Representative Tom Price, M.D. (GA-06) issued the following statement after sending a letter to the Consumer Product Safety Commission seeking clarification of certain provisions in the Consumer Products Safety Improvement Act of 2008, which will go into effect on February 10, 2009. The new law requires stringent testing for lead and other toxins for products (including clothing) produced for children 12 and under.

“Product safety laws can provide great benefits to American consumers, but provisions of this new law require urgent clarification from federal regulators,” said Rep. Price. “While the bill was passed to protect the American consumer and their children from harmful toxins, without further explanation it risks putting small businesses and resale and consignment shops in our community out of business. To establish a proper balance between safety and commerce, I am asking the Consumer Product Safety Commission to provide clarification to resolve this issue in a timely and efficient manner. With an issue as important as the safety of our children, there is no room for ambiguity.”

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Text of letter can be found below:

Ms. Nancy A. Nord

Acting Chairman

Consumer Product Safety Commission

4330 East West Highway

Bethesda, MD 20814

Mr. Thomas Hill Moore

Commissioner

Consumer Product Safety Commission

4330 East West Highway

Bethesda, MD 20814

Dear Chairwoman Nord and Commissioner Moore:

As a Member of Congress, I am concerned about the unintended consequences and devastating impact that the Consumer Product Safety Improvement Act (CPSIA) may have on individuals and small businesses both in Georgia and across the nation.

We all support the Consumer Product Safety Improvement Act’s underlying goal of improving the safety of children’s products. However, I am deeply concerned about the great deal of misinformation, lack of guidance and overall confusion that threatens to drive thousands of resellers, boutiques, charities, home-based and small producers out of business during this time of economic hardship.

Though there exist fiscal and administrative constraints facing the Consumer Product Safety Commission, I urge you to continue to issue common sense regulations and vastly expand your communication and outreach. Due to the significant effect of CPSC guidance and rules across the nation, close work with stakeholders in order to increase understanding and compliance without undue burden is essential.

Specifically, allow me to request that the Commission address the following issues: 1) clarification of testing and certification requirements for all types of sellers; 2) applicability of the law to non-sellers such as non-profits or religious charities; 3) creation of a database of products that are generally exempt from testing as well as products that are considered hazardous materials under the new law; and 4) clarification as to whether provisions relating to manufacturers will be retroactive.

I look forward to hearing back from you regarding this critical issue and learning of your plans to issue guidance, implement common sense regulations and facilitate communication in order to avoid unintended financial hardship for my constituents and small businesses across the nation. Thank you for your attention to these concerns and requests.