I'm sure some of you are aware of the upcoming toy 'safety' regulation to be imposed in early February by the Consumer Products Safety Commission. As someone with a vested interest in these industries, but more importantly the fight for liberty on principle, I have followed the news pieces with a keen eye, and have spoken to people for which there is deep concern that their businesses or activities will be falling under the hammer of this bureaucratic madness.
The Consumer Product Safety Improvement Act (CPSIA), will create more government jobs and impose regulations with such broad sweeping impact as to submarine the domestic toy making industries and ban small businesses reselling toys and even clothing as intended for children:
Some people believe that this explanation is a good sign to toy resellers after initial confusion, however it is clearly not. Resellers will not be required to test, however they will still be legally responsible if someone tests a product at a later date and finds it has toxic materials above the specified limits. The limits themselves appear to be open to change at any time by decree of the CPSC, however they have chosen a timetable which will allow toys containing toxins to enter the market anyways, completely contradicting the claim and purpose of the regulation. But is this surprising to those who understand the nature of government??
Here is a video explanation, given by a representative of the CPSC:
Notice the snarky comments claiming a spread of misinformation without actually citing what people do not understand about the legislation. In the video, it is claimed that resellers should use their best judgment, yet even if they do want to test it is also claimed that most lead test kits aren't even accurate. In summary: Even if you test for lead in the items you sell, there's no guarantee that your testing methods are even recognized and accepted by the CPSC, and will not prevent you from being sued and put out of business.
I've spoken with a lady in my area who operates a maternity and toy consignment shop. She has severe concerns about the risks of operating after the regulation takes effect. Her business website exclaims the following:
"Because of the new Consumer Product Safety Improvement Act (CPSIA)that is going into affect on Feb. 10th 2009, the items I accept, may change. I'm trying to understand this new law and find some resources to help us identify the items that are safe for children ages 12 and under. Stay tuned."
It is clearly not within the government's interest to do the testing themselves. Their interest is penalizing, but not preventing harm: Even my own neighbor, who makes 'natural' unstained wooden toy robots, will now be prohibited from offering his products in the marketplace without first spending thousands to test these products, yet as stated above, there doesn't seem to be a clear explanation of how to test them to the government's satisfaction.
As for myself, I sell Lego in the secondary market, and the clarifications made by the CPSC suggest I will not be prohibited immediately by the law to operate, even though the Lego company itself will be impacted: There's no guarantee that Lego's rigorous testing methods will meet the satisfaction of the US government, which will mean higher costs for production. There is no guarantee that I am safe from further draconian action, but that's besides the point: These regulations must be rejected and resisted on principle, no matter how minor its impact.
Unfortunately too many people think regulation is acceptable so long as it is done within 'reason'. However it's ill-advised to put any faith in those who do not act in accordance with economic incentives and instead dictate through threats of force. Needless to say, anti-competitive forces expand under this new regulation and one should expect toy prices to increase.
Some individuals opposed to this regulation opened up a new website called 'National Bankruptcy Day', with excellent resources for following the situation:
I appreciate any support you can provide on this issue, or even your patronage: I know my neighbor would appreciate some business in the face of the situation. :)
I'm sure some of you are aware of the upcoming toy 'safety' regulation to be imposed in early February by the Consumer Products Safety Commission. As someone with a vested interest in these industries, but more importantly the fight for liberty on principle, I have followed the news pieces with a keen eye, and have spoken to people for which there is deep concern that their businesses or activities will be falling under the hammer of this bureaucratic madness.
The Consumer Product Safety Improvement Act (CPSIA), will create more government jobs and impose regulations with such broad sweeping impact as to submarine the domestic toy making industries and ban small businesses reselling toys and even clothing as intended for children:
http://consumerist.com/5117450/new-toy-safety-rule-has-collateral-damage...
On January the 9th, the CPSC published this document explaining the new regulations:
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html
Some people believe that this explanation is a good sign to toy resellers after initial confusion, however it is clearly not. Resellers will not be required to test, however they will still be legally responsible if someone tests a product at a later date and finds it has toxic materials above the specified limits. The limits themselves appear to be open to change at any time by decree of the CPSC, however they have chosen a timetable which will allow toys containing toxins to enter the market anyways, completely contradicting the claim and purpose of the regulation. But is this surprising to those who understand the nature of government??
Here is a video explanation, given by a representative of the CPSC:
http://www.wbaltv.com/video/18479590/index.html
Notice the snarky comments claiming a spread of misinformation without actually citing what people do not understand about the legislation. In the video, it is claimed that resellers should use their best judgment, yet even if they do want to test it is also claimed that most lead test kits aren't even accurate. In summary: Even if you test for lead in the items you sell, there's no guarantee that your testing methods are even recognized and accepted by the CPSC, and will not prevent you from being sued and put out of business.
I've spoken with a lady in my area who operates a maternity and toy consignment shop. She has severe concerns about the risks of operating after the regulation takes effect. Her business website exclaims the following:
"Because of the new Consumer Product Safety Improvement Act (CPSIA)that is going into affect on Feb. 10th 2009, the items I accept, may change. I'm trying to understand this new law and find some resources to help us identify the items that are safe for children ages 12 and under. Stay tuned."
It is clearly not within the government's interest to do the testing themselves. Their interest is penalizing, but not preventing harm: Even my own neighbor, who makes 'natural' unstained wooden toy robots, will now be prohibited from offering his products in the marketplace without first spending thousands to test these products, yet as stated above, there doesn't seem to be a clear explanation of how to test them to the government's satisfaction.
As for myself, I sell Lego in the secondary market, and the clarifications made by the CPSC suggest I will not be prohibited immediately by the law to operate, even though the Lego company itself will be impacted: There's no guarantee that Lego's rigorous testing methods will meet the satisfaction of the US government, which will mean higher costs for production. There is no guarantee that I am safe from further draconian action, but that's besides the point: These regulations must be rejected and resisted on principle, no matter how minor its impact.
Unfortunately too many people think regulation is acceptable so long as it is done within 'reason'. However it's ill-advised to put any faith in those who do not act in accordance with economic incentives and instead dictate through threats of force. Needless to say, anti-competitive forces expand under this new regulation and one should expect toy prices to increase.
Some individuals opposed to this regulation opened up a new website called 'National Bankruptcy Day', with excellent resources for following the situation:
http://nationalbankruptcyday.com/
I appreciate any support you can provide on this issue, or even your patronage: I know my neighbor would appreciate some business in the face of the situation. :)
Your fellow Conspirator,
John A.
Peppermint Pig
Vigilia Pretium Libertatis