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Kate Holmes of TGtbT.com talks with consignment, resale & thrift shopkeepers about opening, running, & making their shop THRIVE!

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« There’s nothing on my fridge
A little levity may be in order for resalers. »

Just about EVERYONE is affected by CPSIA

January 28, 2009 by Auntie Kate of Too Good to be Threw

Here at Auntie Kate the Blog, we’ve been talking about the flaw in the new 2009jan28everyonelaw known as CPSIA (the Consumer Product Safety Improvement Act of 2008 ) and how it affects people who consign or sell their children’s items through our industry, the people who shop resale, and our cohorts the Craigslisters, the eBay merchants, and of course, our own small shops. (Scroll back through the last half-dozen entries her on my blog to read up.)

The law,  originally conceived for a great reason: “To protect our children”…has become, like a Federal Frankenstein, a terror in the night to so many Americans. The news reports 20,000 laid off here, 12,000 there… has Rep. Henry Waxman, who refuses to call a committee meeting even when urged by his fellow Representatives, any conception of which people will be CRIMINALS at the stroke of 12:01am on Tuesday Feb.10?

In the resale and consignment industry, it is literally impossible economically to test, via a $35,000 XRF gun, every single piece of goods designed for those under the age of 13. And even if We as American citizens were willing and able to go buy one of these guns (that’ll stimulate the economy, huh?) and hire 3-4 people to “shoot” every little t-shirt and pinafore that passes through our shops (wow, great way to put all those construction workers back to work)… I have my qualms about a XrayFluoresence gun being used in a shop full of mothers and children. Doesn’t my dentist drape me with a lead apron?

Okay, that was a side track. Here’s the people who will suffer because this law is so incredibly badly-written.

* Parents who want sustainably-made playthings for their children. That crafter in Vermont who uses maple to make a choo-choo train, then lovingly finishes it with pure bees-wax from his neighbor’s bee hives. He can’t afford to sell his toys if he has to test bees wax and maple wood for lead…every time he makes one!

* Kids who love rag dolls made by the lady down the street who sells them on Etsy.com. No more rag dolls for you, little one, without us zapping each and every one for lead. And hand over that little crib quilt your Grandma bought you in an antique shop, too.

* People whose nieces and nephews receive locally-made birthday gifts. I for one, send eco-correct presents hoping that my small gesture will help save the planet for my great-great nieces. But the church bazaar ladies can’t make the Superkid capes any more, because they can’t afford to test them before they’re sold.

* Folks who clothe and equip their children in gently-used goods. Some do it for economic reasons, others for ecological reasons, and still others, because it’s much more fun and neighborly to shop locally rather than at the Big Boxes.

* Poor kids. Not only won’t their parents be able to get them a warm winter coat that fits or a barely-used ball bat of their own… but the charities that help these kids with meals, health clinics, and safe places after school will be shutting their doors because the thrift shops which support the outreach programs can’t sell their merchandise now.

* The homeless, the lonely, the disadvantaged. Who does Washington think raises the funds for one-on-one charity? It’s the church bazaar, the temple rummage sale, the kids who organize a yard sale to get money for soup kitchens and abused-women shelters and day care for Alzheimer’s afflicted. Take away these people’s ability to resell children’s items, and you’re cutting them off at the knees.

* Challenged children. When a child needs special clothing, unique toys and equipment to help her fit in, to help him grow…where do these micro-industry goods come from? Mini-manufacturers, who might make only a dozen of a special-needs item. The economics of testing such small batches, make this type of manufacture impossible.

* You. If you have a loving home, full of wonderful clothing, toys, books, games, sports gear, equipment that your children are in the process of outgrowing as we speak, and that you were hoping to consign or sell, guess how much your investment is worth? ZERO. You cannot recoup some of the money you spent. The Federal government just robbed you of a portion of your net worth.

And here’s the people who will THRIVE if this law says as it stands:

* Giant manufacturers. If you make 50,000T shirts, you can afford to test, because the cost per item can be passed on to the consumer. And all our children will look, play, and think like little soldiers, since there will be a limited choice of clothing, toys, and worst of all, books for the next generation. Can anyone say W-Mart World?

* Foreign manufacturers. Guess where XRF guns are manufactured? By the very same country which started all this problem by not caring that there was lead in so many of the cheap things they make to sell to the American public.

* “Independent” labs: The CPSIA says that at a near-future point, self-testing will not be accepted. Everything has to be tested by an “approved by the Consumer Protection Safety Commission” 3rd-party laboratory. Can anyone say political graft time?

* The government. If they can make you a criminal, they can make you live in fear. What better way to control people than to threaten to imprison them?

So, did you see yourself or your family in the first list? Did you see any reason to sacrifice them to the second list parties? Are you mad yet?

Get mad FAST. It’s happening Tuesday Feb. 10 unless we the people can make our voices heard!

Here are some ways to become involved (with thanks for this list to Deb of Designs by Deb).

  • Write and call your Congressional Representatives just enter your zip code to write all your reps at once.
  • Sign a petition – Save Kids Resale 88,886 Letters and Emails Sent So Far as of today… Add your name and your letter now.
  • Write and call House Committee on Energy and Commerce (this committee authored the law)
  • Write President Obama go to the contact us link.
  • Sign a Petition to Reform CPSIA
  • Write members of the Commerce Committee
  • Create a press release for your business (Mark Riffey at Rescue Marketing has offered his press release as an example to be used by those in need.)
  • If you’re a resale business and not a member of NARTS, then join – NARTS is working hard lobbying for the Resale industry.
  • If you’re a resale business and feel a Class Action Lawsuit is a appropriate find out about it here.
  • Learn more about this law and how it affects others, including you, at National Bankruptcy Day
  • Read this powerful blog from Rick Woldenberg of Learning Resources. Learning Resources manufactures multi-sensory classroom materials and educational toys that engage, inspire and motivate. Be sure to watch the videos as well.
Photo courtesy of The Felt Source, which might also go bankrupt on February 10

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Posted in Shopkeeping talk | Tagged kidswear | 5 Comments

5 Responses

  1. on October 12, 2009 at 4:43 pm Unknown's avatar Consignment Mailbox: Handling Dangerous Recalled Goods « Auntie Kate The Resale Expert

    […] Just about EVERYONE is affected by CPSIA Google CPSIA for more info. Possibly related posts: (automatically generated)How to open a consignment store: Second Hand is First Rate when you aim for…Kate learns something newQ & A Time: Success is overwhelming this consignment shop ownerMore Clothes Aug. 22 […]


  2. on January 31, 2009 at 11:25 am Auntie Kate of Too Good to be Threw's avatar Auntie Kate

    Thanks Fuzzybritches, for this link. It seems to be more of the message the resale industry got on Jan 8, only now directed to manufacturers: you don’t have to TEST but if your products FAIL you go to jail.

    Here’s a quote: “Manufacturers and importers – large and small – of children’s products will not need to test or certify to these new requirements [for the length of the stay, 1 year], but will need to meet the lead and phthalates limits”

    So it’s actually a nice little reprieve for crafters, Etsy folk and the like, because 99% of crafters are super conscientious in what they use to make children’s products. You’ll have a year to hope Congress comes to its senses (unlikely) or to use to train yourself to stop being a productive self-employed citizen and line up to work at the DMV or some such.

    My industry, however, is still required to place OUR livelihoods on the line for products that WE had no control over the manufacturing thereof. As a kidstuff resaler, I’d look at a hand-crafted teddy and think: “hmmm, all wool, no button eyes that could come loose, no dangly bits a child could suck on and that might obstruct breathing…okay, I’m safe in consigning this.”

    Problem is, Congress stands ready to toss me into jail because inside that adorable teddy is a stuffing of not-under-601 ppm lead fabric. Something I cannot determine without economically-unfeasible testing or destruction of the item. Something I cannot see, feel, taste…or that I had any control over. Why wasn’t this teddy bear on the CPSC recall list, which resalers follow? Because when it was made or imported, IT WASN’T ILLEGAL. Only now it is.


  3. on January 31, 2009 at 10:28 am Carson's avatar fuzzybritches

    Kate, you might want to check this out – you may not believe it’s true because just a “press release” but I tend to believe what is posted on the official CPSC website:

    http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html


  4. on January 28, 2009 at 8:22 pm Cynthia's avatar Cynthia

    Kate! Superlative job! I hope our resalers link to this fantastic bit of clear, concise writing in their blogging about this **** law.

    It paints a true, albeit frightening picture for work-a-day Americans.


  5. on January 28, 2009 at 7:53 pm » Reform the CPSIA We’re All Mad Here

    […] people as you would like here It takes two seconds. Just do it. THen, when you are done, Stop by Auntie Kates and get some more […]



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