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!!!
The label was on the package most likely because either it came with an inflating needle or posibly that they feel the inflating port may come loose with a certain amount of pressure.
Pike, That’s horse bleep. I cannot recall a story, ever, about a choking injury or death attributed to an inflation needle or a little round black thing (with a hole in it) on a basketball!
Ok before everybody gets bent out of shape federal laws have multiple components.
First there is the law as written and usually these range from pretty vague to downright stupid and thats what we are dealing with here.
Then once the law becomes law the agency responsible for enforcing it writes up the associated regulations. This is where the stupidity usually gets ironed out. Like for example the agency could decide it will only enforce the law against business making a minimum amount of items (say $100,000 worth annually) and it won’t even look at anybody else as not being worth their time. Also the agency may find that a law passed onto it conflicts with other already existing laws and then turns back to congress for guidance.
Finally there is case law and this is really where the law starts to function. SO lets say the agency decides to drag Mary Lou Nobody into court because she makes and sells uncertified quilts at craft fairs. Some judge gets convinced to the effect of “this is a stupid law” and then throws all or part of the law and regs out. And back to the drawing boards everyone goes.
But remember America is the politics of fear so when somebody is against something they portray its coming as some kind of disaster akind to the end of civilization to get everybody to side with them. I’d be REAL surprised if the law as enforced has anywhere near the effect the doomsayers are portraying
We’re discussing this same issue over at the Allspark. While this is a law that needed more careful consideration, we shouldn’t panic.
Fort Max, of the Allspark, pointed out something interesting. Testing is only required of products produced after the effective date of the law in 2008. Nothing produced before then needs to be tested. Anything after that is to be tested by the original manufacturer, so resellers won’t need to test it.
Nothing sold for users over 12 is covered by this law. Maybe we’ll see model manufacturers playing with their recommended-age dates.
The timeline is very interesting. It’s LONG. The real meat of it, the CPSC’s deadline for establishing labeling and test standards, isn’t until November 2009, and the timeline goes way past that.
So, no, we shouldn’t be worried. We should be aware of this law, but not worried. There should be time to fix any problems, and if worst comes to worst and this does cause problems for manufacturers or resellers, it’s going to end up in court very quickly.
I don’t expect to see any visible changes in February. Maybe Ebay will stupidly overreact. [:)]
The web page cited by the OP is filled with misinformation.
Please read the actual text of this law for yourselves before getting out the torches and pitchforks. Yeah it has problems but it appears intended to apply to imported products for children under 12 and possibly not to products already made. It doesn’t look like it is intended to apply to US cottage industry.
Besides, by the time it gets through Congress it will only remotely resemble its present form.
Interesting. I looked at some Accurail boxes and noticed they are marked “8 and up”. Accurail is an optimist, although I bet a lot of kids that age could get one assembled. They’re easier than plastic auto kits.
I haven’t completely, but I did read some of the parts that applied here (note the highlighted section):
‘‘(1) GENERAL CONFORMITY CERTIFICATION.—Except as provided in paragraphs (2) and (3), every manufacturer of a product which is subject to a consumer product safety rule under this Act or similar rule, ban, standard, or regulation under any other Act enforced by the Commission and which is imported for consumption or warehousing or distributed in commerce (and the private labeler of such product if such product bears a private label) shall issue a certificate…"
Note that highlighted section applies not just to importers, it also applies to all domestically made products as well.
You are right, I have never seen a report of it either. It does not mean it can’t happen though. The product Safety Commission has established guidlines for manufacturers though that must be followed. The choking hazzard guidline is a rather complicated one that has several age related levels. There are devices called choke tubes that are used to test parts. If the part fits thru the tube it has to be noted on the pachaging that there might be a choking hazzard associated with the product. There are, from what I am told, at least 3 different size choke tubes. I do not know all of the specifics of the law regarding these though as my business does not have to test its product.
There seems to be a lot of misinformation being tossed about in this thread and it is all coming from the poorly written news article. The person who wrote it has no idea of what he/she wrote other than the rantings of people who each have their own opinion/ax to grind. If one were to take the time to read the legislation and understand what it is saying you would see that there is no real problem associated with it. As a manufacturer I am not concerned about it and will continue to manufacture products for the hobbiest. I may have to include some additional warning on the package but, that is about all. I have a friend who is reviewing this for me and will be advising me what steps I will need to take
A couple of things I have managed to pull from various reports. (There are no shortage of articles and web sites discussing this law!)
This was signed into law in the Summer.
In November, the federal Consumer Product Safety Commission interpreted the law to apply to existing merchandise. This is what has got the re-selling and used market worried.
Federal regulators already acted Tuesday to exempt from lead testing products made solely from natural products like wood or wool to help relieve small toy and clothing businesses. So changes are already in effect to iron out some of the mess created by this hastily drawn up law.
The biggest issue seems to be a complete lack of guidance and information on how this law is going to be implemented and how and upon who enforcement will be made. For example, it is currently unclear if thrift and charity shops can continue to sell children’s clothing and toys.
Anyway, it seems like there is a huge outcry right now and that the law is very likely to be curtailed somewhat.
There were certain books in the library that was availible way back in school that really opened things up. One book in particular was worth three months of school classes with the attendant costs of utilities, payroll, student management admin etc … Without elaborating on the sitaution, that one book in a few hours reading took care of everything availible in that subject matter that otherwise would have been watered down or taken a turn depending on the instructor.
And that is the example I will leave it here. They dont make libraries like they used to. There are a number of them in my area with older books that still provide good information despite thier dated content.
Why try to stop the big, bad moldy book buried in a stack no one is going to ever see without a great deal of effort, time, travel and expense?
Especially when a child can learn the Internet which is probably the sum of all things good and bad in a few moment’s time on the net instead of libraries.
If I had internet availible to me back in that particular school situation, I would have felt strongly that public education beyond 8th grade was obselete.
I have had good exposure to craft shops such as ceramics and such. We used to go to select and create a custom Chess board, paint the peices and so on out of such a store. They did have a Kiln in the corner that made these things for us to work on in addition to the necessary paints etc. There was not a problem at all.
The Hobby shops in my day did not know of drug abuse the way we understand it today. In fact I think alot of things children get to today are learned from other children or broken families that engage in these things. I remember a case where a young girl was found dead next to a heat/AC pump after accessing the chemicals inside the system for a high. Well… that is one high
Now there is another question to be asked. IF charities/thrift stores etc. would not be able to re-sell the children’s clothes/toys/etc where will all this newly labelled ‘Toxic’ waste go? Did anyone think about this mess?
In the case of the electronics industry the latest batch of regulations that came out of the EU was pointed more specifically at manufacturers—then up the line----testing was at the mfg end of things. But this piece of whatever appears to be a reaction to a ‘potential’ issue. Will this testing/certification be at the mfg end and how is that going to impact on cost?
Even the little that I read still left a bad taste in my mouth----
Thank you very much for brightening my day with your post. I find it to be very refreshing in it’s content.
Thank you! Sometimes I feel as a black bear does in winter.
Cheers.
Oh to another poster about pencils. I still carry a large peice of Graphite or Lead in one of my hands after slashing it with a pencil which broke off inside the hand and healed over in the fall of '75.