Every piece of clothing in your children’s dresser drawers, in their closets, in your laundry pile and yes, even on their floors become banned hazardous substances by Federal law at one second past midnight February 10, 2009.
That’s what every single US Representative who voted, voted for, in the bill that has become the Consumer Protection Safety Improvement Act.
Any item not tested will be treated as a “banned hazardous substance” under the Federal Banned Substances Act and can not be legally sold in the United States after that date. Thus second hand clothes and toys sold at thrift and consignment stores will suddenly be considered “banned hazardous substances.” —The Shopping Queen Blog
While no one can be for hazardous substances in anything for anyone and while everyone wishes to protect children (defined by this law as those 12 years of age and under), this retroactive law simply goes too far, is unenforceable and makes parents purveyors of hazard to their own children.
It also, because of the retroactivity-ness of this law, turns sellers and consignors and consignment shopkeepers into criminals. Thinking of having a year sale with those outgrown Carter’s? Putting your son’s coveralls on Craigslist? You criminal you. Even the act of OFFERING things to a consignment shop that were manufactured and sold under existing Consumer Protection laws a few months back makes you a criminal. Heck they could probably get you under “conspiracy to commit an illegal act” as well because you dared think green and wanted simply to pass barely-worn clothing on by using a resale shop.
Now, the resale industry is probably the SAFEST place currently to buy for your children. Any reputable childrenswear shop thoroughly checks official recall lists for everything in their shops (more than one can say about “new” merchandise stores. One shopkeeper mentioned to me that the vast majority of RECALLED cribs offered to her shop by consignors were bought at WalMart.) But the federal government has decided that every existing piece of consumer goods intended for 12-and-unders, manufactured before a few months ago, is now Banned Hazardous Waste.
A public relations firm has suggested that the 20,000-plus thrift, resale, and consignment shops who will be put out of business by the enactment of this law stage a “simultaneous photo op” event to call attention to this pending disaster. I say, we get our kids to streak across the stage at the Inauguration.
Result of this law: those Seven jeans you bought your well-developed 11-year-old for Christmas? Illegal to sell when she outgrows them by April. In fact, your lawyer would probably advise you not even to pass them on to your daughter’s friend. Liability you know. All of a sudden, $198 jeans, lawfully produced and sold, are garbage.
Could you be prosecuted for endangering your children under this federal statute? Dressing them in hazardous substances that last year, that same government thought were perfectly safe?
And how does one, exactly, dispose of Banned Hazardous Waste? Can’t put that stuff in the landfill.
Many entities are working on getting the government to realize that they are overreacting, but if this law goes into effect on February 10, 2009, look forward to not being able to buy or sell gently-used kids’ clothes, toys, equipment or even decorative items. Anywhere.
This isn’t just used clothes. It’s that handcarved rock maple train set a crafter in Vermont made. It’s the baby bonnet some sweet little old lady crocheted to sell at the bazaar to raise funds for the soup kitchen. It’s the very thrift store your local church runs.
This isn’t just sellers of used children’s items. It’s buyers. From the ones who are looking for a deal on a little boy’s $155 Burberry sweater to the struggling mom who can’t clothe her child for school without the dollar-a-bag clearance sale at Holy Mission Thriftalot Store.
Read more:
- The End of Secondhand
- Consumer Protectionism Gone Too Far?
- Something you buy on Feb 9th “hazardous” on Feb 10th.
(Photo borrowed from http://www.wailoong.com)
[…] Your kids’ closets are full of hazardous waste […]
Does this bill mean that we are abusing our children if we pass down things to a little brother of sister or friend or another family member?
Right now we all need to cut expenses and get this country back on the right track. Remember:
“It’s not having what you want that counts, it’s wanting what you have!!”
Well, Caroline, you will be an OUTLAW if you buy merchandise produced before Congress got this itch in their Power Britches. Go to JAIL for wanting to take your children’s outgrown clothes to a resale shop to sell so you can keep them clothed as they grow.
In fact, to be certain, you may wish to strip your children of their toys, games, furniture and clothing on Feb. 10. Otherwise, BY CONGRESSIONAL DEFINITION, you are clothing them in hazardous substance…and if THAT isn’t child abuse, I don’t know what is. If Congress says this stuff is hazardous, and they “allow” you to dress your children in it, shall we sue THEM for endangering the lives of the youngest generation?
I salute you for continuing your education, for wanting a better life for your family and for wanting to contribute to the talent pool of American citizens. Too bad that 450+ politicians can shoot your dream down while bankrupting resale shops, putting crafters out of business, eliminating fund-raisers for churches and private charities, by making LEGAL goods ILLEGAL overnight.
Sandi, I’m sure your Congressional Representative will tell you that donating’s okay…just as I’m sure your lawyer will tell you not to take that chance, be safe, treat all the possessions you have “that appeal” to 12-and-unders as hazardous waste.
Wonder if your trash collectors are allowed to handle this stuff? Sure as tootin’, you won’t be allowed to bury it in your yard… send it to Congress seems to be the only solution (and think of the endangered Post Office workers!)
I buy nothing but 2nd hand, resale, consignment or thrift store items for me and my family. We are a low income family, I’m not finished with college yet and I need all the help I can get.
What about al the clothes we donate to Hurricane victims or house fire victims? Dose that mean only they can receive brand new clothes? What will the poor do when they need clothing for their growing children? I assume Congress will start giving out coupon to buy brand new clothes for all these kids in American? They need to not pass this law. Will we use the word secondhands or hand-me-downs like it is a bad word not to be heard? Now our government is getting stupid. Who is the President going to be? So all you fools that voted for this person whom wanted change, exactly how much change will we get.
Thanks for your support, Tammy. The problem is, they DON’T HAVE to do this ever…make legally-produced goods illegal AFTER THE FACT. Legal 6 months ago. “Subject to a $100,000 fine or imprisonment now just because we say so.
“And because we decided that things should be the way we say, the secondary market be damned. Oh, and the eBayers and Etsy folks and all that too. Hell with ’em, I say.”
More than likely, none of the Representatives who voted FOR this bill (and none dared vote against it) chose to read the bill. Or to fully think it through. “Oh, less lead, little kids, that’s good. Punch the AYE button, dear. Where we goin’ for lunch?”
In fact, most resale shopkeepers who have talked to their elected officials report back to Too Good to be Threw that the officials (or, more likely, their “aides” and “assistants”, the ones who answer citizens’ queries) “didn’t know” about the unintended consequences. My question is, should we allow our employees, these officials, NOT do their job by reading and mulling over things they are willing to enforce by fines and/or imprisonment? Where do THEY get off ignoring their fiduciary responsibility? And do you feel like allowing them to continue in your employ, or obeying them?
Go to http://www.downsizedc.org/page/read_the_laws
if this point of the situation makes you mad. It does me!
This country has so many problems right now. It’s ashame that they have to do this too.
So much for “We the People”