Take a look at this link
http://www.digitaljournal.com/article/264507
It seems to me that Model Railroading could get very mixed up in this with profoundly negative impact on the small business that produce much of the product that we purchase and use.
The craft industry is apparently up in arms. As I read it, model railroaders should be concerned as well?
Anyone got any thoughts on this?
The only manufacturers in danger in our hobby is the small “cottage” types that produce odds and ends…
The big boys Atlas,Athearn,Bowser,Kato etc has been in EPA compliance for years.
We should be concern for those little cottage manufacturers that brings us those wonderful resin kits.
Unless you make your stuff completely from scratch and mix your own paint and glue from other than store bought products already inspected and labeled safe you shouldn’t have a problem.
I love that fact that such a stupidly bad oversight could get passed into law so effortlessly…I suspect the hate mail such new rules will generate will result in a modification to the law before too long, it would be political suicide for any politicion to not act to ammend the law, but these days…
This law is clearly aimed a products intended for children under 12. However, as we all know many kids under 12 regularly use model railroad items. I have 2 sons under 12 who have both been active with HO scale trains for 5 years.
Logic would dictate that a manufacturer can place a warning “Not intended for children under 12”
However, all it would take is for a government bureaucrat to decide that model railroads are toys anyway and thus subject to the new legislation.
As I read the article it appears that a manufacturer has to have certified proof that all materials conform to the standard with a test certificate. Even wood has to be tested!!!
My concern is not for the Atlas and Walthers of this world but more the laser cut structure manufacturers, the smaller kit makers and specialized parts producers.
It looks to me like a well intentioned bit of law that has the potential for some unintended consequences.
Hello, Simon.
By their nature and purpose, laws will impact a sizeable percentage of a constituency negatively…that is, running against their interests. But laws are utilitarian solutions to moral issues, and we all see morality from different perspectives. Few would disagree that it is immoral to sell items of an insidious nature, particularly to children, or to those who will unwittingly provide them to children.
So, what to do? If the need is great, it seems that draconian approaches and legislation always come quickly afterwards. Sometimes a more pragmatic approach wins the day. Those who feel they will be adversely affected will have to carefully coordinate an attempt to convince legislators that a more pragmatic approach is not only desirable, but possible. Will that mean lobbying again? Yes, undoubtedly, and counter-lobbying as well. Challenges to the Supreme Courts at all levels.
I think the solution, for once, is to break out the plastic, dust it off, and place some prescient and timely orders, well into the $2K range, for future considerations. IOW, get 'em while they’re hot! [;)]
-Crandell
I lifted this small excerpt from the government document…
(B) The term ‘‘children’s toy’’ means a consumer
product designed or intended by the manufacturer for a
child 12 years of age or younger for use by the child
when the child plays.
(C) The term ‘‘child care article’’ means a consumer
product designed or intended by the manufacturer to facilitate
sleep or the feeding of children age 3 and younger,
or to help such children with sucking or teething.
If you notice on many “childrens” toys there are age recomendations on them. This is to get around other laws similar to this one. choking hazzard is one of them. I don’t know the specifics of that law but do recall there are several class levels of choking hazzards which are defined at age levels. As a manufacturer I am not too concerned by this law as my products are intended for “older” kids. I suspect the worst case scenario for me is I will have to put a label on the packaging stating that this product is intended for ages 13 and over. I have a lawyer buddy that I will have review this for me to be sure though. After reading the news article I think there is a lot of fuss being made over nothing which is typical for the media.
Just one more example of the idiots we have elected to congress!!! They have to legislate everything we use, touch, and breathe, yet as the past year has demonstrated, they don’t know how to moraly behave themselves!!! The whole problem with such legislation is going to be the interpretation and enforcement. We have dozens, maybe thousands, of laws on the books that have no provisions for aprehension and prosecution, and this is probably going to be just one more. The problem with such laws is weather or not they will be evenly or selectively applied. What’s going to happen to the thousands of retirees who try to supplement SS with a few dollars made from craft sales? Or charities such as the Salvation Army & Habitat fro Humanity that sell donated used merchandise? Will these people and organizations be eligable for bailout $ like AIG, GM, Leahman, etc?[:(!][xx(][tdn][:-,]
This is also touching off a firestorm in the book business. My folks own a used book store, and my sister is the director of a nearby public library. Both places would, if this law were to pass, have to test and certify every children’s book in the place or destroy it. New or used, it wouldn’t matter as this law would be retroactive (no “grandfather clause”). Of course, in this economy (and given the general down turn in the book business anyways), most libraries and books stores will not be able to afford this testing of every children’s book in the inventory.
So if it passes, as a result of this stupid law you are going to see mass book burnings or books going into dumps and recycle bins from coast to coast. There will literally be millions of children’s books destroyed, and millions of dollars will be lost.
There’s also the side effect that all you parents out there won’t be able to find too many kid’s books at libraries or bookstores after this, if it passes (edit: Oops, it already passed. Let me rephrase that to read, “if the law is left as is.”).
Paul A. Cutler III
Weather Or No Go New Haven
I suspect what we will see is simply a non-enforcement or minimal specificly targeted enforcement of these rules on this segment of existing products until the law can be ammended. No one, not even in our congress, is pigheaded or stupid enough to try to enforce a “rules iz rules” mentality on enforcement of such clearly bad rules unless they are looking to change careers as a result.
from chaos comes order-give anarchy a chance.
grizlump
Sounds like the antique toy market just got flushed down the crapper! Better dump your old Tonkas now!
I had to buy a gift for my 2 year old cousin this year. I couldn’t find a single kids product that DIDN’T have big warning labels plastered all over it.
A certain someone is signing a whole bunch of bills that are really gonna hurt this country before he leaves office.[V]
I’m not a lawyer, but reading section 102 of the act on testing it seems the testing is only for imported products. It also seems to only apply to products for children. And only to those products made 90 days after the agency publishes the accreditation requirements.
I think we need a better legal opinion than the referenced news article before jumping to conclusions. Frankly, this sounds like some large importer’s scare tactic to dump a law they should be following.
Enjoy
Paul
Gee, I’m wondering how past generations with our wooden and cast-metal toys didn’t all die off before this law was passed through. I’m so glad that we have a Granny Government looking after us, since we’re obviously too stupid to look after ourselves. [:-^]
Tom
How did we ever manage to survive growing up in the 50’s? Back when the government felt Mom & Dad knew best! Maybe because in many cases today Mom & Dad don’t care, but I don’t really think that’s true. It’s more the politicians, etc. have to keep coming up with new ways to justify their existence.
Mainetrains [banghead]
Good grief Paul, I had not realized that this would hit the publishing world as well. It is hard to imagine that the law can stand like this with so many flaws.
Agree…my layout would have a lot of holes if it only had items from Atlas,Athearn,Bowser,Kato etc. Interesting to see how this all pans out. Jamie
So after my previous post I went down to the basement to work on the layout. Before I could get started, I had to put away an Atlas locomotive that I was doing some measurements on earlier today. When I put it back in the jewell case (N-scale), I noticed a little round white sticker on the box reading “Age 14+”. Now I have been noticing these for a while, but it never seemed significant until after reading this article. This particular loco was purchased about a week ago, and I have purchased close to 25 over the last two years, all of which are currently packed away in their original packaging. So I looked through all of these locos an sure enough the ones I got in 2007 and some of 2008 do not have the stickers, but anything I have purchased in the last 6 months or so does. This may very well be in response to this legislation. BTW I can tell you that right now at the LHS every Atlas loco and freight car jewell case has the very same sticker on them; I’ll have to check the other manufacturers next time I am in there. Jamie
This can get carried to extremes!! I actually saw a basketball sized play ball that had the “choking hazzard” warning on it!! I’d hate to see the toddler with a mouth that size!!![:P]
Only in a society that allows the FEAR & PARANOIA Industry full play will the extremes happen----that is exactly what it is—bunch of neurotics-----rule mongers[soapbox]