We ARE Making a Difference!

Unless you’re a politician or a lobbyist, it’s not often that you get to feel you made a difference in the federal workings of government. I’m not talking about just voting (which we all should participate in). I’m talking about being a part of a movement to change a law or regulation for the better.

Well, if you called or wrote a congressman, the media, or encouraged a friend to do so to change the CPSIA, today you can take credit for making a difference!

See the press release the CPSC issued yesterday: http://ping.fm/p8kon

If you have some time on your hands, you can read the 19 page document from the CPSC here: http://ping.fm/gqMkR

CPSC Delay Not the Solution

In brief, the CPSC is delaying for one year some portions of the law regarding the mandated testing. However, just like when the CPSC issued the statement saying resale shops weren’t required to test existing inventory, all manufacturers are still required to follow the new lower limits.

So, this new delay, while an encouraging step in the right direction, is not the solution. And it wouldn’t have happened without all of us hitting the CPSC daily with calls an emails. Keep it up!

Upcoming Legislative Fix

Senator DeMint of South Carolina is one brave soul that is standing up for sanity: he plans to introduce a bill the first week of February to fix the fundamental problems of the CPSC. See his blog here:
http://ping.fm/UDygP

In short, the major changes he’ll be asking for are:
1. Delay the regulations six months.
2. Allow small manufacturers to use the testing and certification that their component suppliers have done to certify that the components do not contain an impermissible amount of lead.
3. Exempt thrift stores, yard sales, consignments shops and other re-sellers from the prohibitions in the act.
4. Prevent retro-active enforcement of the act.
5. Provide a Good-Faith Exemption.
6. Require the CPSC to provide small businesses with a compliance guide.
This morning, I’ve also heard the similar legislation will be introduced in the House by Congressman Alan Putnam of Florida, but I’ve not been able to track down the source of this good news to confim it.

In any case, though introducing legislation is a huge step for us, we cannot rest on our collective laurels. Unless and until it is passed, we haven’t accomplished our goal. So the bottom line is: keep up the pressure! Keep calling Congress, the media, and sharing this story with your friends to encourage them to do the same!

We are making a difference!

Jennifer Guenther
Enkore Kids
www.enkorekids.com
www.enkorestuff.com

Lead Hazards & Some Perspective

As I mentioned in my last post, we will still be open on February 10. We are in the process of researching all our current stock, new and used, to ensure they are in compliance. While all textiles have proven to be lead free (see this video of the CPSC's meeting with the Apparel Industry), all adornments are can be suspect. The most common offenders are rhinestones and other "bling", but zippers, buttons, and snaps have also occassionally failed.

Without an XRF analyzer (an item that costs around $30-50,000), there is no way to test these items in products already on the market. At Enkore Kids, we will be monitoring the CPSC's website for information on recalls as well as the National Association of Resellers & Thriftshops for information on unofficial tests. We obviously cannot ban all clothing with buttons, zippers, and snaps, but we will be pro-active in eliminating the "bling" that has failed most often.

For the rest, it'll be good practice to have your children refrain from sucking on their zipper-pulls or other adornments on their clothing.

To gain some perspective, however, read this article from the FDA on lead. It states that the number one source of ingested lead continues to be paint from older homes and from solder in water pipes, also from older homes. According to one source, a child would have to eat all the paint off of 26 of the recalled Thomas the Trains to equal the amount of lead in a week's worth of ingested water that goes through lead-soldered pipes.

While their is no "safe" amount of lead, calcium in a child's diet can reduce the amount of lead actually absorbed. Lead can be inhaled and ingested, but it is not absorbed through the skin.

The Silver Lining

Congress held a meeting on the CPSIA on Friday, 1/16 and the result is this post-meeting message they sent to the CPSC. I'm dissappointed that Congress didn't definitively act to correct all the confusion, but instead put the onus back on the CPSC to issue rulings and exceptions and training to ensure this law still goes into affect as planned on February 10.

Though 4 years isn't enough time to get people ready for the conversion to digital TV (see my 1/8 posting below), 6 months is apparently enough time to change a $20 billion dollar toy industry. I don't even know what the scope of clothing, books, and other child-related equipment is.


There is a silver lining, though, at least so far as the second-hand industry goes: everyone we have spoken with and have heard from in the news and on-line has said that this is not a law targeted at the resale market. So while we are still pushing for amendments to the actual law to make that clearer and while we are still urging action on common-sense exemptions for handcrafted items, Enkore Kids will continue carrying quality second-hand toys, clothing, and equipment.

See our previous postings for contact information and please continue to urge Congress and the CPSC to action. There are some in Congress that see the problem. Read this letter dated January 21st.

And here is a letter from Macy's to their vendors. It is dated January 15, 2009. If such a large company as Macy's was unaware of this law till now, how on earth is everyone else supposed to know what is going on? Please keep calling your Congressmen to have this law delayed till adequate refinements and guidance can be issued.

In the meantime, Enkore Kids will resume accepting children's items. We, as usual, will be checking the recall website, but we'll also be networking with other resale stores and manufacturers to share information on known or suspected used items that may exceed the new lower limits.

We have already been working with our vendors to ensure our existing inventory will meet the new standards and are confident that they do. However, though the law says items made before November 2008 don't need to be officially tested, items made after that date do require testing. This is not a problem for the national brands we carry as they have always tested their items. The problem is with the hand-made hair bows and barrets, the Baby Capes and the baby slings. These are made by micro-businesses, mostly work at home moms. To see the estimated additional cost for hand-made items for items under the CPSIA, check out Etsy.

Another problem with the law came to our attention, when co-owner Susan went to the dentist with her son: the pediatric lead vest that was used to protect him from unnessary x-ray exposure was certainly designed for children under 12 and it is not exempt from the CPSIA as it currently stands. So, Mom & Dad: would you prefer a lead vest placed on your child and risk lead ingestion or ban the vest and ensure unnecessary x-ray exposure?

New Guidelines for Used Children's Items:

As I said, we will be immediately resuming appointments to accept quality children's items. As there will be additional work for us in processing things to ensure they meet the new standards, please follow these guidelines:

Clothing:

• Only name brand clothing. Items with size/manufacturer sewn in tags removed will not be accepted.
• For sizes 12 and below: no clothing with appliques or other embellishments.
• Please limit to 25 items per appointment while we get familiar with this more detailed processing.

Toys & Equipment:

• Only name brand will be acceptable. This allows us the ability to use the manufacturer's website for research.
• Increase what we can offer you by including the original box, instructions, and other information if available. (As it'll save us time in researching specific models.)

Kids' Sports & Dance Gear:

• This is something we haven't actively looked for in the past, but have found customers asking for.
• So if you have outgrown sports gear (skiiing, sports cleats, karate, soccer, football, baseball, etc) or dance gear (ballet, tap, jazz outfits & shoes) call us at 301-668-0837 for an immediate appointment.

Now Accepting Used Tools:

Yeah, I know, it doesn't seem like a fit with children's items, but we wanted to get Dad excited about coming to Enkore Kids, too. I know my husband is excited about the idea and we'll be listing some of our own tools shortly. Look around the house, surely you've got some tool purchased for a specific project that you'll never need again. Turn it into cash or store credit at Enkore Kids!

Initially, these will be listed exclusively on-line. Once we have enough of a selection to warrant space in the store, we'll put these non-kid friendly items in the garage area out of reach of children. Call for immediate appointments.

• Name brand power and hand tools only.
• Increase what you can earn by including the manual and all accessories.

We will continue to offer cash or twice the amount in store credit for most items. However, some more expensive items and the Kids Sports/Dance items may also allow you the option of consignement. Car Seats & Tools are accepted only on consignment.

Hope to hear from you soon! And keep up the pressure on Congress!

Jennifer Guenther
Enkore Kids
CEO/Mommy
http://www.enkorekids.com/
http://www.enkorestuff.com/

Keep the Phone Calls Going!

Our cause to overhaul the Consumer Product Safety Improvement Act (CPSIA) has been getting more attention:

See the Channel 11 NBC (Baltimore) story here. Even better, see the uncut interview with Julie Vallese (the CPSC Public Relations Director that resigned, effective tomorrow). She ever so eloquently explains the simple steps we need to do to be in compliance. Yeah, right.

There is a Congressional meeting (closed door unfortunately) on Friday at 2pm about this law. Please, please, continue to flood the Congress with your concerns so they are fresh in their minds when they meet to discuss possible changes.

Remember, to make this law workable for families and small business alike, we need:

• The retroactive interpretation reversed. Instead, resellers and retailers should only be responsible for items specifically recalled. A "guilty till proven innocent" approach will bankrupt families and small business and increase prices on all children's goods.
• Exclusions from testing for items historically free from lead: clothing & shoes without vinyl or attached charms, wooden toys, books, cloth diapers, hairbows, etc.
• Allow for component testing, so that when a bolt of fabric is used to make three different sizes of jeans, it only needs to be tested once, not three times. Small crafters making items from already tested items should not be required to retest.

I'm sure there is much more that needs to be done, but those are the biggest concerns for resalers (including parents selling their own kids stuff at yard sales & eBay) and micro-crafters.

In addition to flooding Congress with calls (click here for contact information), this (Jan 15) is the last day to Vote for Change. So be sure to add your vote for the Save Small Business from the CPSIA. The winning ideas will be presented to the Obama administration after inaugaration.

Thanks again to everyone who has taken time to make our democracy work for the people. Please keep up the great work as the job is not yet done.

Jennifer Guenther
Enkore Kids
CEO/Mommy
http://www.enkorekids.com/
http://www.enkorestuff.com/

Save Second-Hand Kids' Clothes & Toys:

Wow!

It's been a busy day answering emails, phone calls, and distributing our flyer to our local businesses and families here in Boonsboro. By the way, feel free to copy and distribute it far and wide to help us get the word out. Click here for the flyer.

Thank you to all of you that have forwarded the email I sent last night. Please keep spreading the word and directing people to do contact their representatives. Only Congress can make the change we need, according to the CPSC.

I also want to thank Blaine Young, from WFMD for allowing me to speak on the issue live on the radio. I was fortunate enough to be the first caller to introduce a topic and after I hung up, the calls flooded the radio station and the entire rest of the show discussed just the CPSIA! Then, immediately after the Blaine Young show, Glenn Beck spent a half hour on the subject. Read a transcript here. The Frederick News Post will be printed a story today (1/9) so be sure to check it out and add your comments! Also, NBC 25 out of Hagerstown, MD will be doing a story.

So, we've made some in-roads. But the work isn't done.

The CPSC issued a press release today. Heralded as the end of the resale industries troubles it is nothing of the sort. All it does is restate the law:

• Items made before November 2008 are not required to be tested as per the law, hence the CPSC reiterates that resale stores are not responsible for testing.
• However, those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

So we don't have to test, but to be sure we don't open ourselves up to civil and/or criminal penalties I either don't sell anything that I don't have a GCC for or I have to test it myself.

I feel insulted that the CPSC even bothered to issue that press release.

So the the CPSC has not heard the end of this issue from the resale industry and our Congressmen and Senators haven't either. Please keep on them about this important issue as it affects all of us with children, not just the resale industry. Click on the links in this paragraph for contact information.

What needs to be done:

• Reverse the Falvey Opinion that interprets the law with respect to lead is retroactive. Even once we get passed 2/10, the legal lead limit is lowered to 300 ppm in August, 2009 and to 100 ppm in August, 2011, so each time the stuff legally made right before the deadline will be illegal afterwards unless the "retroactivity" is reversed. And since GCC's aren't required to specify the amount of lead (if any) in the product, this chaos will return again as retailers won't have any idea if the products on their shelves meet the next lower standard.
• The CPSC needs to take responsibility for recalling products before we can be liable for selling or reselling them.

Barring a reversal of the Falvey Opinion, my next best solution is for the CPSC to officially recall every child's item made before November, 2008. Thay way retailers and consumers with all this toxic stuff can turn it in to the manufacturer for full retail credit!

Save the Handmade Industry, too!

I also want to touch on the effect this law has on the handmade industry, too. See the Handmade Toy Alliance website for a more detailed discussion. This law affects everyone who makes quality products for children, from Grandma quilting baby blankets for the church auction, to Mom who makes her own cloth diapers and in turns it into a business selling on eBay and more!

See a great 3 minute YouTube video here and at the links to the left.

Have you ever made hairbows from material you got at the local craft store? Well, whether or not the materials were tested by the manufacturer (they may not have been required since "ribbon" by itself isn't necessarily for kids under 12), you'd be responsible for testing every component before you could legally sell it.

I have beautiful handmade hairbows and barrets made by a local mom. Come February 10, I'm going to have to give them back to her because I won't be allowed to sell them. If the Falvey Opinion is reversed, then my current stock is fine, but that doesn't solve the problem for the future as she'll be required to test all new products she makes.

It's crazy expensive to do the testing. Right now, the law allows manufacturers to do their own testing by unspecified means.

One way is with a "soluable test" - it basically desolves the item (destroying it, of course) and the lab will tell you how much lead was in it. Another acceptable means (only until August, 2009) is via XRF testing. It's basically an x-ray machine that will tell you after a few minutes of internal calculating how much lead is in the part you shot the x-rays at.

Nevermind the cancer risk to the operator who is verifying the many items they make: we're talking about children's safety in this law, not cancer from excess x-ray exposure.

After August, 2009, third party testing is required by an accredited lab. Luckily, here in Frederick, MD, is the American Association For Laboratory Accreditation, which recently issued a press release announcing it's proud role in accepting applications for labs wishing to be accredited. (If you'd like to find out how to be accredited and take advantage of this booming new industry, email Adam Gouker.)

Estimates for the cost of doing third parting testing is $50 to $4000 per component, with an average of $500, per batch. Take a cloth diaper with 3 components (liner, cover, & velcro): that's $1500, oh, wait, there's the thread, too: $2000. Get a new bolt of materials and you need to test again. Want to offer cloth diapers in different colors and sizes: test for each difference.

And their are currently only 19 labs in the US that are accredited. See the whole list here.

Ridiculous!

New Administration to Urge for Delay in Digital TV Transition

Now while the CPSIA law passed in August of 2008 with much of the unintended effects not being known until December (I just found out on Jan 2), the entire children's industry is supposed to be held accountable to this new law in just a few short weeks.

However, the Digital TV Transition scheduled for February 17, 2009 and planned since at least 2005 (that's 4 years!) may be delayed because the $1.34 BILLION dollars appropriated by Congress to help poor and rural Americans get free converter boxes was not enough.

Read the AP story here. It says that Congress will have to pass a bill to authorize the delay since they originally passed the law requiring the transition.

Ok, so 4 years and $1.34 BILLION dollars, plus funding for commercials notifying everyone of the change isn't enough, but 6 months and $0 dollars to manufacturers, retailers, and resellers, and no public campaign to disseminate information on this law that will affect everyone with children or who work in the children's industry if fine?

Give me a break!

Please continue to vote for change and contact Congress, the media, and your friends about this important issue. Feel free to link to my blog, too! (Read my previous post below for more information.) Congress and Media, feel free to phone me at 240-674-1859. Other inquiries, please email at store@enkorekids.com.

Thanks!

Jennifer Guenther
Enkore Kids
CEO/Mommy
http://www.enkorekids.com/
http://www.enkorestuff.com/

New Law Threatens Family Budgets, Environment, & Small Business

At Enkore Kids, your child’s safety has always our first priority since our opening in 2003. All toys and clothing accepted into our store must pass our rigorous system of safety. This includes the staff and myself personally testing the products for loose attachments and more importantly checking the CPSC’s recall website, among other safety measures. We value our relationship with you and your child and take pride in providing your child safe toys and clothing. We are mothers as well and nothing is more important than the safety of our children.

The Consumer Product Safety Improvement Act of 2008 (CPSIA), was created with the intent to toughen safety standards (particular with regards to lead and phthalates). It's key points are (in very abbreviated form as it is a 67 page law):

• Ban phthalates in all durable child care items for children under 3.
  Progressively restrict lead in all children's items (includes all child equipment, toys, books, school supplies, electronics, clothing, shoes, etc) that is for use by children under 12.
• As of February 10, 2009, the amount of lead may not exceed 600 ppm.
• As of August, 2009, the amount may not exceed 300 ppm.
• As of August, 2011, the amount may not exceed 100 ppm (unless the CPSC determines it is technologically unfeasible, in which case further guidance will be given).
  Beginning in November, 2008, all manufacturers were required to self-test all their skus, by batch or lot, and issue General Certification of Conformity (GCC) to accompany all imports or sales to distributors and retailers, regardless of where the product originates (domestic & foreign).
• As of February 10, 2009, no items that do not pass these tests (or were not tested) may be manufacturered, sold, or distributed.
• As of August, 2009, all children's products will be required to have permanent labels affixed to them showing manufacturer information and tracking information so batches and lots can be identified.
• Also as of August, 2009, all children's products will be required to be tested by a third party accredited lab. No exceptions have been provided for. There are currently 18 accredited labs in the US.

While I support higher safety standards and required testing of potential lead-containing items, this law is seriously flawed in ways that are devestating to all sectors of our society. The major unintended consequence of the law is that all products legally made prior to November, 2008, will be assumed "hazardous" unless they were tested and the manufacturer can produce a GCC to prove it.

The CPSC's "Falvey Opinion" interprets the CPSIA to mean that the law with respect to lead is retroactive. This means unless a person or retailer can prove through testing that their child's item has less than 600 ppm lead as of February 10, 2009, it will be illegal to sell. Then in August, items legally made to contain less than 600 ppm of lead will be illegal to sell as the standard will be reduced to 300 ppm. This mass illegalization of children's products will again occur in August of 2011 when the standard changes to 100 ppm.

This will affect as examples only (not all inclusive):

• All hand-crafters, work at home manufacturers, and small run manufacturers who will not be able to afford testing, which is estimated to cost between $150-$4000 per component tested, with an average cost of $500. As an example, a cloth diaper may have three components: inner fleece, outer lining, and velcro. At a cost of $500 per component, that would cost $1500 for one batch of cloth diapers using the same materials. Change the color or start on a new bolt of material and testing is required again.
• Daycare providers as they are required by law to provide "safe" items for the children they care for as defined by the CPSC. As the CPSC's interpretation of the law is that untested items are unsafe unless proven by testing as safe, daycare providers will either need to obtain proof of testing from the manufacturer, test their items, or buy new items. However, they'll be forced to go through this again each time the law reduces the allowable level as the GCC provided doesn't say what the level is.
• Thrifts, Consignments, and Charities that sell used items will not be able to resell used items without the GCC.
• You will not be legally allowed to sell your own items on eBay, Craiglist (or any other site), or even hold a yard sale without providing a GCC to the buyer to prove their children's items are in compliance. You will not even be legally allowed to donate or give away these items, even to foreign countries as it is explicitly forbidden to "export" items not proven safe.
• Hotels, hospitals, and any public play area will have to ensure all their child-related items are tested or replace them as they are provided to the public.
• Libraries will have to ensure their children's books have been tested or replace them.
  New & Used book stores will likewise have to ensure their books for children are safe or discard them.
• Schools will have to examine all their child-related items and supplies from books, to science equipment, to paper clips if they are to be used by children 12 and younger. Items not proven tested, will, by CPSC's interpretation of the law, have to be tossed as well.
• PTA fundraisers that involve handmade crafts for kids will be forbidden.
• Holiday craft bazaars by your local church will likewise be forbidden for children's products.
• Trade shows for vintage Barbies, Star Wars Figures, Hotwheels, among others will be illegal.
• Families looking to save money or be environmental friendly by reusing and recycling children's items will no longer be able to.

Does this sound extreme? Perhaps, but (as the fine for violations is $100,000 per offense and up to 5 years in jail) I am not willing to risk it and neither should you. As ignorance of the law is not often a good defense, it is vital that the word about this law and the CPSC interpretation of the retroactivity of it be spread far and wide to ensure it is fixed before more irrepairable harm is done.

A brief review of the internet by Googling "CPSIA" will show that 1000's of people are already making decisions to liquidate inventory, stop production, and file for bankruptcy. So I ask you to help change this law by:

• Sign the Save Kids' Clothing Resale Petition! (Also has links to easily send your customizable comments to all your Congressional leglislators.
• For Maryland Legislators, find phone numbers and websites for more contact information.
• For other states, Google your representative and senators. It's much more impactful to call and visit personally than to just email.
• Contact your local level government officials as well and local level Republican and Democrat committee members.
• Call local radio shows and other media to ask that this issue get the coverage it deserves.
• Vote for Change, the top 10 ideas will be presented to President Obama after his inaugeration.
• Post your comments here and on other CPSIA Blogs. There is strength in numbers.
• Find official information on the CPSIA at the CPSA's website.
• Read the LA Times Article on the issue, too.

Forward this information to all your friends, especially parents, so they can help, too.

We request an immediate suspension of the CPSIA as written to stop American small businesses from going under in all the confusion until a new law can be thoroughly debated and provide for:

• Allowing of pre-existing, non-recalled children's items legally manufactured to continue to be legally sold despite future mandated reductions in lead content as it is impossible for the end consumer to know under what standard a particular item was made.
• Exclusions from testing for small manufacturers and hand-crafters that have historically not had issues with recalls.
• Exclusions for testing materials that are by their nature, non-toxic such as cotton, wood, etc.
• Specific exclusions for items that by their nature must have lead in them (ie: bicycle tire valve stem, many electronic components) even though a child under 12 will be using it. Provide for labeling of these components so parents are informed.

Please use these points when speaking with our elected officials because just denouncing a bill without a recommended course of action will likely not get far.

Thank you for reading this and I (and my fellow business owners, families, and other concerned citizens) appreciate your help.

Jennifer Guenther
Enkore Kids
CEO/Mommy
http://www.enkorekids.com/
http://www.enkorestuff.com/