Important Information on the new Consumer Product Safety Improvement Act Over the past several weeks, thrift and consignment store owners in Iowa’s Third District have contacted me to express concern over the Consumer Product Safety Improvement Act of 2008, which was signed into law last year. During this time of economic crisis, many small businesses are struggling to stay afloat. My colleagues and I in the 111th Congress know that small businesses are one of the cornerstones of America’s economy. I’d like to take this opportunity to clarify the legislation and explain how its benefits outweigh the potential costs. The Consumer Product Safety Improvement Act was introduced to protect children from dangerous, lead-containing products. The legislation, which takes effect on February 10, 2009, establishes safety standards and testing requirements for products intended for children 12 years or younger. It is important for consignment shops and other resellers to know that they are exempt from these testing and certification requirements. Also, the Consumer Product Safety Commission (CPSC) granted a one year stay of enforcement for the testing and certification requirements. This means that, through February 10, 2010, the CPSC will not require a manufacturer or importer to test and certify their products. However, if a company or reseller puts a hazardous product into the market and that product causes injury to a child, legal action may be taken. A hazardous product is legally defined as one targeted at children 12 or younger with a lead content of 600 parts per million or higher. Those that are able to begin testing and certifying this month are encouraged to do so. Despite this delay, I want to explain the basic provisions of the Act to help ease your concerns. While many business owners are anxious about the potential expenses of this legislation, we can all agree that safe and healthy children are worth any inconvenience. That said, I am confident that Iowa’s small businesses will not be overly burdened by the new rules. First, I need to address the concerns of thrift and consignment shop owners. Many are worried that secondhand goods intended for children will become illegal unless they undergo testing mandated by the Act. Such a cost burden would certainly be crushing to many businesses. However, as I mentioned earlier, the Act exempts thrift and consignment stores from testing requirements – a fortunate provision, since such stores are an essential resource for those shopping on a budget. Even though sellers of secondhand goods are exempt, it is very important to make sure that the children’s goods being resold are not recalled products and do not exceed the legal lead limit. This means resellers should avoid selling products that are likely to have lead content, unless they have testing or other information to indicate that the products contain less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties. A list of the lead content limits, as well as materials containing safe levels of lead, can be found in this document: http://www.cpsc.gov/businfo/frnotices/fr09/leadlimits.pdf Unfortunately, the above list of exemptions is so far incomplete. The one year stay of testing and certification requirements will provide plenty of time for the CPSC to write the rules so that it can provide detailed guidance. To keep abreast of all updates, I encourage you to visit the CPSC’s web page, http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML. I have also been hearing from concerned small-business owners who manufacture their own goods. Since numerous small businesses will not be able to afford safety testing, many will have the option of component part testing. In this case, the large manufacturer that provides the business with its materials tests and certifies any unnatural substances contained in the final product. This will save small manufacturers the expense and trouble of testing and certification. I hope this information helped allay some of your concerns regarding the Consumer Product Safety Improvement Act of 2008. I have confidence that this law will protect our children while avoiding undue burden on Iowa’s small businesses and I encourage you to contact the CPSC if you have further questions or concerns, their number is (301) 504-7923. As always, please feel free to contact me in Washington, D.C. or in Des Moines at 515-282-1909.