Posts Tagged ‘CPSIA’

CPSIA: a scorecard of reform bills

slothfultoad

Carter Wood at ShopFloor has a very useful compilation of what are probably all the current bills introduced in Congress related to the Consumer Product Safety Improvement Act. (More, of course, may follow as the crisis continues.) Of the 10 bills, one is an omnibus appropriation bill, while the other nine (six in the House, three in the Senate) all appear from their descriptions to be aimed at reforming the substance of the law, its timetables and deadlines, or both.

Significantly, there was introduced this week the first bill with a Democratic (i.e. majority) sponsor, a bill by Montana Democratic Senator Jon Tester to overturn the dirtbike ban.

The three bills in the Senate are S. 608, the Tester bill on motorcycles and related vehicles; S. 374, the much-discussed bill by Sen. Jim DeMint (R-S.C.) that would have injected common sense into several areas of the law, and which Congress (under pressure from Public Citizen and others) refused to incorporate into the stimulus package; and S. 389, a bill introduced by Sen. Robert Bennett (R-Utah) “to establish a conditional stay of the ban on lead in children’s products, and for other purposes.”

The six bills in the House are H.R. 1510 and H.R. 1587, introduced by Denny Rehberg (R-Mont.), both relating to cycles/vehicles; H.R. 968, by John Shadegg (R-Ariz.) and H.R. 1465, by Brad Ellsworth (D-Ind.), both of which are described as providing “regulatory relief to small and family-owned businesses”; H.R. 1046, by Adam Putnam (R-Fla.), to “ensure the effective implementation of children’s product safety standards under the Consumer Product Safety Improvement Act of 2008”, and H.R. 1027, by Bill Posey (R-Fla.), to “exempt second-hand sellers of certain products from the lead content and certification requirements”.

CORRECTION: I erroneously listed Indiana Congressman Brad Ellsworth above as a Republican, but he is a Democrat; fixed now.

CPSIA: a season of activism

A season of activism has begun:onanysunday

  • Today’s the day (4 PM Pacific time) that motorbiking legend Malcolm Smith intends to publicly break the law by selling youth motorcycles and ATV at his store in Riverside, Calif. in defiance of the Consumer Product Safety Improvement Act of 2008. Smith starred with Steve McQueen in the 1970s documentary On Any Sunday, which did much to popularize motorcycle sports. More details at KidsLove2Ride.com:

    As a sign of support, a group of small business people and high-profile motorcycle industry celebrities, including racers Jeff Ward and Jeremy McGrath, Glen Helen Raceway owner Bud Feldkamp, and motorsport design guru Troy Lee have all agreed to be on hand to purchase banned units for use by their own children and grandchildren.

    No word on whether Public Citizen, or perhaps some on the staff of California CPSIA sponsors/defenders Rep. Henry Waxman, Sen. Barbara Boxer or Sen. Dianne Feinstein, will show up to perform a citizen’s arrest. More from Rob Wilson (“A year ago I would have been shy about supporting ‘illegal’ activities”), Pashnit Motorcycle Forums (“A stupid law that must be defied”), Motorcycle.com, Motorcycle USA, Cycle News, Racer X, Eastern Dirt (Smith has had so many offers of support that he changed the time of the protest to the afternoon so that more could attend).
    husqvarna
    Advance press notice has already been strong: Daniel McDermon, New York Times “Wheels” blog; USA Today (CPSC has gotten as many as 5,000 emails, letters and calls in one day protesting the ban); Riverside Press-Enterprise. Earlier here.

    Update: Early protest coverage at DirtRider and at Smith’s KidsLove2Ride.

  • Meanwhile, affected crafters, small business people and dealers are making plans to attend the Washington, D.C. fly-in rally, public hearing and CPSIA outreach events in Washington, D.C. April 1. A new website is up on the event titled AmendtheCPSIA.com (not “Repeal”?) and Rick Woldenburg has many updated details at his site. More: David Foster, Chicago Boyz.

CPSIA on the radio: “Kresta in the Afternoon”

radiomic1

I was a guest this hour on the popular Michigan-based radio show “Kresta in the Afternoon” with substitute host Nick (whose wife is a crafter of kids’ items and has been bugging him to cover the law for months…). We discussed the general problems with the law, motorbikes, thrift stores, kids’ garments, libraries and books.

Having finished a draft yesterday on my big unrelated writing project, I’m a little freer now to do radio, and I suspect there may be more of it coming given the interest stirred by the AP’s new piece on libraries.

CPSC: No, we didn’t ask libraries to pull pre-1985 books

It’s been a day of dramatic developments on the CPSIA-and-libraries front. An Associated Press article out yesterday quoted Scott Wolfson, a spokesman for the Consumer Product Safety Commission (CPSC) as officially urging the nation’s libraries to remove from their shelves children’s books printed before 1986 until more is known about their possible dangers from lead in their inks, dyes and pigments:

Until the testing is done, the nation’s more than 116,000 public and school libraries “should take steps to ensure that the children aren’t accessing those books,” Wolfson said. “Steps can be taken to put them in an area on hold until the Consumer Product Safety Commission can give further guidance.”

Within the day, however, commission chief of staff Joe Martyak said that Wolfson had “misspoke”, and that the commission has neither concluded that the books might be dangerous nor recommended that libraries take any action. An early version of the AP story is here, with the Wolfson quote, and a later version here, for purposes of comparison.

Chewed-up leaves

It’s not as if Wolfson was making things up here. As readers will recall, one of the two CPSC commissioners, Thomas Moore, called weeks ago for some undefinedly large share of old books to be “sequestered” from children for the time being. However, the full commission has left the issue up in the air rather than endorsing Moore’s view.

The AP also turns to Jay Dempsey, a health communications specialist at the Center for Disease Control, a federal agency that I suspect knows a great deal more than does the CPSC about the public health problem of children’s lead poisoning. Dempsey does not rate highly the danger that a child will ingest lead from books: “on a scale of one to 10, this is like a 0.5 level of concern.”

I’m also puzzled by the following quote in the AP piece:

Also, the lead [in some older books] is contained only in the type, not in the illustrations, according to Allan Adler, vice president for legal and governmental affairs for the Association of American Publishers.

That’s not what I’ve heard; I’ve heard more often of the illustrations flunking than of the type flunking when books are subjected to x-ray fluorescence tests.

The AP article, which is getting wide national pickup, also reveals that the American Library Association knows of only two libraries that have sequestered such volumes — we’ve reported on one — and that both ceased the practice at ALA’s urging. It also links to an overview of the (current) book manufacturing process and its CPSIA implications, prepared by manufacturers of children’s books. It does not discuss the issue of books with nonpaper elements published between 1985 and today, although this too could pose enormous compliance problems given libraries’ large holdings of such books.

News buffs may be interested to observe that the new Associated Press story is out of Jefferson City, Missouri — not Washington, D.C., not New York City — and that it carries the byline of Lee Logan, whose byline can also be found on the excellent (Missouri-focused) AP story about the CPSIA minibike ban a week and a half ago. The AP has been notable for snoozing through most of the national CPSIA story over the past three months, but it sounds as if it may have one reporter who understands its importance.

Incidentally, a number of vaguely well-meaning associations and nonprofits (as well as many of a sharper ideological tint) signed on to endorse the CPSIA in its rush to passage last year. Among the former group, as Deputy Headmistress points out, was the American Library Association itself — sort of like Colonel Sanders getting an endorsement from the chickens. I wonder whether anyone has asked the American Academy of Pediatrics, American Association of Law Libraries, or Circumpolar Conservation Union whether anything about CPSIA’s implementation has caused them to rethink their support. I’m still trying to figure out what CPSIA has to do with law libraries or circumpolar conservation in the first place, except insofar as it causes more people to hire lawyers and want to run away to the North Pole.
P.S. In comments, Carol Baicker-McKee says she “spoke with Joe Martyak, the CPSC chief of staff, yesterday, and while he did not mention ‘sequestering’ books, he did tell me that there is considerable legal precedent for seeing libraries as ‘distributors in commerce’ so the agency definitely considers them to be subject to CPSIA.” More from Valerie Jacobsen: “[Unlike one librarian quoted in the story,] I don’t see many libraries with only a few pre-1985 children’s books. While library copies of picture books do tend to wear out early, chapter books for children ages 8-12 typically endure quite well.”
Public domain graphic: Edith Brown, ChildrensLibrary.org via Jessica Palmer.

CPSIA and the “precautionary principle”

kidrainstorm

If CPSIA is premised on anything, it’s the idea that before makers of goods place items on the market, they should have to shoulder the burden of proving that they’re safe, even if it seems very, very unlikely on the face of it (as with books, cotton bibs, ballpoint pens, etc.) that they’re doing any significant harm. Is this perhaps an early application of the much-debated “precautionary principle“, which proposes that gaps in scientific knowledge be resolved against those who want to introduce anything new or potentially dangerous? Deputy Headmistress wonders. She also links to Rick Woldenberg who continues his revisionist looks at the Great Toy Scare of 2006-7, noting that in one much-publicized recall of 436,000 toys by Mattel, the trigger for the recall was that “TWO CANS OF PAINT slipped through its safety systems, and were spread ratably over 436,000 units. Hmmm – how dangerous do you think one Sarge car would be with 1/218,000th of a can of paint on it? This event was one of the sparks that triggered the mania leading to the CPSIA – the same mania that now sweeps up libraries.”

Brian Micklethwait, a while back, had a further relevant thought about whether the Precautionary Principle has itself been proven safe.

More: An interesting contribution from Dan Marshall at Change.org.

Public domain graphic: Grandma’s Graphics, Ruth Mary Hallock.

CPSIA “people’s hearing” in D.C. April 1, and other protests

Coming up April 1, but not a joke: Since Henry Waxman and other CPSIA defenders on Capitol Hill are still stonewalling demands for hearings on the law’s catastrophic effects, some citizen-activists are preparing an alternative event for the nation’s capital in which persons from many affected constituencies will have a chance to tell their stories; there may also be “rally” activities, as well as events in other states for those who find it more convenient to protest there. Rick Woldenberg has details. (Update: rally now has its own site, AmendTheCpsia.com; Facebook event page]

In the powersports world, DealerNews reports that on March 19 — that’s this coming Thursday — “California motorcycle dealer and industry icon Malcolm Smith says he plans to sell kid’s ATVs and motorcycles to consumers” in defiance of the law. No word yet on whether or not PIRG or Public Citizen will try to have him arrested, but the penalties for willful violation of the law include five-year prison sentences as well as prohibitive fines. (More: Read Deputy Headmistress to learn more about Malcolm Smith and the history of kids’ dirtbiking and BMX (bicycle motocross) — Steve McQueen figures in it — as well as Sen. Klobuchar’s defense of the law)

cpsiawordcloud

Finally, those doing CPSIA activism may be interested in the colorful word-cloud poster/graphic that Whimsical Walney did up the other day.

CPSIA on Metafilter

This will be widely read. For new visitors, here are our coverage of CPSIA and books, with many updates (but nothing changing the story’s essentials) since my City Journal article appeared last month; this site’s general CPSIA coverage; how Snopes dropped the ball (if in a hurry, skip to Feb. 15; Snopes has since silently removed some but not all of the misleading commentary of which readers complained); and coverage of the law’s appalling effects in such areas as thrift stores, youth motorcycles, ballpoint pens, and (so far with many of the worst effects postponed) toys, apparel, and libraries.

CPSIA: getting Washington’s attention

kidsdancearoundtree

Given that nearly every member of Congress voted for CPSIA last year, it’s not surprising that that body of lawmakers was slow to respond to reports of the law’s catastrophic consequences. It’s beginning to happen now, though. Republicans have been in the lead, the latest sign being a strong letter from ranking House Commerce minority members Reps. George Radanovich (R-Calif.) and Joe Barton (R-Calif.) asking for a hearing. The motorcycle/powersports issue has also kindled widespread interest from Hill members (example: Rep. Michael Simpson, R-Idaho).

On March 4 there was a welcome break in the ice on the Democratic side as well. Rep. John Dingell (D-Mich.) sent a letter to the commissioners of the CPSC that, although cautiously worded, acknowledges many of the reports of calamitous consequences from around the country, something that his colleagues Rep. Henry Waxman (D-Calif.), Rep. Bobby Rush (D-Ill.) and Rep. Jan Schakowsky (D-Ill.) have been unwilling to do (when not dismissing those reports as based on misinformed or uninformed rumor). Of course, there is famously no love lost between Dingell and Waxman, who ousted him as Commerce chair. But Dingell’s stand could give cover for other Democrats to join in heeding the public outcry as legitimate. That letter in turn has prompted many CPSIA critics to write Dingell letters in hopes of arming him with more facts and arguments on the law’s ill effects: see in particular Rick Woldenberg and Wacky Hermit.

Waxman, for his part, has announced his intent to hold no hearing on the law until the Obama Administration installs a new chair at the Consumer Product Safety Commission. That serves the multiple functions of 1) stalling (while more small enterprises are driven out of business and thus are neutralized as political threats); 2) reinforcing the impression that the ball is in someone else’s court on addressing the law’s harms; 3) assisting in orchestrating whatever hearing is eventually held, since he expects an ally of his own to be installed as CPSC chair (the ultimate nightmare for CPSIA critics in that job would be someone like Pamela Gilbert, the class action lawyer, former plaintiff’s-lawyer lobbyist, and longtime Litigation Lobby figure who ran the Obama transition effort for the agency).

The membership of the House Energy and Commerce Committee, by the way, is listed here (hit “membership”; scroll to “Subcommittee on Commerce, Trade, and Consumer Protection” to find the members most directly involved). The membership of the Senate Commerce Committee is listed here and that of the Subcommittee on Consumer Protection, Product Safety and Insurance here.

Some miscellaneous weekend reading about the law: John Markley, Bureaucrash; Michael Maletic (Weil Gotshal & Manges), Republican National Lawyers Association; Ed Driscoll, Pajamas Media.
Public domain graphic: Grandma’s Graphics, Ruth Mary Hallock.

CPSIA and motorsports: jamming the spokes

Losses are mounting and anger rising in the world of youth minibikes and powersports, where CPSIA has kept an entire industry shut down for more than a month now, as dealers sit on $100-million-plus inventories now rendered unlawful to sell. Polaris logoOn Sunday the Minneapolis Star-Tribune ran a substantial piece on the CPSIA debacle which focused on motorsports (while also mentioning in passing such disaster areas as thrift stores and kids’ books). The rising outcry is putting Minnesota Democratic Sen. Amy Klobuchar on the hot seat: after taking a prominent role as co-sponsor of the law, she now blames the Consumer Product Safety Commission for the way it’s working out in practice. Aside from the general popularity of kids’ motorsports in Minnesota, ATV manufacturer Polaris, whose Outlaw 50 model was suddenly banned, is headquartered in that state.

On Wednesday the CPSC confirmed that (per its lawyers’ advice) it was turning down an exemption for youth power vehicles, in that it could not certify what the law requires it to certify, namely that keeping them legal would not result in “any” absorption of lead by a person under 12, ever, or any other risk to public safety or health. Cycle News delves into the details here (with a funny picture) and here. Ryan Leyba at ESPN/FMX also surveys the situation in Congress — where they’re refusing to do anything and, like Klobuchar, blaming the CPSC’s lawyers — and quotes one dealer:

“Business was already slow, and now we’re just dead,” says Gus Saba, general manager of Corona Motorsports in Corona, California. “A lot of people want to get back into the sport [ATVs or dirtbikes] with their kids, and if they can’t buy a bike for their kid, they might not buy one for themselves, either. It’s a mess. We can’t order parts, we can’t service anything. We don’t know what’s going to happen; no one can put a timetable on it.”

missouri
Missouri is another state where the minibike community has been hard at work organizing, and the Associated Press, which in general has been a poor place to turn for news on CPSIA, covered the resulting rally in Jefferson City, in an article that got good national pickup. The Missouri House of Representatives has passed a resolution of support. And 2WheelTuesday offers “Stories of a Motocross Generation“: first-person responses to the ban.

Some miscellaneous CPSIA reading: Rick Woldenberg is introducing “our fabulous new Future World Collection of exciting educational materials for the post-CPSIA world. Our products will be lead-free and phthalates-free and in the case of most products, entirely play value-free.” The tongue-in-cheek “catalogue” can be seen here (PDF). At Politico, conservative columnist Hugh Hewitt blasts Congress for its inaction. The Hill covers the Washington wrangling. Punditry by the Pint says “it’s time to repeal this law.” And Scott Greenfield writes, “The Real Risk is the Loss of Childhood Happiness“.

P.S. CPSC has made available videos of its meetings with industry on bicycles and ATVs.