More discussion about the Consumer Product Safety Improvement Act of 2008:
The Homeschool Legal Defense Association has weighed in - Homeschoolers will not be affected too badly by the new law. http://www.hslda.org/docs/news/20091130.asp Basically, used books, toys and clothes are safe to be resold as long as the person selling has the done their best to make sure they are safe. So no selling recalled things. Isn't that just common sense?
Oh but it gets tricky. What if an item was recalled and unknowingly donated. Is the resale shop suppose to check every item against the recall list? The purchase date isn't included when stuff is donated, how would they know? And if it did manage to slip through and was caught or made a child sick, the resale shop is liable. http://www.narts.org/NARTS_CPSC_PR.pdf
Even the libraries are getting involved. The law is written as to be retroactive so all the kid books on the library shelves would have to be pulled and tested. This would be a great expense not to mention think how long it would take the books from all over the country to filter though the 3 (yest there are only 3) testing sites! It would take years. http://www.wo.ala.org/districtdispatch/?p=1322
So the libraries have issues, the resellers don't have issues unless they let something slip through. But for people who make things for kids; new things, not resold or used things, there are still issues. Even though as a producer of kid stuff, you try and make sure the buttons are sewn on really well on toys or clothes, that the fabrics and yarn you choose are the best, there is still the need to get your products certified to be safe. As a new seller this would be horribly expensive.
Moms who make kids products (home based businesses mostly) have banded together to file a lawsuit against the testing requirement. http://reformcpsia.org/2009/01/class-action-lawsuit/ The petitioners want the language of the law changed so that it isn't so vague to cover products (like clothes and books) that are not likely to have any lead content anyways.
With a bit of prayer, luck, positive thinking, and writing your congress people, this law could be fixed. Please do your part.