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Littlecrow Trading Post
The Best of Oklahoma's "Indian Country"

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2008 Consumer Product Safety Improvement Act
Equals Cultural Genocide for Native Americans!

CPSIA - April 1 Rally & Open Hearing on Capitol Hill Washington, D.C.

The House Committee on Energy and Commerce & the House Committee on Small Business have repeatedly
denied requests for public hearings on the devastating effects of this law since December 2008.
This law is affecting thousands of American businesses, but some members of Congress continue to
defend the excessive requirements of this flawed legislation which are driving small businesses &
hand-crafting artisans out of business nationwide, but make our children NO SAFER.

WE THE PEOPLE will not allow Congress to deny our voices! There will be a rally & open hearing
with a wide range of speakers, including support from numerous trade organizations & remarks
by Members of Congress as well as scientists. We'll also have comments from representatives
of various organizations affected by the legislation such as small businesses, libraries,
charities & thrift stores. This event will be open to the media. Read more about it at:
APRIL 1 CPSIA RALLY in Washington DC

On Jan. 30, the Consumer Product Safety Commission issued a temporary "stay" on testing
& certification for SOME products until Feb 10, 2010. But the law is still in effect,
& State's Attorney Generals have been authorized by Congress to enforce the law.

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This powwow scenario will be REAL if the Consumer Product
Safety Improvement Act isn't amended! Call Your U.S.
Congressial Reps NOW!! Important phone #'s below.

      Imagine you go to a powwow one weekend. You're browsing through the vendor booths, looking for baby moccasins, or maybe a star quilt baby blanket for a gift...

But there are no baby mocs at any of the booths, no baby quilts either! There isn't a doll or toy bow & arrow or book for kids at any of the booths! Come to think of it, there wasn't anything for kids at the craft fair you went to last weekend either.
      Great, just in time for Grand Entry! There's the
Color Guard bringing in the flags.

There are the gourd dancers...
      There are all the Princesses, standing at attention...

But where are all the kids? Here's one curled up,
pouting because she doesn't have any dance clothes.
Grandma can't see well enough to sew and bead
dance outfits for the family anymore.

And now it's illegal to sell little kids outfits...
      Those kids are lucky. Someone in their family must
have made their dance outfits... or bought them...

back when it was still legal for community members
to sell kids dance clothes and moccasins.

      Why can't I have a jingle dress like her?

Why do they have to test jingle cones for lead?
I'm not a baby, Momma! I won't chew on them!

HOW old do I have to be for Momma
to buy me a jingle dress?


Laws were passed 100 years ago to make ALL Native American cultural and religious activities illegal. These laws were repealed years ago. But this new law will once again LEGALLY force assimilation on Native Americans, WHETHER INTENTIONALLY OR NOT!


If the new federal CPSIA law is not amended, it will be ILLEGAL to sell traditional hand-made powwow dance clothes such as handmade moccasins, beaded hair barrettes. dance bells, beaded buckskin dresses, buckskin leggings, porky hair roaches, beaded or concho belts, feather dance bustles, beaded dance fans & dance sticks, jingle dresses, princess crowns and other hand-made items for children under 13 years of age, without spending hundreds of dollars to test each article of an outfit for traces of lead & other chemicals. The current law requires testing for each "SKU" of any item made or sold for a child under age 13. EACH SKU, NOT simply the raw materials! That's the problem, testing for a single item costs hundreds of dollar. The temporary "stay" doesn't change the law, it's only temporary relief from testing & certification requirements. Indians can still be prosecuted for selling any item that doesn't meet the strict new guidelines. Several State Attorney Generals have already stated that they WILL prosecute violations.

These handmade items for Native American children will be
illegal to sell under CPSIA unless it is amended, because testing is impossible!
These one-of-a-kind items CAN'T be tested with destructive acid tests at ANY cost!
They don't need tracking labels like a commercial aircraft altimeter!


If Congress doesn't amend this law, we will organize a class action lawsuit. Contact
your tribe's legal staff and newspaper to alert YOUR tribe to the situation. We are
available for phone interviews for tribal newspapers from 10 am -3 pm Central Time.

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Update: The CPSC granted an exception to testing for the sale of USED childrens items in Jan 2009.
Most won't risk prosecution for untested articles. Goodwill pulls kids' clothes, toys off the shelf

On Jan 30, 2009 the CPSC granted a 1-year "waiver" of testing & certification requirements on some items. Sellers can still be prosecuted if they inadvertently sell something that exceeds the strict lead and phthalate levels. It's already looking like some State's Attorney Generals will not honor the non-binding "stay" issued by the CPSC. Congress must amend the law! Printed materials such as books, birthday invitations, science equipment, sports uniforms and equipment
and other goods are ALL affected. Books printed before 1985 are "banned" for sale to children. There are now MILLIONS OF DOLLARS of inventory of children's size dirt bikes & four-wheelers in warehouses nationwide, which are now illegal for the business owners to sell. Who's kids are made safer by this law? If kids can't have kid-sized bikes, they'll undoubtedly ride bikes & rv's that are too big for them, resulting in more injuries. Who is safer? Does your 12 yr-old chew on their bike tires?

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Congress Phone Number To Call - Demand They Amend the CPSIA

Here's the DC phone #'s for US Representatives & Senators who sit on the Commerce,
Trade & Consumer Protection Committee . CALL THEM & TELL THEM TO AMEND THE CPSIA!!

Bobby L. Rush, IL 202-225-4372
Jim Matheson, UT 202-225-3011
Jan Schakowsky, IL 202-225-2111
G. K. Butterfield, NC 202-225-3101
John P. Sarbanes, MD 202-225-4016
John Barrow, GA 202-225-2823
Betty Sutton, OH 202-225-3401
Doris O. Matsui, CA 202-225-7163
Frank Pallone, Jr., NJ 202-225-4671
Kathy Castor, FL 202-225-3376
Bart Gordon, TN 202-225-4231
Zachary T. Space, OH 202-226-6265
Bart Stupak, MI 202-225-4735
Bruce L. Braley, IA 202-225-2911
Gene Green, TX 202-225-1688
Diana DeGette, CO 202-225-4431
Charles A. Gonzalez, TX 202-225-3236
John D. Dingell, MI 202-225-4071
Anthony D. Weiner, NY 202-225-6616

Mark Pryor, AR 202-224-2353
John D. Rockefeller, IV, WV 202-224-5141
Daniel K. Inouye, HI 202-224-3934
Bill Nelson, FL 202-224-5274
Maria Cantwell, WA 202-224-3441
Frank R. Lautenberg, NJ 202-224-3224
Claire McCaskill, MO 202-224-6154
Amy Klobuchar, MN 202-224-3244
Olympia Snowe, ME 202-224-5344
David Vitter, LA 202-224-4623
John Thune, SD 202-224-2321
Roger Wicker, MS 202-224-6253

Consumer Product Safety Commission Officers
Chairman Nancy Nord 301-504-7901
Commissioner Thomas Hill Moore 301-504-7902
Executive Director Patsy Semple 301-504-7907

Boston News about libraries under the CPSIA

American Library Association Website story - No relief yet from CPSIA

The Consumer Product Safety Commission has some freedom in interpretation of the law.
But the law passed by Congress is VERY SPECIFIC and not open to liberal interpretation
by the CPSC or the federal courts. Congress is telling the CPSC to FIX THEIR BAD LAW.
The "stay" issued by the CPSC is NOT legally binding, it's only a recommendation!

Big Business will reap windfall profits from this legislation, enacted to prevent the very problem they caused
with THEIR OWN IRRESPONSIBLE IMPORT of dangerous childrens toys! Large manufacturers will be the ONLY
companies who can afford the increased costs to manufacture childrens goods under this new law.

Did Congress intend to make honest citizens & business owners into criminals overnight?
Is this a Big Business conspiracy to drive their competition out of business? Probably not. But it's the most

ill-conceived, one-size-fits-all, slam-bam-thank-you-ma'am, brain-dead legislation enacted in recent history.
NOBODY wants lead-tainted toys in the hands of children. But this law MUST be amended before it drives the
U.S. economy even further down the swirling toilet! NO GOVERNMENT-FORCED BANKRUPTCIES!

Since the testing requirements for some products were issued a "stay" on Jan. 30, 2009, some businesses are keeping their untested childrens goods in stock. There were to become "Banned Hazardous Goods" on February 10. Businesses across the country were going to be forced to pull childrens clothing, toys, books & products from shelves on Feb. 10. Some business owners were knowingly going to risk lawsuits for selling "banned hazardous goods" and risk criminal prosecution, because they had too much money tied up in their children's inventory. Many other business owners had NO CLUE about the extent or penalties laid out by the law, and many had not even heard of it. They would ALL have become FEDERAL CRIMINALS on Feb 10. The EPA is responsible for overseeing disposal of "hazardous goods". But they were unaware that landfills were about to be inundated with millions of dollars worth of inventory that had suddenly become "banned" overnight.

Congress is still showing unwillingness to amend this law. So when the "stay" expires on Feb. 10, 2010, the disastrous effects of this law may still take place. Businesses are already closing despite the "stay". A 13-page "clarification" was issued by the CPSC only HOURS before the Feb 10 deadline! But the CPSC website server is constantly down, so GOOD LUCK trying to read it!!

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The following section has not been modified since the Jan 30, 2009 testing reprieve.
However, unless the law is not amended, the following scenarios will still be valid on 2/10/10.

If you STILL think this law doesn't affect you, keep reading!

Do you attend church? Children's Bibles now on store shelves will become "Hazardous"!
Handmade Christening Gowns, childrens rosaries & First Communion Dresses Will Be
ILLEGAL To Sell Unless Each Component Is Tested For Lead!

If the PRESIDENTAL INAGURATION ceremony were held after Feb. 10 2009, the following costs would be required for a dressmaker to LEGALLY make a single $300 dress for one of the OBAMA girls to wear at their father's inaguration. Each dress would require an identical dress for testing purposes. Assuming that the dress has 7 different surfaces to test (fabric, thread, etc.) the testing quote from one certified lab would be:

Report charge: $100
Lead test for each substrate (surface): $80/ea, 7 surfaces = $560
1) zipper   2) thread   3) fabric   4) lace   5) ribbon   6) label   7) interfacing

Total possible testing charges: $660
COGS for 2 dresses: $600 ($300 for 1 to wear, $300 for 1 to test)
U.S. Priority Mail & Insurance to test facility: $10.00
Total expenditures: $1270 for ONE $300 dress

If the girls had identical dresses made from the same bolt of fabric, each would require separate testing under the law, because they are different sizes. The total cost would be $2540 for 2 dresses costing $300 each. If the girls needed 4 dresses for 4 different occasions, the cost would be $10,160.

This doesn't count the waiting time for testing at one of the 15 certified testing laboratories. Since fabric is inherently lead-free, who are the stockholders of these 15 certified testing facilities? Apparently some of the "certified" labs are in China! CHINA! Where the lead-tainted toys came from!

Many businesses are still unaware this law affects them, because the media has focused on the economic
meltdown, scandals and the presidential election. What about child care centers? Schools? Libraries?
ALL education facilities will be impacted by the rising cost & unavailability of childrens goods.

Why are car manufacturers given years to comply with new regulations?

The lead-tainting problem primarily concerns IMPORTED TOYS!
Focus on the problem - Don't screw the entire United States!

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Exempt ALL articles which are inherently lead-free! Exempt clothing without plastics. Exempt books made without plastics. Test only the plastics. Exempt electronics & electric products.

Get real about the age limit! 12-year-old students in Junior High & Middle School are lighting bunsen burners in chemistry and disecting frogs with sharps objects in biology. They are NOT chewing on their bicycles, microscopes and telescopes!
We NEED science equipment and books in our schools!

Micro-Manufacturers and Individual Artisans

There MUST be an exemption for American-Made Hand-Made One-Of-A-Kind products!

Craft fairs are an American Institution! The hugely popular craft fairs at War Eagle in Arkansas and An Affair of the Heart in Oklahoma City are just examples of an American tradition that will be devastated as booth sales drop! Handcrafted stores based in Branson Missouri, Pigeon Forge Tennessee and other tourist destinations will go bankrupt, as they are forced to pull hand-crafted articles and replace them with commercial imports. Church, school, and non-profit organization craft sales will be a thing of the past. The following are examples of hand-made items that will be illegal to produce, market and sell for children under the age of 13 without lead testing.

Custom-made Flower Girl wedding party dresses
Custom-made First Communion, skating, ballet, dance, gymnastics & pageant dresses
Handmade baby blankets & crib quilts, bibs, christening gowns
Hand carved wooden toys (made in response to imported lead-tainted toys)
Sports Team Uniforms - Adding the team name or player name makes them custom
Custom-made show jackets for Western & English horse show riders
Custom-made rodeo & cowboy show team outfits, custom made belts
Junior Rodeo Princess Banners & crowns
Childrens cowboy hats, chaps & boots - do you have to test each hide?
Handmade dolls, doll houses, stuffed toys, pillows, backpacks
Handmade furniture, bedding, sports equipment
What about playground equipment, tree houses, ???
The list goes on and on!

Small Business Manufacturers

Raw material manufacturers should be responsible for ensuring that their products are safe, and lableling raw materials with an MSDS-like labeling system. The finished goods manufacturers shouldn't have to test every color, style and size of product! The CPSIA MUST accomodate small business manufacturers and retailers who are the backbone of the American economy!

Sure, the "toy police" aren't going to be making arrests on Feb. 11, 2009.
But with HUGE fines & federal prison terms of 5 years, are you willing to risk it?
Congress shouldn't pass laws that make honest citizens into criminals overnight!

Contact Nancy Nord and Thomas Hill Moore of the Consumer Product Safety Commission, & let them know you are aware of the Waxman/Rush lettr of Jan 16 that they've been asked to implement immediately . This sends the message loud and clear that they are now accountable. This message is so important because their response has been that they have no authority to change anything. Stress that their very commission ( CPSC ) has been given FULL Authority to make these necessary changes - it says so in this letter!! Ask what they are doing about this!? When will we see clarification and changes??!!! WHILE YOU're AT IT, DEMAND THAT THEY ALLOW XRF LASER TESTING OR COMPONANT TESTING to qualify after August 2009!!!

Nancy Nord & Thomas Hill Moore
phone: 301-504-7923 fax: 301 504 0121

THE second task is to CALL/EMAIL/FAX Waxman and Bobby Rush. They proudly passed and defended this unreasonable legislation. And now that they've written this letter to CPSC, they feel they can wash their hands of this mess. But it is important that we call these two and let them know that THEY ARE ultimately responsible for this bill. The Commission CANNOT undo the law without their direct involvement.

WAXMAN 202-225-2927
(202) 225-3976 (phone) DC
(202) 225-4099 (fax) DC
(323) 651-1040 (phone) LA
(818) 878-7400 (phone) LA
(310) 652-3095 (phone) LA
(323) 655-0502 (fax)

Bobby Rush
Washington Office
2416 Rayburn HOB
Washington, DC 20515
phone: 202-225-4372
fax: 202-226-0333

Dear Senator --------: A letter asking for a delay on the Consumer Product Safety Improvement Act was sent by Energy and Commerce Members Joe Barton and George Radanovich, to Henry Waxman. This letter echoes my concerns about the economic impact the CPSIA will have on the United States, and the fact that unlike the various "bail-outs," allowing more time for the CPSIA to be properly implemented would be free of charge, and save thousands of businesses in one fell swoop.

Yours truly,

Please read this ground-breaking letter at

UPDATE: There is now talk of a January protest march in Washington D.C.   Details later...
If ignored, we will descend on Washington D.C. like a swarm of locust.

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Page Links

National Bankruptcy Day

Handmade Toy Alliance

Sign the Petition to reform CPSIA

YouTube Nov 6, 2008 and STILL Nobody is paying attention!!
There are MANY good YouTube videos concerning CPSIA!

Wall Street Journal

Tulsa OK - Lundeby's Ecobaby offers safe, organic & eco-friendly products.

CPSIA Central

Marietta (Ohio) Register Story Jan 14

Clothing Manufacturer Information About CPSIA

Hand Carved Toy Maker Business Will Go Bankrupt

YouTube Spoof on CPSIA

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