Know what is in your environment

May 6, 2010

Handmade Toy Alliance Press Release

I am reposting a blog/press release from our friends at the Handmade Toy Alliance (HTA).  Several board members met with the House Energy Commerce Sub-Committee on consumer protection last week to discuss new pending regulations, the Consumer Product Safety Enhancement Act (CPSEA).  Essco Safety Check completely agrees with the HTA that alternative testing methods, such as X-Ray Fluorescence (XRF) Analyzers, can help with the survival of small businesses.  XRF analyzers and the data they provide can help keep businesses compliant with regulations, lower testing costs, protect children and help get their products to market faster than traditional, expensive and destructive testing methods.

Please visit www.handmadetoyalliance.org for more information

HTA Press Release: “We strongly urge both sides to work through their differences and move forward on this important reform of the CPSIA”

The Handmade Toy Alliance (HTA) testified on April 29th at the

HTA in Washington D.C. April 29th, 2010

House Energy and Commerce Sub-Committee hearing regarding the Consumer Product Safety Enhancement Act (CPSEA). HTA Founder and Vice President, Dan Marshall (Peapods Natural Toys -MN), Board member Jolie Fay (Skipping Hippos – OR) and Board member Randy Hertzler (euroSource – PA) traveled to DC to participate in this very important process.

“The HTA has endorsed the Consumer Product Safety Enhancement Act”, Marshall stated during his testimony before the Sub-Committee. “The provisions of the bill which allow alternative testing methods for small batch manufacturers are imperative to the survival of our members.” Marshall went on to share various aspects of report language that would further serve to clarify Congress’ intentions with the amendment.

In the few days since the hearing, however, Democrats and Republicans on the committee have signaled that they might not be willing to negotiate a bipartisan bill. “We strongly urge both sides to work through their differences and move forward on this important reform of the CPSIA,” said Jill Chuckas (Crafty Baby -CT), HTA Secretary. “The livelihoods of thousands of families hang in the balance.”

In addition to testimony from the HTA, the Sub-Committee heard from representatives from Goodwill Industries, the National Association of Manufacturers (NAM), American Apparel and Footwear (AAFA), Motorcycle Industries, Consumers Federation of America (CFA) and Rick Woldenberg (Chairman, Learning Resources).

Following opening statements, there was a question and answer period which focused around the difficulties of small batch manufacturers and specialty retailers to understand and comply with the CPSIA. “We were pleased to hear a series of questions surrounding harmonization with EN-71 which is of special concern to those in our membership who import product directly from the European Union,” stated Hertzler. “Dan (Marshall) had the opportunity to discuss this issue in depth.”

HTA Board members also had the opportunity to visit with many of the House Committee members, as well as a number of members of the Senate Commerce Committee. “It was an incredibly busy few days, squeezing in as many legislative visits as possible,” Fay shared. Marshall added “Our focus was to share the HTA story and collective concerns with a large number of Congressional members, furthering our efforts to provide relief to small batch manufacturers, crafters and specialty retailers. It has been clear from the beginning that we were not the intended targets of this legislation, but unfortunately, our members have the most to lose. It is time to remedy these unintended consequences of the CPSIA.”

The House Sub-committee will now decide whether or not to move forward with mark up and presentation of the Consumer Product Safety Enhancement Act (CPSEA), as the bill has been named, to the House floor. “Our focus now is to help this process proceed quickly,” Marshall continued. “It has been a very long road to common sense changes to the CPSIA. The Subcommittee members now need to openly discuss this bill, come to an agreement and move forward. The time for waiting is over. Congress needs to move swiftly to fix the issues with the CPSIA.”

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April 30, 2010

The Subcommittee on Commerce, Trade, and Consumer Protection held a hearing about the “Consumer Product Safety Enhancement Act” on Thursday, April 29, 2010.

Thursday, April 29th beginning at 10am, the Subcommittee on Commerce, Trade and Consumer Protection held a hearing to discuss the Consumer Product Safety Enhancement Act (CPSEA) and the impacts of this pending regulation on the Consumer Product Safety Improvement Act (CPSIA)

Witnesses included:

•Rosario Palmieri, Vice President for Infrastructure, Legal, and Regulatory Policy, National Association of Manufacturers
•Paul Vitrano, General Counsel, Motorcycle Industry Council
•Jim Gibbons, President and Chief Executive Officer, Goodwill Industries International
•Dan Marshall, Handmade Toy Alliance
•Rachel Weintraub, Director of Product Safety and Senior Counsel, Consumer Federation of America
•Steve Levy, American Apparel and Footwear Association
•Rick Woldenberg, Chairman, Learning Resources, Inc.

The CPSEA is a bill that would provide exceptions to lead and phthalate prohibitions and regulatory relief for thrift stores, small manufacturers, and other businesses.  

The legislation seeks to resolve some of the concerns raised by various interested parties by addressing unforeseen impacts of CPSIA. To this end, the legislation provides three major forms of relief:

• New regulatory flexibility for CPSC to exempt certain products, components, and materials from the lead limits in CPSIA, with limitations to ensure protection of public health;

• Relief for thrift stores and other retailers through an exclusion for certain used children’s products from the lead limits, and a modification of the lead limit, set to take effect in August 2011, so that it will apply only to newly manufactured products;

• Relief for small batch manufacturers and other businesses by allowing the commission to approve alternative testing requirements for certain small batch manufacturers, by requiring CPSC outreach and assistance to small businesses, and by providing that the law’s phthalate limits shall not apply to inaccessible component parts.

The legislation also provides for a narrow set of improved and clarified authorities to allow the CPSC to carry out the law.

You can read the Committee Print of the CPSEA here.

You can review the Subcommittee on Commerce, Trade and Consumer Protection hearing of the CPSEA held on Thursday, April 29th, 2010 here

Witnesses answered questions for almost two-hours, including testimony from Dan Marshall.  Dan spoke eloquently about the needed use of alternative testing methods, specifically X-Ray Fluorescence (XRF) analyzers.  Dan also submitted an economic impact analysis that I (Seth Goldberg, President, Essco Safety Check) wrote back on January 22, 2010 entitled “the potential economic impact of the CPSIA” and the Handmade Toy Alliance (HTA) reposted this blog on February 11, 2010 “Allowing XRF testing for CPSIA compliance could save $3.7 Billion and save small businesses.”

If anyone has any question about this analysis that I wrote, please feel free to ask me questions.

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