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Your Children's Section at the Library Could Be Closing Soon...

by Ian on January 19, 2009

...thanks to the US Government's far overreaching attempt to keep you "safe". If you haven't heard of the Consumer Protection Safety Improvement Act, you need to get informed. This new law could shut down small retailers, children's clothing companies and, yes, even the kid's section of your library.

{ 3 comments… read them below or add one }

Mary Ann Bernard January 20, 2009 at 3:44 pm

Unfortunately, you seem not to have read the clarification from CPSC posted here:

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

Specifically, “The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold.”

Yet, you continue to perpetuate they myth that all of your children’s inventory will have to be destroyed on 2/10. Please review the clarification.

Reply

Ian January 20, 2009 at 6:11 pm

The clarification is a statement from the agency and not actually part of the law. Therefore, it doesn’t hold any legal weight if those enforcing the law don’t want it to.

Further, while the opinion sounds nice, the CPSC website contains this statement right above the opinion:

“The views expressed in these Advisory Opinions are those of the Office of the General Counsel. Unless indicated otherwise in the Opinion, they have not been reviewed or approved by the Commission. These views were based on the best available information at the time they were written. They may be superseded at any time by the Office of the General Counsel, by the Commission, or by operation of law.”

In other words, it is just their opinion and not binding.

Can you afford to risk $100,000 fines if this opinion is deemed incorrect?

Reply

Mike January 20, 2009 at 6:37 pm

Mary Ann,

If you’re a member of Congress and you’re writing a draconian consumer protection law to protect children from being poisoned, why in the world would you exempt products that are already on the shelf? You’d include everything, of course. It only makes sense and that is how these laws work. Think about it.

Mike

Reply

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