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| CPSIA Watch: Libraries, Charities, Children, Consumer Goods Hardest Hit. [jdub]I’m sure that some of you have been following this, at least sort of out of the corners of your eyes. But as more details emerge, the CPSIA debacle is proving more and more to be a perfect example of what happens when Congress acts precipitately and the Law of Unintended Consequences catches up. CPSIA was the legislation passed practically overnight to protect tow-headed American children from eeevil lead and pthalates, if you'll recall. For a decent introduction to the problem, go here. So what? Well, for example, libraries are unsure as to whether they can circulate childrens’ books made before 1984. Some libraries are already tossing or removing to storage thousands of books... here's one estimate of the cost to a single library: 3 million and change. Goodwill and other resellers are tossing out childrens’ clothes left and right. One-half of the Omaha area’s secondhand childrens’ clothing has been discarded. Kawasaki, Honda, and Yamaha have stopped selling dirtbikes and replacement parts:The value of inventories that now cannot be sold is unknown, but it probably exceeds $100 million, by our estimate. Just take 7,500 franchised dealers, many of whom carry $25,000 worth of inventory at wholesale cost.Who needs free books or cheap clothes in this economy anyway, right? Or retail jobs, or charity? Overlawyered has pretty much flooded the zone on this -- I don’t want to simply link all of the things he’s got, so give him a look. His CPSIA archive is here. Go. Read. Be angry. So, to recap: Henry Waxman and his accomplices (including, we should note, many Republicans,) have managed to pass a bill which, inter alia, 1) requires the destruction or other removal of huge supplies of secondhand clothes, in winter, 2) may or may not preclude libraries from lending huge chunks of their childrens’ collections, 3) effectively removes as-yet-uncalculated amounts of inventory from salability from small- and medium-size businesses, without compensation. In the middle of (as we are constantly told) the greatest economic crisis since the Great Depression. And these examples are just the tip of the iceberg... the economic effects of this legislation reach in every direction, most of which were, of course, unanticipated. This is what happens when Congress gets the panicked urge to do something, anything, in a hurry. You’re not aware of any other pieces of legislation that fit that bill, are you? I mean, surely they can’t be that stupid, right? Right? UPDATE: A commenter asks if this includes, for example, eBay. In order to crack down on online sites such as Craigslist and Ebay, the CPSC says, they are currently working with an internet surveillance team to watch over the online marketplaces. Comments1
I could go for some pthalation right now.
Posted by: Big Fat Meanie at February 16, 2009 11:48 AM (n2eCn) 2
Not only is it laden with iron -- "childrens’ books made before 1984" -- this is a 'taking.'
I should say, 'Yet another taking.' Posted by: Faye Kinnitt at February 16, 2009 11:58 AM (l1oyw) 3
Government-mandated obsolescence. This forces consumers to buy new products instead of (horrors) relying on hand-me-downs. But is there any prohibition against selling the contraband on eBay, or at a garage sale?
I've been to Africa--that stuff will wind up there (I was at an African school in 2001 and I swear some kid was wearing the same OJ Simpson jersey I wore in 1979). Posted by: Big Fat Meanie at February 16, 2009 11:59 AM (n2eCn) 4
Orwell's 1984 gave us Big Brother. America in 2009 gives us Big Mother. One of these days, we'll figure out that, in our form of government, each new law that is passed is specifically designed to prohibit something. We are free, except when a law forbids an action or process. Another one of these days, we'll figure out that lawyers are making money from the laws they themselves create. And that is the only point of creating any law these days. Posted by: BackwardsBoy at February 16, 2009 12:00 PM (ZGhSv) 5
Thanks for posting about this and helping spread the word! All we need is to tell America the truth about this law; their natural outrage at this overreach will do the rest.
Several bills have now been proposed to make much-needed changes to CPSIA. Currently they are all sitting in committee, and you can bet your bottom dollar that those Democrats who dominate the committees (who fully supported CPSIA) are going to keep sitting on them until we light a fire under their butts. Please write to your Senators, your Representatives, the House Committee on Energy and Commerce, and the Senate Committee on Commerce, Science, and Transportation. Urge your own Senators and Representatives to write a letter of support for these bills to the committees, and urge the committees to allow these bills to be debated and put to a vote. These are the bills: S. 374/HR 968: these are identical and make the most sweeping changes, including eliminating retroactivity and exempting thrift stores and small businesses, and allowing non-prosecution in cases of good faith. S. 389: this one only delays the implementation of CPSIA, but making the CPSC's stay of enforcement official will be better than the chaos that is still in place by only having the law half enforced. HR 1027: this one only exempts thrift stores; BMX bikes, apparel, etc. would still be affected. If everyone who reads this blog wrote one letter or made one phone call, that would help enormously. And anyone who's willing to do more than one-- bless you! All but a few Congressmen do not yet believe that the public could be opposed to this law. Many of them didn't read it and still have no clue that it applies to anything other than toys, or that it does nothing to make kids any safer than they were without it. Please help me convince them! Posted by: Wacky Hermit at February 16, 2009 12:03 PM (1OwrP) 6
What makes you think that they are "unintended"?
I mean, I know the adage about never ascribing to malice that which can be explained by stupidity. But even the willfully stupid cannot possibly be THIS dumb. Which leaves malice. Posted by: brian at February 16, 2009 12:04 PM (PC3tf) 7
RUN FOR YOUR LIVES! IT'S ALAR! RUN FOR YOUR LIVES! IT'S RADON! RUN FOR YOUR LIVES! IT'S SECOND HAND SMOKE RUN FOR YOUR LIVES! IT'S MONKEY BARS RUN FOR YOUR LIVES! IT'S RED DYE #2 RUN FOR YOUR LIVES! IT'S MEASLE VACINATIONS! RUN FOR YOUR LIVES! IT'S TRANSFAT! RUN FOR YOUR LIVES! IT'S BUSH Posted by: polynikes at February 16, 2009 12:06 PM (m2CN7) 8
Congress is our Other Mother.
She only wants to love us. Why are we bad little children and won't let her love us forever? All we have to do is accept the buttons. Posted by: Techie at February 16, 2009 12:06 PM (906oR) 9
There was a post about this several weeks ago and the impending doom that was coming. It is another case of the unintended consequences of bad legislation. Some were calling for congress to fix it but they have been too busy shopping for porkulus.
The Consumer Products bitch was on Fox earlier saying they were going to enforce the law. The entire thing is unconstitutional as hell for several reasons even if you throw out the fact that Congress has no authority to have a “Consumer Product Safety Division” and laws to begin with.
Earlier today one of the news shows said Wal-Mart had a device that could actually scan stuff for lead and were able to keep their inventory. They said it was very expensive though so smaller stores couldn’t afford it. Posted by: Vic at February 16, 2009 12:06 PM (f6os6) 10
You forgot me! Run! Posted by: MOLD at February 16, 2009 12:07 PM (m2CN7) 11
And this is why I am firm believer in the political stragety of Don't just do something. Stand there!!!!! Eh, at least it's funny how a law that was For the Childrentm is actually hurting children. I've been experimenting with a few taglines for this, the funniest end of civilization ever. This one is one of my favorites. The Funniest End of Civilization Ever: It's for your own good. But I've also been thinking of The Funniest End of Civilization Ever: Won't someone please think of the Children?!?!?!?!?!
Posted by: Veeshir at February 16, 2009 12:08 PM (ThMnZ) 12
Forgot me too. Run!
Posted by: FREON at February 16, 2009 12:08 PM (m2CN7) 13
What am I chopped liver? Run!
Posted by: DDT at February 16, 2009 12:09 PM (m2CN7) 14
I'm here too...run...oh, wait, that'll hurt worse.
Posted by: Four Hour Erections! at February 16, 2009 12:10 PM (n2eCn) 15
The Consumer Products bitch was on Fox earlier saying they were going to enforce the law. The entire thing is unconstitutional as hell for several reasons even if you throw out the fact that Congress has no authority to have a “Consumer Product Safety Division” and laws to begin with. How's my ass taste?
Posted by: Commerce Clause at February 16, 2009 12:11 PM (t9pKb) 16
fake post for comments
Posted by: Vic at February 16, 2009 12:20 PM (f6os6) 17
Fuck this douchnozzel congress and the horse it rode in on.
Posted by: Purple Avenger at February 16, 2009 12:20 PM (Ygf78) Posted by: General Welfare Clause at February 16, 2009 12:23 PM (f6os6) 19
You forgot me, too. Run!
Posted by: Scissors at February 16, 2009 12:24 PM (ZGhSv) 20
This is like FDR ordering the killing of 6 million pigs (to keep supply down and prices up) while people were going hungry.
Government is your friend and protector! Posted by: PJ at February 16, 2009 12:26 PM (fyFnu) 21
Congress is too dumb to be allowed to legislate.
Posted by: nickless at February 16, 2009 12:29 PM (MMC8r) 22
Big deal, so they're gonna burn and destroy shit in an economic downturn. Ya know, FDR burned crops in the 30s, and look how that worked out.
Posted by: bunny boy at February 16, 2009 12:31 PM (YsSn7) 23
Like the Great One says, "Every day that congress meets, we lose a little more of our liberty."
Posted by: Countrysquire at February 16, 2009 12:34 PM (e910j) 24
Thanks for the linkage, and more importantly, for getting the word out on this story.
#9- Walmart is probably using an XRF testing gun, which is only possibly until August. At that point, some really expensive, redundant third part testing is required, and the testing destroys the object being tested. This works if you are making a million plastic dolls, but if you are a crafter who makes three batches of baby booties from one skein of yarn, that means 1/3 of all you make has to be destroyed for testing that runs into hundreds, if not a thousand or more, dollars. The law requires that you test each component, then the finished object. Change anything- make it a larger size, use the same components to make a square block instead of a round one, a scarf instead of a blanket, and it's a 'new' product and has to be tested all over again. You and your next door neighbor each have a small cottage business going- you make blocks, she makes wooden animals, and you both buy the exact same materials from the same supplier- you both have to test everything separately. And that's just the lead testing portion of the bill. There's also phthalates testing (retroactive) for all toys and a number of products for children 3 and under. And a labeling requirement that is impossible to meet for some products and poses a choking hazard for others (violating other portions of the bill). PENS may no longer be created that are 'intended for the use of children' 12 and under. Oh, and Commissioner Moore of the CPSC is on record as writing a letter to Congress explaining that libraries would have to 'sequester' some books while the Commission figures out what to do with them. The responsible parties seem to be PIRG, Public Citizen, NRDC, Consumer's Union, Mom's Rising, and similar groups. I figure it's only a matter of time before they raise the limits from 12 to 16, and then up again, until none of us are allowed to ride motocycles, read unapproved books, write, or wear shirts with buttons that don't cost hundreds of dollars thanks to the testing requirements. Posted by: DeputyHeadmistress at February 16, 2009 12:38 PM (q9B/6) 25
So, if I'm hanging onto some vintage children's books and toys to share with my future grandchildren, does that make me a criminal?
Posted by: katya at February 16, 2009 12:40 PM (oRJZj) 26
This feels like "Demolition Man". I'm surprised that movie's still in circulation.
Posted by: katya at February 16, 2009 12:45 PM (oRJZj) 27
Katya, you were already a criminal--and you know why--and we know you know why--but yes.
Posted by: BigMother Gov't. at February 16, 2009 12:46 PM (X6Zdh) 28
"Ending is better than mending. The more stitches, the less riches." Community, Identity, Stability" Posted by: Cassandra at February 16, 2009 12:49 PM (ScysQ) 29
I've been screaming about this for months as I saw it coming through the legislative process. For some legislators it was ignorance--for others, it definitely was malice. All goods--ALL GOODS-- are covered by this, because a child younger than 14 can come into contact with them. Sofas, plastic bags, paper bags, carburetors, electronics, gold and silver and gemstones (until recently--they have a rich lobby), toys, cars and boats. Anything at all. This is the largest taking of wealth in history and it came through the back door. All goods are considered hazardous waste until tested otherwise. And, those companies and individuals throwing these items away, or even giving them away, are breaking the law because, by definition, all good as hazardous waste until tested. Period. No public transactions or private transactions are allowed. Do you think you are safe in your accounting business? Nope. You send out paper with ink or toner in it. They are hazardous unless you have certificates for them. Do you have liability insurance for your business? If you don't comply, and you file a claim for something unrelated (like a slip-and-fall, or a tornado) conceivably your company could decline to pay because you are not complying with all health and safety laws. Most people don't think the lead police are coming to their business, even if they are in technical violation of the law. But these sorts of laws make everyone criminals, and imbue a contempt for law in general. I'm thinking of closing the doors on all of my commercial interests. I can't afford to get sued and not have my insurance pay. Posted by: texette at February 16, 2009 12:50 PM (ZtPfQ) 30
It is another case of the unintended consequences of bad legislation.
Yeah. "Unintended." Sure. Posted by: Anonymous at February 16, 2009 12:56 PM (EtTEh) 31
Katya, you were already a criminal--and you know why Yeah well, I figure we'll be among the first "they" come for. Registered Republicans, hubby is an evangelical minister and we removed our kids from the public school system to homeschool them for a few years. Posted by: katya at February 16, 2009 12:58 PM (oRJZj) 32
I work at a fairly large Motorsports dealership in WA. We've had to take all of our under 100cc dirtbikes and atvs (kids products) and dump them in our storage lot. Any kids clothes, riding gear, etc. has been boxed up. Our industry is already a little slow with the economy, but this is making it even worse as racing season is about to start.
Somehow Congress thinks that kids are going to go out and eat the frames of their 50cc dirt bikes. Cocksucking cockholsters. Thankfully we don't have to do any of the testing, but the inventory tied up is some very large dollars at this time. Posted by: AFlyingSquirrel at February 16, 2009 12:58 PM (ZfRY6) Posted by: maverick muse at February 16, 2009 01:03 PM (2DacI) 34
Katya, you can own them. So far. It's just not legal to sell them, unless by virtue of their age and value no child would be expected to handle them.
Texette- minor correction- at this point the law is for products intended for children 12 and under (not 14). I expect that to change in a few years. Regarding kids motorbikes and dirtbikes- companies have advised their franchises they cannot even do repairs on products people already own. Posted by: DeputyHeadmistress at February 16, 2009 01:12 PM (q9B/6) 35
Ya know, I just decided I'm gonna live my life as intended, and if that runs counter to this new version of my country---tough shit. These bipedal feces can simply go fuck themselves. I refuse to acknowledge any more of this.
Period. Posted by: irongrampa at February 16, 2009 01:13 PM (ud5dN) 36
Nuance. What did you want, 1933? At least the [Godwin redaction] could burn them. We'll be up against the EPA. Gosh, you don't suppose any of this could affect my junior smallbore rifle team?
Posted by: comatus at February 16, 2009 01:19 PM (q8qaN) 37
About the motorbikes and dirtbikes - what, they think kids are gonna gnaw on them or something?
Posted by: katya at February 16, 2009 01:19 PM (oRJZj) 38
DH, thank you for the correction. I've had the number 14 on my mind for another reason, and it slipped into the discourse.
Posted by: texette at February 16, 2009 01:30 PM (2MeyF) 39
What irongrampa said. With the addendum that I'm currently collecting lead which may be returned to the environment from whence it came supersonically.
Posted by: monkeyfan at February 16, 2009 01:33 PM (cEE8N) 40
Katya -
We do not knaw on our motorbike. We rev it and polish it and... Oh, who the hell am I kidding. Congress is filled with room-temperature IQ pieces of walking excrement that think they are all smarter than the general population. Given how dumb they are, they almost certainly believe that we are so dumb we eat paint. Posted by: brian at February 16, 2009 01:42 PM (PC3tf) 41
Jesus, not the Service Dept getting fucked on this shit too. I hadn't heard about not working on them. But then again I work in the Harley side so we only had to box up the baby clothes.
Goddamn ChiComs!! *shakes fist* Posted by: AFlyingSquirrel at February 16, 2009 01:48 PM (ZfRY6) 42
Hey, I forgot about them. How the hell are they (China) gonna do this testing in a way that's either verifiable or believable?
Posted by: brian at February 16, 2009 01:51 PM (PC3tf) 43
Anyone who thinks the system of career bureaucrats and special interest groups can be reformed through the political system is a goddamned idiot.
Posted by: SGT Dan at February 16, 2009 01:53 PM (y2s/z) 44
I stop at Goodwill once a week or so, because they have tons of used books for a quarter. A couple weeks ago they closed off half the store, and I wondered why. It must be because that was the half that had all of the kids clothes/books. Wow.
Posted by: estee at February 16, 2009 01:53 PM (xlYqZ) 45
You forgot about me, too. RUN!!!
Posted by: PCBs at February 16, 2009 01:54 PM (IcL0/) 46
Now, I'm not suggesting that anyone actually *do* this, but consider this a mind-exercise along the lines of "When, in the course of human events, it becomes necessary to...."
There's almost certainly at least a dozen congress-shits (and I'm including Senators in that) who are having secret affairs, or screwing pages, or in the pay of foreign governments or...you get the picture. Find *one*, and send him a public note: "Apologize for this piece of shit law, and get it repealed. You have 24 hours to begin, and failure will not be tolerated." When he (or she, in the case of Pelosi, Boxer, Feinstein or that fat ugly bitch from Michigan) ignores the "request", publish away. Repeat with second congress-shit. By the 3rd iteration, I would venture to guess one would see the desired result. Of course this is offered just in the notion of a "what-if" hypothetical, and further, it depends on some number of congress-shits doing things that are either illegal or grounds for rapid divorce if known. Since Dems tell me that only Conservative reps do such things, this surely wouldn't apply to them in any case, eh? Posted by: sf at February 16, 2009 01:55 PM (EOUd+) Posted by: Saccharine at February 16, 2009 01:57 PM (IcL0/) 48
The Left hates, hates, hates history that it doesn't control (like old children's books, which sometimes mention pipe smoking, stereotypical gender roles, and churches). You can't fully turn people into cattle as long as evidence remains that there were people who aspired higher. For any AoS morons who haven't read 1984, or haven't read it in a while, I can't recommend it highly enough.
Posted by: The Chap in the Deerstalker Cap at February 16, 2009 02:06 PM (j02xJ) Posted by: Mercury at February 16, 2009 02:27 PM (5aa4z) 50
So then, what about cell-phones, computers, MP3 players, and digital watches? All are made with solder(lead-tin alloy). Does this mean that schools have to forbid "The Children" access to electronics?
WTF,O? Posted by: ChrisP at February 16, 2009 02:47 PM (TmyHB) 51
ChrisP: They're already following the lead of the Europeon Union with regard to lead-free solder.
Next on the - for our own good and the children and the good of all things great and small - list is an expansion of lead free public lands wherein no lead bullets are allowed. Posted by: monkeyfan at February 16, 2009 02:53 PM (cEE8N) 52
That's OK, Monkeyfan. That's what depleted Uranium is for.
Posted by: Anachronda at February 16, 2009 03:20 PM (xkzG7) Posted by: monkeyfan at February 16, 2009 03:29 PM (cEE8N) Posted by: Sodium Nitrite at February 16, 2009 03:46 PM (MnD6k) 55
A lot of these second hand clothing and bookstores are owned and operated by far left types who preached the gospel of Obama and cheered the rise of the liberal democrats. Pretty much a phyrric victory for those folks.
"Be careful what you wish for, you may get it" Posted by: kbdabear at February 16, 2009 05:09 PM (miw86) 56
So where's the court challenge? Seems like the law is incredibly destructive to the livelihoods of quite a large number of people, so shouldn't it be easy to get a relatively rapid injunction against CPSC from enforcing this law?
Posted by: chemjeff at February 16, 2009 05:43 PM (R0A/J) 57
Damn interesting question, chemjeff. Will we have to wait until someone is actually charged under this? I expect so. And then we'll be off on the ObamaGambit: it's no longer Last Man Standing, but First Man to Have "Standing." I'm expecting a court to tell a complainant that since it's for their own good, they cannot claim harm. Tobacco Law. Posted by: comatus at February 16, 2009 05:57 PM (q8qaN) 58
The Left hates, hates, hates history that it doesn't control (like old
children's books, which sometimes mention pipe smoking, stereotypical
gender roles, and churches). You can't fully turn people into cattle as
long as evidence remains that there were people who aspired higher. For
any AoS morons who haven't read 1984, or haven't read it in a while, I
can't recommend it highly enough.
This is it. This is what they are on about. Destroy previous culture. I love children's books, especially old ones. I loved them as a kid, and I love them now. It's all about making history disappear. Posted by: Alana at February 16, 2009 06:13 PM (JE2zV) 59
Who needs free books or cheap clothes in this economy anyway, right? Or retail jobs, or charity?
This is why I don't believe the results were "Unintended." It's another way to make people more dependent on the government for their daily needs. Posted by: HeatherRadish at February 16, 2009 08:07 PM (aK1+D) 60
good thing i just sold my 2 honda crf50s...although to a 23 year old. and speaking of old books i just picked up a mint condition 1st edition copy of nineteen eighty four. yea for me! Posted by: unamerican hate mongering evil libertarian aka e.koenig at February 16, 2009 09:34 PM (2J+Vs) 61
The public was up in arms about lead in toys from China. So, our leaders passed a draconian law. Now, they realize maybe its too much.
Also, the one-off tests are not really going to help, because Chinese companies already know how to get around this: test a "special" sample that passes and ship the bad stuff that's cheaper. Only when US companies randomly test shipments in the US (I bet the toy companies started doing this) and link to payment of vendors, will this stop. Oh, and prices will go up...but they should if you want quality products. p.s. anyone dealing with CARB rules for engineered wood? Another awesome regulation that adds about 10% to the cost of furniture. Posted by: Harun at February 16, 2009 09:51 PM (xEAye) 62
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Posted by: remy hair at February 16, 2009 10:42 PM (9Bw41) Posted by: John Bradley at February 16, 2009 11:49 PM (Y3Sui) 64
Chemjeff, there is a class action suit in the works now.
Harun, yes, the big toy imports had already changed their testing procedures before CPSIA. Strangely, one of the big motivators, supposedly, for pushing the law through so fast was the death of a young boy who swallowed a lead charm and died. Turns out, CPSI""A would not prevent this from happening again, as the charm he swallowed had come with his mother's shoes, and CPSIA does not say a thing about lead limits in adult products. Posted by: DeputyHeadmistress at February 17, 2009 12:18 AM (q9B/6) Posted by: 货架、 at March 26, 2009 09:10 AM (8j21L) 66
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Posted by: replica watches at February 07, 2010 06:30 AM (TUJDt) Posted by: Jastika Weblog at February 08, 2010 09:25 PM (pB/4p) Processing 0.09, elapsed 0.3402 seconds. |
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