After e-mailing my congressman Roscoe Bartlett, This was his response.
Thank you for contacting me regarding the Consumer Product Safety Improvement Act of 2008 (H. R. 4040). I appreciate the opportunity to respond.
In response to several product recalls in 2007, particularly recalls involving children toys with high lead content, Congress passed and the President signed the Consumer Product Safety Improvement Act. This legislation, which became law on August 14, 2008, determines specific limits on the amount of lead allowed in children's products. If the item contains more than the specified amount it is considered a hazardous material and banned under the Federal Hazardous Substances Act. These limits will be enacted over a three year period.
I have introduced legislation (H.R. 968) to ensure the availability of safe and affordable toys, books, and clothing for children at thrift shops, consignment shops and neighborhood yard sales. This bill will correct unintended consequences of the Consumer Product Safety Improvement Act of 2008. H.R. 968, sponsored by Representative John Shadegg, is identical to companion legislation introduced by Senator Jim DeMint, S. 374.
As a scientist and engineer, I know that every program can be improved. This bill will protect children from lead contaminated imported toys without bankrupting American small businesses including craftsman and second-hand stores. Millions of Americans depend upon these neighborhood stores to obtain affordable toys, books, and clothing for their children.
Specifically, H.R. 968 and S. 374 will:
o Extend the February 10th deadline for six months to allow for comments and practical implementation of the law.
o Allow smaller manufactures to use the lead testing done by their suppliers on their component parts to certify the lead content.
o Protect thrifts stores, yard sales, consignment shops and other second-hand sellers from potential liability.
o Prevent retro-active enforcement of the Act to compel manufactures from destroying products that were legal to sell prior to the February 10th, 2009 deadline. The bill would only require that products manufactured after the effective date of the regulations have to comply with the requirements of the Act.
o Provide a one-time good-faith exemption for small businesses who accidentally run afoul of the law.
o Require the government (through the Consumer Product Safety Commission) to provide small businesses with a compliance guide. This Law and the required regulations will be extremely technical and would serve as a burden on small businesses.
I am aware of the unintended effect this legislation will have on off-highway vehicle recreation and will work to correct this ban. I appreciate you for taking the time to contact me. I will continue to study the issues involved. I hope you will continue to keep me informed on issues that are important to you. In the meantime, I encourage you to visit my Internet website
http:///www.bartlett.house.gov/ where you can sign up for e-mail updates.
Sincerely,
Roscoe Bartlett
Member of Congress
Anyway it sounds like something is being done to amend this new law. It's just how long is this going to take to correct??! I think the more people that take action on this issue the better. So tell everyone!