Children's Saftey vs. Small Businesses?

I never thought I would see the interests of child safety risk to destroy the fabric of American business.

I'm sure you all know that most businesses in America are small businesses, but maybe you did not know just how true this is. According to the U.S. Census, in 2002 around 75% of all businesses in America are so small that they do not have any employees! Of those small businesses that do employ other people, in 2004 over 50% employ only 1-9 people.

As a small business owner, they are obviously close to my heart. But while I might be biased, everyone benefits from living in a country where individuals can turn ideas into small companies. As a result we have a diversity of products, more jobs, and more of a connection to the people we buy from. Starbucks might have great coffee, but it's missing something when compared to that local coffee shop where the owner knows your name and how many packets of sugar you like.

But I'm getting a little side tracked. So what does child safety have to do with all of this? Well, on August 14, 2008, President Bush signed the Consumer Product Safety Improvement Act into law. The main inspiration was the understandable fear of many parents over lead content in toys. This is an issue that I am 100% behind. It's the reason The Warm Biscuit Bedding Co. does not sell any toys or products from any country outside of America and Europe, and why I make efforts to carry organic kids clothes and toys.

But I'm worried about this law. As of February 10, a limit on all products used by kids (clothes, bedding, fabric, toys, dishes...I mean everything) must be tested for lead content and be below a certain level. Not just new products, but old products too. By August this test must be done in a 3rd party laboratory. So what does this mean for a small business? Well, say I sell a kids apron made of cotton fabric that is American made. I have to pay a considerable fee to test each and every material that is used, fabric, thread, buttons, lace, all parts. And the fee is per item tested. Or I can rent out a lead laser gun for anywhere between $100-$400 a day, which won't even have me covered with the requirements that will come into affect in August. A large business can easily eat this cost, but there's a reason why a blog National Bankruptcy Day popped up just in regards to this law.

If you want to learn more, The Smart Mama, a blog dedicated to helping mothers raise healthy and happy kids, is a great resource. As she points out, this law will totally destroy the resale business. There is no way a place like the Salvation Army can afford to have a lead laser gun on hand to scan every single piece of kids clothing or toys that is donated. The result? It will be impossible for people to buy used kids clothing (no more hand-me-downs!) and our landfills will get even more packed. This is not what Americans need in this economy.

So what do I think? Make the manufactures be in charge of testing. If a small business wants to sell a kids toy or kids fabric, the manufacture of that toy or fabric should be responsible for insuring that the product that they made is safe. But as it is with this new law, it forces every small retailer to pay a high price to test the same exact product! Additionally, the implications of the retroactive aspect of this law need to be seriously considered. Do we really want small businesses, antique stores, and used clothing stores to be forced to throw away most of their stock? The safety of children is extremely important, but we need to make sure we do it in a way that does not lead to massive job loss, especially in these difficult times.

I'd love to hear what all of you think!