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Congress, in the way again; Americans rallying against it, like they’re supposed to do

Via The Annamatrix, we learn about the fed’s “well meaning” regulations destroying American businesses and wealth by adding more shackles to our arms (and wallets).

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.

“They’ll all have to go to the landfill,” said Adele Meyer, executive director of the National Assn. of Resale and Thrift Shops.

This ruling won’t just affect families trying to save money on children’s clothing—which is often quickly outgrown though it can hardly be considered worn out— in an uncertain economy, nor is it only going to harm the shops whose owners earn a living and provide jobs by selling consignment pieces or the places like Goodwill, Salvation Army, and St. Vincent De Paul who use the money to help others (and those who will receive less help as a result of fewer sales). No, this is also going to inflict terrible damage the homemade, artisan toys and apparel business: you know, good, old-fashioned American ingenuity.

Millions of very small sole-properietorships who’ve seen an explosion in business in the last few years (as evidenced by the success of companies like Etsy) will be forced to shut down; the cost of lead testing is simply too high for a small business to afford. In fact, so dangerous and frightening is this act to untold thousands of very small, home-based enterprise nationwide, Etsy has created a forum specifically for the discussion of this federal meddling. It’s no wonder; many of these people either make their entire living or supplement an income creating and selling handmade goods right here in the States. At a time when we’re being quietly encouraged to buy American again, our Congresscreatures are doing their best to shut down as many domestic businesses as possible.

In fact, should you be “caught” selling children’s goods at a yard sale this summer, you might be breaking the law. This makes one wonder: what about hand-me-downs to the neighbors or fellow church members? What about selling vintage toys and apparel (often for considerable amounts of money, since they’re highly collectible and better-made) on eBay or even giving it away on Craigslist?

Unfortunately, as we realize thanks to one grandfather’s social experiment related to the CPSI, the ripple effect from this is going to crater a lot of businesses, not just those directly related to children’s products. Vendors, accountants, and shops selling these items will be hurt as well. Less mail will be going through the system, so fewer packing supplies will be purchased. Gone, too, will be a decently-sized portion of business-card, stationery, website, and label sales (and for many, the logo and layout design jobs that came with such things).

All of us will pay higher prices for goods as a result of the costs incurred for testing. Though the CPSC says thrift shops are not “required” to test, they’ll be prosecuted if a child becomes ill as a result of such an item. Gee, thanks. All better now.

This will affect the few Americans still patronizing their local libraries as well.

…a recent opinion ruling released from the General Counsel of the Consumer Product Safety Commission (CPSC) that would require public, school, academic and museum libraries to either remove all their books or ban all children under 12 from visiting the facilities, beginning on February 10.

Ban them? Nah, let’s just burn those books. Har!

Under the CPSC’s interpretation of the law, which seeks to protect children from exposure to lead and phthalate, books for children under the age of 12 are required to undergo the same testing procedures as children’s toys. Since the General Counsel’s opinion is retroactive, all books currently on library or store shelves must be removed for testing, including textbooks and children’s literature books in academic library research collections.

Could this just be a method of destroying every last McGuffey Reader on the planet, or at least keep such thoughtful moral education from the hands of the commoners?

New books are also included in the law.

“This is an absolutely knee-jerk reaction to the fact that, yes, there have been children’s toys and cribs that have contained lead,” says Bruce Smith, executive director of the Book Manufacturers’ Institute. “But let’s not take a paintbrush and paint everything the same color.”

Chip Gibson, president and publisher of Random House Children’s Books, goes further. “This is a potential calamity like nothing I’ve ever seen. The implications are quite literally unimaginable,” he says, noting that children’s books could be removed from schools, libraries and stores; nonprofit groups like First Book would lose donations; and retailers, printers and publishers could ultimately go out of business. “Books are safe. This is like testing milk for lead. It has to be stopped.”

Don’t give them any ideas, Mr. Gibson. And not only does this law have to be stopped, Congress does.

Thankfully (thank goodness for the internet), in addition to legions of Etsy and eBay sellers lobbying against this (as we all should do), millions of Americans are doing the, well, American thing, which is self-organizing and speaking out against this economically dangerous (not to mention, let’s face it, stupid) law. There’s even a Flickr group, which I’ve joined if only to show my solidarity.

Write your Congresscreature today, and ask them to put a stop to this debacle and strike a blow against Leviathan.

Your business, or someone else’s, depends upon it.

4 comments

1 Jennifer O'Hara { 01.13.09 at 5:31 pm }

By the way, there’s a class-action lawsuit in the works against this act.

2 Cassandra { 01.13.09 at 11:24 pm }

I’m glad to hear that people are mobilizing against this ridiculous act. I understand that there was a scare with all of those toys from China with lead in them, but WHO would think that this was a good idea? Why would anyone try to make this a law?

3 Nancy Ashmore { 01.15.09 at 2:30 pm }

Dear Jennifer,
While I agree with most everything you say, I do have to take exception to your phrase “the few Americans still patronizing their local libraries”. As the director of a small public library, I’ve seen circulation and library use increase steadily over the past ten years. Our circulation is up 50% from 1998, and I know that there are libraries with much greater increases. In times of economic downturn, we are one of the first places people turn to in search of free employment and education information, consumer help, homework assistance, technology and simple entertainment. That said, it’s even more important that the Consumer Protection Agency be stopped!

4 Jennifer O'Hara { 01.15.09 at 5:22 pm }

Nancy, thank you for stopping in—and frankly, thanks for the good news about public libraries (I’ve always wanted to be a librarian…)! Many delightful hours were spent by me wandering amongst the bookshelves long before computers began coming into our homes, and for my sister and myself, a trip to the library was better than one to the toy store. Of course, the librarians may not have been so sure, as I commonly staggered out the door, wrestling with a stack of books so high it was difficult to find the car.

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