New Law? Children's books banned???? - Mothering Forums

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#1 of 56 Old 01-08-2009, 01:21 PM - Thread Starter
 
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I hope this is okay to post here. I just received this e-mail today from one of my homeschool yahoo groups. Seriously. Can someone tell me if this is true? I have checked snopes, but cannot find out if this is accurate. I buy EVERYTHING used, so if it was in deed true and enforced, it will effect me a great deal. I wanted to post this here to see if others know anything about this. I've never heard of it. Thanks!

See email below:

__________________________________________________ ______
This just seems surreal- very sad

The Sale of Children's Books to be Banned
By Heather Idoni
---

Oh, how I wish this were a joke! But it is a grim and looming,
almost Orwellian, reality.

Effective February 10th, in the United States, the sale of
all children's books (books intended for children ages 12 and
under) is to be PROHIBITED. Every single book printed prior
to the ruling is affected, whether new or used. New books in
production are required to include a "lead-free" certification
and will be the only books that are legal to offer for sale.

What does this mean to the homeschooling family?

Well, for one, curriculum fairs across the country will be
cancelled as book vendors scramble to figure out how to comply
with the new ruling. Complete book inventories will have to be
destroyed -- the ruling even prohibits giving away the books!
Local thrift stores will be hard hit -- most will likely have to
close their doors -- yes, even Goodwill and Salvation Army.

Clothing, toys and books -- even CDs and DVDs are included in the
ruling. Thrift stores will no longer be able to accept or process
anything (including clothing) that would be intended for a child.

No more library sales. Libraries will not be permitted to give
away or sell book donations. It is unsure yet, however, how
the
libraries' shelves themselves will be impacted (the ruling
doesn't explicitly mention "loaning" books, just selling or
giving them away). The key word, however, is "distribution" --
libraries may well be required to destroy books from their shelves.

(The ruling that originally passed was about toys, but the EPA has
since made a statement that clothing, books and media are included
in "children's toys".)

Just how serious is this new law?

Amazon.com has already notified all vendors of their need to comply.
No book can be sold at the Amazon site that was printed prior to
compliance. And the "compliance" must be coordinated at the manu-
facturing stage. At the time of this article there is no clause
to be able to grandfather- in older books or even rare out-of-print
books. It can cost between $500 and $1500 to test a book for lead.

I happen to own a children's bookstore specializing in living books
from the 1950s and '60s. My punishment for selling a book after
February 10th? Up to $100,000 and 5 years in jail. And yes, it is
a felony charge. For selling a SINGLE book.

(Although I don't think the S.W.A.T. team scenario would become a
reality overnight, at the same time I would be leery of blatantly
violating Federal law.)

So what can you do to help save your local used bookstore that
sells children's books? Or that homeschool curriculum business?
Or your EBay business selling children's items?

ACT NOW before the quickly approaching deadlines:

1) Email or call the CPSIA - the office of the CPSC ombudsman at
888-531-9070. http://www.cpsc.gov/cgibin/newleg.aspx

2) Contact your local representatives. For their contact informa-
tion, just enter your zip code.
http://capwiz.com/americanapparel/dbq/officials/

3) Make your voice heard by voting on this issue! The top 3 in
each category will be presented to President-elect Obama.
http://change.org/ideas/view/save_ha...from_the_cpsia

4) Sign the petition.
http://ipetitions.com/petition/econo...SIA/index.html

5) Spread the word! Forward this article. Send an email. Write
about this on your blog. Tell others about this issue and
encourage them to do the same.

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#2 of 56 Old 01-08-2009, 01:37 PM
 
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I heard about this on the radio today, but still can't believe it. Literally, can't believe that it will actually happen. If the law does mean that all books already in existence need to be destroyed, then surely the law will have to be modified before that actually happens. I mean, that is INSANE.

To answer your question, I don't know how real this is. I know that there is a new law covering products for babies and children. I read about it this morning on this blog: http://uncommongrace.typepad.com/unc...-handmade.html which does not specifically address books, but some of the other terrible effects this would have. Imagine if we're forced to buy from giant unethical chains because the small business owner, not to mention the crafty SAHM, cannot afford to sell baby and childrens items!

But, as I said, I can't believe it will really happen to the extent it's supposed to. I heard about it on the Glenn Beck show this morning, and I came in in the middle and he was talking to either a guest or a caller who was explaining it to him. So I don't know how accurate it was. He was a small toy seller. He also said thrift stores would not be able to sell old toys that were not so certified.

No. : Can't happen. I don't believe it!

Diana, homebirthing, homeschooling, homemaking wife and mother of two (plus one more coming this Spring)!
Wrap Your Baby Comfy, versatile baby carriers and lots of wrap instruction.
Preparing to move our family of five into a motorhome and live on the road fulltime at Free Range Dreams.
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#3 of 56 Old 01-08-2009, 01:58 PM
 
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I found out about this a few days ago and am in shock. Can you imagine the repercussions of this?

-unimaginable need for landfills, which will have horrible consequences on the environment (by trying to protect children, we will effectively destroy the Earth for them)
-loss of treasures from the past
-a much worsened economy-- jobs lost for people who work for co. who are going out of business (ranging from toymakers to those working at thrift stores), increased prices of all children's items (who will be able to afford them when there are less jobs?), with no alternatives (used will no longer be an option)
-poor quality goods-- while the products may not have lead, only mass-marketed MIC items will be available; Selecta and other European toys (which have always had higher standards than the ones from China) will no longer be available; ditto for those handmade anywhere


This really won't affect only small business. It will affect EVERY children's item, which will, in turn, affect us all.

It is insane.

I read on a blog-- smoking around children-- being PREGNANT and smoking, drinking and being pregnant-- those things are still LEGAL. Like I said, insane.

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#4 of 56 Old 01-08-2009, 02:05 PM
 
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This is the first I've heard of this, and like everyone else, this is just too weird to be true. Surely we would have heard of something as big a deal as this longer than a month before enactment? Who voted on this?

Homeschooling mama to 6 year old DD.

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#5 of 56 Old 01-08-2009, 02:09 PM
 
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Wow! Where have I been? Oh yeah, probably reading some children's book....

I get a lot of great used children's books from Salvation Army and Goodwill for really cheap. I actually look for the really old books because I find them so precious. Sounds like I won't be finding much anymore.

This is really bizarre.

Laura - Mom to ds (10) and dd (7) "Time stands still best in moments that look suspiciously like ordinary life." Brian Andreas.

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#6 of 56 Old 01-08-2009, 02:12 PM
 
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There is a thread in activism with lots of info.

http://www.mothering.com/discussions....php?t=1008155

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#7 of 56 Old 01-08-2009, 02:19 PM
 
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May I forward this to my homeschooling group? I don't want to violate the user agreements.

I did open the links and read the summary of the proposed legislation. No where does it actually say that it applies to books. But it does leave "children's products" vague as though it could be interpreted that way. I did contact them submitting that question to be answered by there FAQ's and stated that I thought it should NOT apply to second hand books. I don't see any reason why current producers should not get new books tested.
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#8 of 56 Old 01-08-2009, 02:23 PM
 
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Nice. I just read that an IL rep (where I'm from), a DEMOCRAT, sponsored this bill.

http://www.govit.com/hr_4040/to_esta...and_other_saf/

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#9 of 56 Old 01-08-2009, 02:33 PM
 
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http://www.latimes.com/business/la-f...,6917858.story
Regulators rethink rules on testing children's clothing and toys for lead
The Consumer Product Safety Commission gives a preliminary OK to exempt some items from testing after complaints of hardship to thrift stores and sellers of handmade toys.


I'm not sure how the exemptions relate to books, but it sounds like complaints and concerns are being heard.
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#10 of 56 Old 01-08-2009, 02:37 PM
 
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I wouldn't get too stressed out just yet, they can write any laws they want, but enforcing them is another issue. Think of the manpower it would take to do this.
Are they going to create a taskforce to troll craigslist and ebay, go undercover in Goodwill ? Stalk rummage sales ? Harrass bookfairs ?
I am sure some things will change, but not too much to interfere with getting the books we need.
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#11 of 56 Old 01-08-2009, 02:55 PM - Thread Starter
 
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Quote:
Originally Posted by JesiLynne View Post
I wouldn't get too stressed out just yet, they can write any laws they want, but enforcing them is another issue. Think of the manpower it would take to do this.
Are they going to create a taskforce to troll craigslist and ebay, go undercover in Goodwill ? Stalk rummage sales ? Harrass bookfairs ?
I am sure some things will change, but not too much to interfere with getting the books we need.

yes, i agree enforcing it will be hard for all sellers. but i use amazon all.of.the.time - only they would need to uphold it to remain in compliance with the law, & sellers have to abide by their rules. so..that would still really suck for me (and you). i'm sure i will find other ways to get my "goods"... i'm not opposed to buying children's books off the black market, lol.

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#12 of 56 Old 01-08-2009, 02:56 PM - Thread Starter
 
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[QUOTE=greenmama;12943814]May I forward this to my homeschooling group? I don't want to violate the user agreements.

QUOTE]

i received it from my yahoo group, so i guess you can cut & paste it....i don't see why not???

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#13 of 56 Old 01-08-2009, 02:58 PM
 
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What about selling the books labelled as "collector's items only, not for children"...?

Heather married to my highschool sweetheart 6/7/02 :cop: Mother to Dani age 14 and Timmy age 10 Nadia 1/29 :
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#14 of 56 Old 01-08-2009, 03:02 PM
 
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I'm not sure how this will affect books, but the impact on thrift stores, small domestic manufacturers, and people who make handmade goods for children is very real. If there's something in the list above that you feel strongly about being able to sell or buy, I recommend that you contact your legislators. The multinational manufacturers for whom testing is not a burden are talking to legislators, and if you want YOUR interests represented, you need to say something.

I'm not sure how such a terrible law was passed, but it was, and I'm not going to sit back and wait for the same congress that passed the law to decide to fix it.

ZM
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#15 of 56 Old 01-08-2009, 03:05 PM
 
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Is there any verification that books are actually included in this ban? I know it's going to affect small toy makers if it actually goes through, but this is the first I've heard of it including books.

Ruth, single mommy to Leah, 19, Hannah, 18, and Jack, 12
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#16 of 56 Old 01-08-2009, 03:12 PM
 
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Quote:
Originally Posted by moondiapers View Post
What about selling the books labelled as "collector's items only, not for children"...?
The law has closed this loophole-- here is a quote:
Quote:
A “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered:

* A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.
* Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.
* Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
* The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
So, if a product is commonly recognized as a book for children, the law may apply (and I wouldn't want to volunteer to be the test case).
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#17 of 56 Old 01-08-2009, 03:16 PM - Thread Starter
 
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here's what i can find in relation to books. it is from this link:
http://www.cpsc.gov/about/cpsia/faq/101faq.html

Does the new requirement for total lead on children's products apply to children's books, cassettes and CD's, printed game boards, posters and other printed goods used for children's education?

In general, yes. CPSIA defines children’s products as those products intended primarily for use by children 12 and under. Accordingly, these products would be subject to the lead limit for paint and surface coatings at 16 CFR part 1303 (and the 90 ppm lead paint limit effective August 14, 2009) as well as the new lead limits for children’s products containing lead (600 ppm lead limit effective February 10, 2009, and 300 ppm lead limit effective August 14, 2009). If the children’s products use printing inks or materials which actually become a part of the substrate, such as the pigment in a plastic article, or those materials which are actually bonded to the substrate, such as by electroplating or ceramic glazing, they would be excluded from the lead paint limit. However, these products are still considered to be lead containing products irrespective of whether such products are excluded from the lead paint limit and are subject to the lead limits for children’s products containing lead. For lead containing children’s products, CPSIA specifically provides that paint, coatings, or electroplating may not be considered a barrier that would render lead in the substrate inaccessible to a child.

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#18 of 56 Old 01-08-2009, 03:16 PM - Thread Starter
 
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oh sorry zeldamomma, i did not see that you already had posted that info.

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#19 of 56 Old 01-08-2009, 05:52 PM
 
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Wow, I hadn't thought about books being included in this. I read that all used childrens clothing will be though. It is supposed to be all products that will be used by children 12 and under. I buy almost all of my kids clothes from Goodwills and thrift shops.

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#20 of 56 Old 01-08-2009, 06:20 PM
 
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as I stated up in post #9, it looks like used items will NOT be included in this. Regulators have voted to not apply it to used items or items made of wood and cotton (so this will help small businesses who make natural toys.) The link to the article is in post 9.
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#21 of 56 Old 01-08-2009, 06:22 PM
 
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Hmmm, how did I miss all these posts? I could have sworn I read all them before posting.

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#22 of 56 Old 01-08-2009, 06:25 PM
 
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http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

Sorry if this is already posted, but it doesn't sound like there's a problem with used books etc.
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#23 of 56 Old 01-08-2009, 06:39 PM
 
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I just got that exact same email- is this from the BAHA yahoo group?

I hope it's not going to happen. I need homeschool books!

To my husband I am wife, to my kids I am mother, but for myself I am just me.
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#24 of 56 Old 01-08-2009, 09:06 PM - Thread Starter
 
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Quote:
Originally Posted by eclipse View Post
as I stated up in post #9, it looks like used items will NOT be included in this.
this is from a person on my yahoo group in regard to whether used books are included:



Resellers don't have to test BUT the items we sell legally need to HAVE BEEN TESTED by the manufacturer. They will be issuing compliance certifications. On clothing, there will eventually be tracking tags sewn into the garments. I'm not sure how this would work with books--perhaps something printed inside or stamped?

Anyhow, if you read the link provided, don't miss this paragraph:

"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.
However, resellers cannot sell children’s products that exceed the lead
limit and therefore should avoid products that are likely to have lead
content, unless they have testing or other information to indicate the
products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties. "

So, you don't have to test but you have to KNOW what you are selling does not contain lead. How would you know if it doesn't have documentation? You test or don't sell it.

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#25 of 56 Old 01-08-2009, 10:14 PM
 
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This is a law that has already passed and is scheduled to take effect on February 9. It is scary, dangerous, and a horrible blow to our already suffering economy. What it means is that most small business owners will have to close. Thrift shows will no longer be able to sell children's items. We won't be able to buy second hand toys, clothes, books for our children. The local library book sales will no longer have childrens books in them. Ebay will not be able to list children's items. Many Etsy sellers will have to close their shops. Craft fairs will only be able to sell items that are used by those over 12 years old. So you buy a big plastic picnic table for your children. They play with it for a couple of years and then become too big for it. You want to give it to the young family next door so their smaller children can enjoy it. Be prepared to pay a $10,000 fine for your generous gift to the neighbor. Good Will and Salvation Army will not be able to take these items. You can't have a yard sale to clear out the excess toys. You cant give your kids hand me down clothes to your sister for her kids. Your only alternative to getting it out of your house is to take it to the landfill. Perfectly good toys, books, clothes, etc will all be filling the landfills for absolutely no reason.

We need to send the message that this law must be repealed. You can vote to have it on the list of things to be given to Obama when he takes office. CHeck it out for yourself at:

http://www.change.org/ideas/view/sav...from_the_cpsia

I've already put a disclaimer on my Etsy store that I can not sell any of my items for use by children under the age of 12. But what if I sell something to an adult that has a children's print on it? I can be fined $10,000 even if it really is being used by an adult. Because the design appears to be for a child, that's all they need to fine me.

THose of us in the handmade industry have been talking and worrying about this for months now.

And if you think this is the only stupid law that has been passed. California passed a law that will ban ALL incandecent light bulbs in the entire state taking effect in 2010. A good law you say. It's time for everyone to use the energy saving light bulbs. Guess what? The head lights in your car are incandecent. So is the light bulb in your refrigerator and your oven. Come 2010, these will all be banned in California.

Kathi

:::Mom to 5 adult children and 8 year old, Dakota "Why do they call it homeschool, we're never at home?"
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#26 of 56 Old 01-08-2009, 11:58 PM
 
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Regarding USED items, please see this-- it does not state anything about needing a compliance certificate:

Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.

(snip) However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content(snip). Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

(snip) The selling of recalled products also could carry civil and/or criminal penalties.

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

So, it looks like you CAN sell used items w/o certification, BUT the resellers will be held liable if the items violate the safety standards. I don't know if they will want to risk it.

RE: Handmade items, a pp posted this link, and here is what is says:

The commission's two members (a third seat is vacant) voted tentatively to exempt:

* Items with lead parts that a child cannot access;

* Clothing, toys and other goods made of natural materials such as cotton and wood; and

* Electronics that are impossible to make without lead.

The commission also tentatively approved a rule that clarifies how it determines exclusions from the law.

The vote opens up a 30-day public comment period that will begin when notice of the rules are printed in the Federal Register. Interested parties can find out how to submit comments by signing up to receive e-mail from the CPSC at www.cpsc.gov .

(repost of the link from above: http://www.latimes.com/business/la-f...,6917858.story)

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#27 of 56 Old 01-09-2009, 12:38 AM
 
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Hopefully books are safe. It feels like we keep finding out more and more as the date speeds closer. Let's all vote for change on this! It is already affecting families! We own Milagros Boutique in Portland, Oregon and have already had WAHM's closing up their crafting doors

We've sent oodles of e-mail messages out and continue to. Not sure if it is mentioned here already, but the change.org voting is in it's second round. Time for us to vote again! And send the following to anyone who can read:

Here are some ideas on what you can do to help in order of relevance in our opinion:

* Contact your congressional delegation. A form letter as well as contact information may be found here: http://www.handmadetoyalliance.org/how-you-can-help
* Raise the visibility of this issue with the Obama adminstration. Vote and comment on the issue here:http://www.change.org/ideas/view/sav...from_the_cpsia
* Notify your friends, family, and neighbors about this issue.
* Send a letter to the editor about this to your local press. If you live in Portland, here is contact info for the larger local newspapers:http://saveouropenspace.com/contact-the-press/
* Sign the on-line petition concerning this issue:http://www.ipetitions.com/petition/handmadetoys/

More in depth info that we've been sharing is on our site:
http://milagrosboutique.com/2009/01/...s-and-local-jo
bs/

This simply must improve! Visualize! Please spread the word!

Jennifer, Mama to Mila (5/14/2002) & : Gael (11/30/06), wife to Tony
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#28 of 56 Old 01-09-2009, 05:26 PM
 
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This freaks me out

Mama to 9 so far:Mother of Joey (20), Dominick (13), Abigail (11), Angelo (8), Mylee (6), Delainey (3), Colton (2) and Baby 8 and Baby 9 coming sometime in July 2013.   If evolution were true, mothers would have three arms!

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#29 of 56 Old 01-09-2009, 06:17 PM
 
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I've stopped calling government "big brother", I now call it the "jelly fish".

Ahhh tea the essence of life.
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#30 of 56 Old 01-10-2009, 01:14 AM
 
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Quote:
Originally Posted by laohaire View Post
This is the first I've heard of this, and like everyone else, this is just too weird to be true. Surely we would have heard of something as big a deal as this longer than a month before enactment? Who voted on this?
All but 3 congressmen voted on this. It was an election year of course they were going to vote yes for children's safety. They don't care if it puts thousands of WAHM's and other micro businesses out of business. :


This is real and it is happening. Please go call your reps, your congressman/woman. If you cannot call write or email but calling is best.

Also send the info to everyone you know, there has not been a lot of media coverage on this. Its just now starting to make the news so many many people do not even know this is happening. I've been watching this unfold for a few months now and it makes me sick and very very sad.

Allison wife and mom to four. 

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