Originally Posted by Belleweather
I got my information from reading the text of the actual law. As an information getting tool, I strongly suggest it -- going to the primary source is always better than getting someone else's opinion about what the primary source says.
Wow, thanks for assuming that I haven't read the law.
I NEVER KNEW that reading the primary source is a good information getting tool; thank you for filling me in on that tidbit. I don't know how I've managed all these years...
How is it, exactly, that you are reading the law entirely different from pretty much everyone else? Why exactly would there be hearings about it if it were only on imports, as you stated? Why wouldn't our lawmakers just pat us on the head and say, "Silly you, if you read the law, it's only for imports." Oh, that's right, it's because NONE of us have read the law!!
And would you suggest that, while we wait for them to determine how they are going to enforce the law, that we should sit around and do nothing, while some of our livelihoods are on the line? Let's just sit and shut up, not be proactive, and potentially allow our government to singlehandedly snuff out thousands of American owned small businesses! God forbid we take an active role in pushing for amendments and exemptions to save the businesses we work our butts off for!
The CPSIA snuck up on a lot of us, and many were unaware of it at all. Those of us with businesses on the line, especially people like me, where my business is the ONLY income my children and I see, are concerned. Based on my READING OF THE LAW, and looking at various other information that the CPSC has released in regards to this law, including reading the CPSC's summaries of the individual parts of the law, and their FAQ's posted on their website, calling the CPSC more than once, and even speaking with my representative's office, every American manufacturer of any item for children is subject to this law just as much as the importers are.
Maybe you should call the CPSC and tell them that they are not correctly interpreting the law as written. That would save all of us SO much trouble.
And for those people who don't want to muddle through the law, here are the summaries PROVIDED BY THE CPSC (those would be the people who enforce this law), in layman's terms. Which were apparently misinterpreted by the CPSC themselves.
"The new legislation imposes an additional third-party testing requirement for all consumer products primarily intended for children twelve years of age or younger. Every manufacturer (including an importer) or private labeler
of a children’s product must have its product tested by an accredited independent testing lab and, based on the testing, must issue a certificate that the product meets all applicable CPSC requirements. "
"Products without the required certificate cannot be imported or distributed in commerce
in the United States. The certificate must accompany the product or product shipment and must be available to CPSC and Customs and Border Protection upon request. Failure to furnish the certificate or furnishing a false certificate can subject the manufacturer or private labeler to civil and criminal penalties. "
(Emphasis mine.) Available here - http://www.cpsc.gov/about/cpsia/summaries/102brief.html
I would ASSume that this is where thrift stores fall, as products cannot be "distributed in commerce" without the required certificate.
"Is the importer or U.S. manufacturer required to supply the certificate to its distributors and retailers?
Yes. The importer or U.S. manufacturer is required to "furnish" the certificate to its distributors and retailers. The Commission's rule states that this requirement is satisfied if the importer or U.S. manufacturer provides its distributors and retailers a reasonable means to access the certificate."
Hmmm...strange that they would use the words "U.S. manufacturer" if all U.S. manufacturers were exempt from this law!
Available here - http://www.cpsc.gov/about/cpsia/faq/102faq.html
Here's an excerpt from the FAQ's about the tracking labels. Again, strange that they would say "domestically made products", since Belleweather has determined that this law only applies to imports.
"Are tracking labels required on domestically made products or are they only required for imported products?
Tracking labels are required for all children’s products manufactured one year after enactment of the CPSIA (August 14, 2009) regardless of whether they are domestic or imported products."
You can watch videos of the CPSC's meetings here, where the law is discussed at length - http://www.cpsc.gov/about/cpsia/testing.html
I think I'll go with the CPSC's interpretation of the law, since they would be the ones, along with the Attorney General's office, slapping me with a fine and possible jail time if I am not in compliance.