Hell Hath No Fury...

like a garage sale mom who has had her garage sale going curtailed. Pheisty started a firestorm today.....

Have any of you heard about the Consumer Product Safety Improvement Act of 2008? If you have, you probably heard that it was passed to protect children from imported goods that may contain lead or other harmful contaminants. Well did you know that the bill also includes the government-sanctioned testing of resale children’s clothing?

That’s right. As of February 10, 2009, you will no longer be able to sell or buy children’s used clothing under the CPSIA. Not at the Goodwill, not at a consignment shop, not on eBay. Not even at a yard sale. If you do, you face a $100,000 fine and 5 years of imprisonment. That is, unless the seller can find a government-approved way to test the garments that won’t force them out of business.

She then goes on to quote this LA Times article on the subject.

Barring a reprieve, regulations set to take effect next month could force thousands of clothing retailers and thrift stores to throw away trunkloads of children's clothing.

The law, aimed at keeping lead-filled merchandise away from children, mandates that all products sold for those age 12 and younger -- including clothing -- be tested for lead and phthalates, which are chemicals used to make plastics more pliable. Those that haven't been tested will be considered hazardous, regardless of whether they actually contain lead.

I decided to read the legislation - I apparently had nothing better to do tonight. Thankfully for me the section in question was right at the beginning of the bill! The pertinent section starts at the bottom of page 7 and runs through page 8 and details the accreditation time line. While you can read all of the other items that are covered on the time line, I want to focus on Section B (vi)...

ALL OTHER CHILDREN’S PRODUCT SAFETY RULES.—The Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with other children’s product safety rules at the earliest practicable date, but in no case later than 10 months after the date of enactment of the Consumer Product Safety Improvement Act of 2008, or, in the case of children’s product safety rules established or revised 1 year or more after such date of enactment, not later than 90 days before such rules or revisions take effect.

This section right here is the section that covers clothing and anything else not covered in sections B (i) through (v). Childrens clothing has been regulated by the federal government since 1972! Then (as now) the Legislature had only the best of intentions. After all - who could ever be against legislation that is designed to "protect" the children. The problem with all good intentions are the unintended consequences. In this case the unintended consequences are pretty steep for any non-profit that has ever funded a mission field through resale shops and garage sales. Every Girl Scout troop that has ever knitted booties to sell in a craft market, every crafter who has sold hand quilted baby bibs and blankets, every stay at home mom who has made barrettes and bangles to earn a little mad money is going to be put out of the market. Companies like Once Upon A Child and Kid to Kid will be put out of business - their employees out of work in a recession because they are not going to be able to certify clothing that their customers bring in!

The fashion industry is already discussing strategies for compliance and it is not good for small business.

Another thing to keep in mind is that this bill is unintentionally retro-active which is unconstitutional! This bill will make sure that clothing that was manufactured before the enacted date will not be able to be sold without being certified first. Basically with the stroke of a pen, both parties of our government (and our president) retro-actively put thousands of people out of business and out of work! All for the sake of "the children".....

I wonder who will save "the children" from starvation or from the elements when their parents can no longer afford food and clothing thanks to their "good intentions".