Saturday, January 24, 2009

Consumer Product Safety Improvement Act May Improve Project Linus Out of Business

Yes, you read it correctly! We need your help to make sure that Project Linus is allowed to continue as a 501c3 nonprofit organization that donates handmade blankets as gifts to seriously ill and traumatized children and provides a tremendous service opportunity for members of our community for the benefit of children. Why would ANY act of government want to stop the good work that we are doing?

Well, on August 14, 2008, the Congress of the United States passed a law called the Consumer Product Safety Improvement Act. It goes into effect on February 10, 2009. The purpose of this act is to establish consumer product safety standards following the high lead content that was found in children's toys imported from China. In response, Congress acted quickly to protect America's children by enacting the CPSIA. Unfortunately as with every law, many questions have arisen that are still unanswered. You can learn more about it at http://www.cpsc.gov/ .

Basically, the Act states that all products marketed or intended for children 12 or under must undergo testing by a certified laboratory to be CPSIA compliant. There are enormous costs to do so, and very substantial fines and penalties involved for non-compliance. As originally written, the Act potentially has far reaching consequences. The Act requires those who manufacture items for sale to have their products tested. Unfortunately the way the Act is worded, the term "distribute" is used, which could include any item made and GIVEN or SOLD to a child under 12 years old. At this time, we do not know how or if it will impact Project Linus and other charitable organizations but we know that the CPSIA needs clarification with regard to charities. The reality is that if the law is not clarified to exclude charitable organizations, or to define certain terms regarding “distribution” and remove the potential liability to organizations such as Project Linus, we will have no choice but to dissolve our beloved organization.

Project Linus has been working with representatives from Congress and the Consumer Product Safety Commission for clarification of how the Consumer Product Safety Improvement Act may or may not affect our charity and others. We know that our specific circumstances are under discussion at this time but so far we have yet to receive a clarification from the committee. We believe, and have been specifically told, that we can have an impact on the interpretation of this law. We need the help of everyone and anyone who knows of or has been touched by Project Linus to write an e-mail or letter. You don't need to be a blanketeer in order to express your opinion with regard to this legislation.

Carol Babbitt (our National President) and I have drafted a letter that you are welcome to copy and paste (fill in the blanks as indicated) and send it to your congress person, senator, the Consumer Product Safety Commission or Committee on Energy and Commerce members. Some can be sent via e-mail, but if you are not in the district of the congress person or senator you may need to send your letter to them via snail mail.

To locate the contact information for your congress person go to https://writerep.house.gov/writerep/welcome.shtml
To locate the contact information for your US Senator go to http://www.senate.gov/general/contact_information/senators_cfm.cfm

HERE IS THE SAMPLE LETTER, if you would like to use it.
Bill Number H.R.4040 Consumer Product Safety Improvement Act
From: [your name and address]
To: [your congress person or senator, CPSIA or Committee on Energy and Commerce Members]
Re: The Consumer Product Improvement Act (CPSIA) clarification regarding charities requested

Dear [your congress person, senator, CPSC or Committee on Energy and Commerce members],
As a volunteer and supporter of Project Linus, a 501c3 National Non-profit organization, I am very concerned about the effect the Consumer Product Improvement Act (CPSIA) H.R. 4040 will have on our organization as of February 10, 2009. Like many people, I was deeply concerned by the dangerous and poisonous toys that large Chinese toy manufacturers have been selling to our families. I was pleased that Congress acted quickly to protect America's children by enacting the CPSIA. However, I am very concerned that the CPSIA's mandates for third party testing and labeling could have a dramatic and negative effect on our charity (Project Linus).

For your information, Project Linus distributes handmade blankets as gifts to seriously ill and traumatized children across the country. (See
http://www.projectlinus.org/ for more information.) We have chapters in all 50 states, have donated almost 3,000,000 blankets and our safety record has always been exemplary. If charities such as ours are not exempt from this Act the closure of our organization will devastate the hospitals, shelters, police and fire departments and other social service agencies who give our blankets as gifts to children going through a crisis. In addition it will also take away the opportunity that our volunteers have been given, which is to offer service to these children through their blanketmaking skills.

Project Linus does not sell its blankets. They are all given as gifts to children ages 0-18. We are the consumer and not a retailer or seller however the current wording in the CPSIA can be interpreted to include organizations such as ours. We are a charity and would never have the funds to submit each blanket made by our volunteers to the expensive testing required. As our new President has encouraged us to volunteer and perform acts of service, it would be devastating to approximately 60,000 volunteers such as myself who have been making blankets for Project Linus, to have our organization closed due to the CPSIA.

I urge you to quickly request the Consumer Product Safety Commission and the Committee on Energy and Commerce to make some very reasonable exclusions in their interpretation of the law as they continue their rulemaking process. This would include exempting nonprofit organizations and charities who do not retail their products.

Thank you for your attention with regard to this matter.

Sincerely,
[your name]

Here are some additional contacts:
Contact the U.S. Consumer Product Safety Commission - (301)-504-7923
U.S. Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814
http://www.cpsc.gov/about/contact.html

Contact the House Energy and Commerce Committee - (202)-225-2927
2125 Rayburn House Office Building
Washington, DC 20515

You are welcome to contact the personal offices of anyone on the following list, who are the members of the House Energy and Commerce Committee. There is not room here to post addresses, but a google search will give you their snail mail addresses.

Henry A. Waxman, CA , Chair
John Dingell, MI, Chair Emeritus
Joe Barton, TX Ranking Member
Edward Markey, MA
Rick Boucher, VA
Frank Pallone, Jr., NJ
Bart Gordon, TN
Bobby Rush, IL
Anna Eshoo, CA
Bart Stupak, MI
Eliot Engel, NY
Gene Green, TX
Diana DeGette, CO
Lois Capps, CA
Michael Doyle, PA
Jane Harman, CA
Janice Schakowsky, IL
Charles Gonzales, TX
Jay Inslee, WA
Tammy Baldwin, WI
Mike Ross, AR
Anthony Weiner, NY
Jim Matheson, UT
G.K. Butterfield, NC
Charlie Melancon, KA
John Barrow, GA
Baron Hill, IN
Doris Matsui, CA
Donna Christensen, VA
Kathy Castor, FL
John Sarbanes, MD
Christopher Murphy, CT
Zachary Space, OH
Jerry McNerney, CA
Betty Sutton, OH
Bruce Braley, IA
Peter Welch, VT
Ralph Hall, TX
Fred Upton, MI
Cliff Stearns, FL
Nathan Deal, GA
Ed Whitfield, KY
John Shimkus, IL
John Shadegg, AZ
Roy Blunt, MO
Steve Buyer, IN
George Radanovich, CA
Joseph Pitts, PA
Mary Bono Mack, CA
Greg Walden, OR
Lee Terry, NE
Mike Rogers, MI
Sue Wilkins Myrick, NC
John Sullivan, OK
Tim Murphy, PA
Michael Burgess, TX
Marsha Blackburn, TN
Phil Gingrey, GA

With our 60,000+ volunteers we can make a difference! Please help these legislators to understand that we are not a manufacturer. We are the consumer! We don’t manufacture or sell blankets! We don’t have a factory or any location anywhere in the country where blankets are assembled. These blankets are largely made by individuals, in their homes or in small private groups. Almost 3 MILLION blankets have been donated to almost 3 MILLION children under strict quality control standards. Speak from your heart, share your passion and help us to insure the future of Project Linus.

Thank you so much and long live Project Linus! :-)

Mary