes effective.
One if the main points of contentions is the new provision that bans lead in excess of 600 parts per million in children's products. While we can all agree it is important to protect our children from this dangerous substance, the CPSC provided little to no guidance to consumers, retailers or manufacturers on exactly what is expected of them when the law becomes effective. As a result rumors spread across the internet and amongst retailers about the new law, many of them untrue.
The CPSC recently announced that it will be delaying the implementation of testing and certification requirements for manufacturers and importers of children's products for a year. It also released a press release (located at www.cpsc.gov ) intended to provide guidance to consumers that did speak to some of these concerns. The release stated:
The new law requires that domestic manufacturers and importers certify that children's products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children's products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.
The new safety law does not require resellers to test children's products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children's products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.
Furthermore, in response to complaints from small manufacturers, the CPSC is now considering some exemptions to the new regulations. Specifically, they are considering an exemption from testing certain materials that are not scientifically known to contain lead (like wood, cotton, gemstones, leather, etc), as well as looking into easing restrictions on batch testing for small manufacturers. The current regulation mandates all products be tested for lead, as well as all of its components. This is a burden for small manufacturers.
Some groups have responded to this confusion by trying to exempt these new standards from unsold or used inventory. I am opposed to this. If a product is unsafe, it is unsafe. It doesn't matter when it was made.
That being said, I feel the recent efforts by the CPSC have provided some clarification for retailers and manufacturers, and the delay provides enough time for the clarifications of further rulings to take effect. However I believe more can be done. I recently sent a letter to the CPSC asking them to respond to a series o f detailed questions so people will get accurate information about this new law. Once I receive a response I will forward it to you.
Thanks again for contacting me. Please keep in touch.
Sincerely,
Rep. Peter DeFazio
Fourth District, OREGON
Let me first say that I have not read this entire thread.....
However, I did write my rep and below is his response.
--------------------------------------
Dear Ms. Rainsberry:
Thank you for your recent message regarding the Consumer Product Safety Improvement Act. I appreciate hearing from you.
As you know, on February 10th the Consumer Product Safety Improvement Act becomes effective. The bill was a response to importers bringing in dangerously unsafe products from China. The bill passed the House by a vote of 407 to 1 as it was considered a common sense piece of legislation that was designed to keep our children safe.
Unfortunately the Bush Administration's Consumer Product Safety Commission, which is in charge of drafting regulations in order to enforce the new law, did a poor job of explaining what was expected of retailers and consumers and have written what I believe are overly strict interpretations of the law. As a result, countless retailers, thrift stores, charities and even small toy manufacturers have contacted my office in confusion not knowing what they are or are not allowed to do when the law becomes effective.
One if the main points of contentions is the new provision that bans lead in excess of 600 parts per million in children's products. While we can all agree it is important to protect our children from this dangerous substance, the CPSC provided little to no guidance to consumers, retailers or manufacturers on exactly what is expected of them when the law becomes effective. As a result rumors spread across the internet and amongst retailers about the new law, many of them untrue.
The CPSC recently announced that it will be delaying the implementation of testing and certification requirements for manufacturers and importers of children's products for a year. It also released a press release (located at www.cpsc.gov ) intended to provide guidance to consumers that did speak to some of these concerns. The release stated:
The new law requires that domestic manufacturers and importers certify that children's products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children's products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.
The new safety law does not require resellers to test children's products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children's products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.
Furthermore, in response to complaints from small manufacturers, the CPSC is now considering some exemptions to the new regulations. Specifically, they are considering an exemption from testing certain materials that are not scientifically known to contain lead (like wood, cotton, gemstones, leather, etc), as well as looking into easing restrictions on batch testing for small manufacturers. The current regulation mandates all products be tested for lead, as well as all of its components. This is a burden for small manufacturers.
Some groups have responded to this confusion by trying to exempt these new standards from unsold or used inventory. I am opposed to this. If a product is unsafe, it is unsafe. It doesn't matter when it was made.
That being said, I feel the recent efforts by the CPSC have provided some clarification for retailers and manufacturers, and the delay provides enough time for the clarifications of further rulings to take effect. However I believe more can be done. I recently sent a letter to the CPSC asking them to respond to a series o f detailed questions so people will get accurate information about this new law. Once I receive a response I will forward it to you.
Thanks again for contacting me. Please keep in touch.
Sincerely,
Rep. Peter DeFazio
Fourth District, OREGON
Here is a copy of the nice "canned" response from Senator Patty Murray aka "mom in tennis shoes" ... what a crock!
"Thank you for contacting me regarding H.R. 4040, the Consumer Product Safety Improvement Act of 2008, sponsored by Rep. Bobby Rush (D-IL-1), which became public law on August 14, 2008. I appreciate hearing from you about this important issue.
As you know, the Consumer Product Safety Improvement Act (CPSIA) strengthened safety regulations on children's products, particularly regarding the amount of lead and certain phthalates they are allowed to contain. CPSIA mandates that children's products containing more than 600 parts per million (ppm) total lead cannot be sold on or after February 10, 2009, even if they were manufactured before that date. On August 14, 2009, the total amount of allowable lead content per product drops to 300 ppm.
CPSIA requires that domestic manufacturers and importers certify that children's products made after February 10, 2009 meet all new safety standards, including the lead restriction. Sellers of used children's products, such as thrift or consignment stores or "resellers", do not have to certify that those products meet the new lead limits or toy standards.
Although resellers are not required to test children's products for compliance with the new lead limits, H.R. 4040 prohibits resellers from selling children's products that exceed the lead limits. Therefore, resellers are avoiding selling products that are likely to have lead content, unless they have testing or other information to indicate those products contain less lead than the new limit allows.
I understand that the regulations enacted in CPSIA will require sellers of children's products to meet high standards of safety and certification. As we move forward in the 111th Congress, I will closely monitor this situation and be in touch with the CPSC regarding the feedback you provided and concerns from businesses about the new regulations. I share your concerns that these regulations could put hard-working business owners out of business, and I will continue to talk to the CPSC and my Senate colleagues about your concerns. Thank you for contacting me, and please feel free to contact me again in the future."
I'm sure she will "closely monitor this situation"
Once again, the Dems will jump in and "save" our children for us! More regulations will save their constituents from ourselves since we obviously can't look out for our own children ... right???
"Thank you for contacting me regarding H.R. 4040, the Consumer Product Safety Improvement Act of 2008, sponsored by Rep. Bobby Rush (D-IL-1), which became public law on August 14, 2008. I appreciate hearing from you about this important issue.
As you know, the Consumer Product Safety Improvement Act (CPSIA) strengthened safety regulations on children's products, particularly regarding the amount of lead and certain phthalates they are allowed to contain. CPSIA mandates that children's products containing more than 600 parts per million (ppm) total lead cannot be sold on or after February 10, 2009, even if they were manufactured before that date. On August 14, 2009, the total amount of allowable lead content per product drops to 300 ppm.
CPSIA requires that domestic manufacturers and importers certify that children's products made after February 10, 2009 meet all new safety standards, including the lead restriction. Sellers of used children's products, such as thrift or consignment stores or "resellers", do not have to certify that those products meet the new lead limits or toy standards.
Although resellers are not required to test children's products for compliance with the new lead limits, H.R. 4040 prohibits resellers from selling children's products that exceed the lead limits. Therefore, resellers are avoiding selling products that are likely to have lead content, unless they have testing or other information to indicate those products contain less lead than the new limit allows.
I understand that the regulations enacted in CPSIA will require sellers of children's products to meet high standards of safety and certification. As we move forward in the 111th Congress, I will closely monitor this situation and be in touch with the CPSC regarding the feedback you provided and concerns from businesses about the new regulations. I share your concerns that these regulations could put hard-working business owners out of business, and I will continue to talk to the CPSC and my Senate colleagues about your concerns. Thank you for contacting me, and please feel free to contact me again in the future."
I'm sure she will "closely monitor this situation"
Once again, the Dems will jump in and "save" our children for us! More regulations will save their constituents from ourselves since we obviously can't look out for our own children ... right???
