H.R. 4040: the Consumer Product Safety Improvement Act of 2008

In August 2008, the U.S. Congress passed a law prohibiting the manufacture, sale or distribution of any children's products containing lead. It will be in force effective Feb. 10. The votes in the Senate and House were almost unanimous in favor of the bill.

Can Americans relax, knowing that their children will be protected from lead in clothing and toys? Perhaps not.

Many retail outlets for children's products are unaware that the law exists. Others are aware of the new bill but do not know how they can comply. Most of the existing inventory at retail outlets, distributors, and factories was fabricated before manufacturing companies could have known about the requirements of the new law.

Children's clothing, toys, and other supplies are often composed of fabrics, dyes, plastics, and metal parts from sources all over the globe. Testing to ensure compliance with the law requires a chemistry laboratory, skilled technicians and a capability to perform x-ray fluorescence or inductively coupled plasma spectrometry.

Consequently, it is expensive to test a completed children's item.

Lead is not a rare ingredient. It is used in a wide variety of production processes. When the expense of testing for the presence of lead is spread over large quantities of paint, fabric, and plastic, the cost impact on any one item manufactured from those raw materials might be small.

However, current understanding of the law is that all products must be proven free of lead, including existing stock. All items for sale after Feb. 10 are considered guilty until proven innocent.

Retail outlets and small manufactures would find the cost of testing their goods to be prohibitive. The alternative is to scrap their current inventories.

Errol Noel, owner of a retail shop named The Toy Factory, replied “I don't know what the impact will be, and that's what so scary. I don't know how to insure that my suppliers are in compliance." Carey Oien, the manager of The Kids Kloset said, “I haven't seen the actual law. I don't know if it applies to nonprofit organizations like ours."


Enforcement of the law is at the discretion of each state's attorney general. Surveys conducted by the U.S. Department of Agriculture in 2006 enabled estimates that the annual clothing expenditure in the U.S. is roughly $400 per child. Total spending is in excess of $50 billion dollars annually.

Rigorous enforcement of the law at every retail establishment would be difficult. However, when a business is found guilty of a violation, fines of up to $1 million or more can be levied.

The situation is difficult for shops that sell used clothing. A single shop may have clothing from thousands of different manufacturers, and the clothing may have been created long before the bill was first considered.

Imagine that Congress passed a law that all cars sold must meet extremely tight tail-pipe emissions standards, effective immediately. Used car lots would have a real problem. Even car dealers holding an inventory of new cars manufactured before the law was passed would be in trouble. However, emissions laws have been written to impact only future car models. A grace period allows for the manufacture and sale of current models. Existing cars are exempt. Meanwhile we have to live with the emissions from older auto designs.

Children's clothing and supplies are more sensitive politically. No legislator wants to go on record as saying that it is acceptable to continue to sell lead containing items for children, even if only for a season while stricter manufacturing standards can be implemented and existing stocks can be sold. The Consumer Product Safety Improvement Act of 2008 contains no grace period. It passed 421 -1 in the U.S.House and 89-3 in the Senate.

Did legislators anticipate the impact of their bill? It appears that they didn't.

As the bill was being processed through Congress, a section required to assess the bill's economic impact was left blank. Congressman Peter DeFazio of Oregon sent a detailed letter in response to inquiries about the impact of HR4040. He attributes the confusion surrounding the bill's implementation to poor management by Bush administration officials, "The bill passed the House by a vote of 407 to 1 as it was considered a common sense piece of legislation that was designed to keep our children safe. Unfortunately the Bush Administration's Consumer Product Safety Commission, which is in charge of drafting regulations in order to enforce the new law, did a poor job of explaining what was expected of retailers and consumers and have written what I believe are overly strict interpretations of the law."

The number of news stories about the law has increased dramatically as the February implementation date draws near. Members of the public, not just business owners, are becoming concerned.

Bethany Fegles, a mother of two small children commented, “I just heard about this earlier this week and have wondered myself what would happen to so many smaller second-hand retailers. Or all the moms selling their kid's clothing on Craigslist. Or all the parents that use garage sales to earn back a little bit of what they spent on all the kid toys/clothes.”

The U.S. Consumer Product Safety Commission web site
http://www.cpsc.gov/ has the latest news updates and answers to frequently asked questions.

The Unintended Consequences of Law (story idea)

The U.S. congress passed a bill requiring all clothing outlets to test their wares for lead content. It was passed hurriedly during the scares regarding lead in Chinese toys etc. It takes effect as of February 10, I volunteer at "The Kid's Kloset" where we collect and distribute clothing for families in need. I have to investigate more, but it appears that this law would effectively shut down used clothing outlets and small business that cannot afford to test their inventory.

I can interview the manager of the Kid's Kloset, call DeFazio's office (and Wyden/Merkel). I can also interview other used clothing outlets in Corvallis as well as some mom and pop shops. I will research what major manufacturers are doing as well.

How Do You Eat An Elephant?

One bite at a time, of course. Here is an example of a technique for taking a big topic (in this case, language) and dividing it into smaller and smaller pieces.

A Note to My Readers

First of all, welcome to a hyper-elite minority: those who choose to read my blog more than once! I only have hints that you exist: occasional comments, multiple hits from one city. (I can't track by computer or person, just location).

You will notice postings that may seem unusual. I am taking a journalism class (feature writing), and some of my work for the class will be posted on my blog.

Of course, as always, one really beautiful thing about blogs in general, and my posts in particular, is that you can ignore or relish them in almost total anonymity. So if you have enjoyed a number of my past posts, please seek professional help. Oh, and don't be surprised by increasingly odd posts for a season.

Who Am I?

I wonder that myself. I have so many titles that it's easy to get confused about what role I play in this world. Despite my 58 years, I am still a Child of God. My marriage is a great one, so I am a happy Husband. We have raised four children, and although the youngest is almost 18, I will always be Dad to each of them. Two years ago I added Grandpa. Fortunately, I had added the title Father-in-Law years before that.

At work I was often referred to as the Boss, since I was an engineering manager for most of my 33 years with HP. Nonetheless, I am enough of a nerd that many friends and family still think of me as an Engineer. After all, I can still get pretty excited about the latest developments in light emitting diodes (LED's), computer chips, and fiber optics.

These days I can refer to myself as Retired, although I prefer the title Freelance. That shift has allowed me more time to be a Volunteer for several outfits. It has also allowed me to become a Student, which is a title I hadn't used for more than 34 years. Perhaps upon completing my journalism class I will qualify as a Writer. That sounds like fun.

Well, that's enough about me. I would prefer to ask, “Who are you?”

Seeing Ourselves as Others See Us

O would some power the giftie gie us to see ourselves as others see us.
(O would some power the gift to give us to see ourselves as others see us.)

Robert Burns, Poem "To a Louse" - verse 8 (from http://www.quotationspage.com/)

Picture a nice breakfast in your mind. Something you could enjoy on a regular basis.

Now imagine that a new acquaintance tells you that the photo below is a pretty good example of a breakfast they would enjoy. (thank you to Jenn Kelley for the photo)

Most of us would find it hard to believe that our new acquaintance was serious. If we were to see them consume this as we would eat a bowl of cheerios, what would we think? Gluttony. Insanity. Illness.

I have wondered why Burns describes it as a "gift" to be able to see ourselves as others see us. I have feared the gift would be a curse. I see myself as living in the "reasonable center". People who exercise a whole lot more than me are fanatics or freaks of nature. People who exercise a lot less are couch potatoes or just pitifully weak. I am in the middle with the other "reasonable" people. In the same way I tend to think that I am just about as patient, kind, or generous as most "reasonable" people. In the past we referred to those folks as "normal", but language morphs. Now normal implies boring and unimaginative. Ah, but reasonable is greatly to be desired. After all, if everyone were reasonable, imagine what a wonderful world this could be. Were I to see myself through other's eyes, how quickly the illusion would be dispelled. I suppose that is why Burns calls it a gift. He was wise enough to know that we would benefit from having our illusions shattered.

If we scratch through the surface of what we mean by reasonable, we quickly see it for the sham it is. Reason alone cannot lead us to a vision of a life worth living, because our ability to reason is warped by our pride and our greed. Only a revelation of all that is good can allow us to see all that is not good in us. Yet even revelation plus reason is not sufficient. We must make choices that are good, and we soon find that we fail to do so far too often. We make resolutions for the New Year and then are shocked by how quickly our resolve is exhausted.

Reason and revelation must be sought in conjunction with relationship with God. God is the base on which we stand. Without a base, we float rather than stand. We are a helium balloon, moved by the prevailing winds of our era. Untethered and unteachable, making progress toward nowhere in particular.

Plus 24 Years

Me with our first child.

Me with our first grandchild.

The Value of Experience

As I have aged, I have accumulated a lot of experience. At 58 I have experienced the segregated south, hippies, peace marches, cocaine parties, the bar scene (several varieties), small companies, big companies, being on a school board, being chased by a bear, raising four kids, true love, several hairy car wrecks, numerous broken bones, black outs, pass outs, several major surgeries, low income, high income, 48 of the 50 states, visits to a dozen countries on four continents, conservative politics, liberal politics, a few weeks in a wheel chair, blizzards in the mountains, rip tides at the coast, parasites, LSD, assault with a deadly weapon, twenty years of teaching Sunday School, snorting meth, ballet recitals, SAT, GRE, BS, MS, opiate addiction, high tech, steel mills, abandoned mine shafts, hurricanes, winos, con artists, encounters with God, communion with saints, attending child births, rocks concerts, drag races, zipping my father into a body bag, body building, engineering, managing, studying. I could keep going, but you get the idea. I have experienced many things.

I would like to think that all of that experience has earned me a special status as a wise man. However, I have long since realized that experience is only valuable when one learns from it. One person gains more wisdom in a trip to the mall than another might in a trip around the world. Do I learn? Do I remember when I need to? Do I act according to what I know to be true?

I will continue to enjoy, endure, and accumulate experiences. Lately I feel little need to seek them out but neither do I want to avoid them. I want to learn from the experiences I have, even if it is via hindsight. I want to remember what I learn, even when the distractions and temptations to forget seem overwhelming. I want to use every second of living to grow closer to God and to love my neighbors as I want to be loved.

I also want to drop the idea that being a geezer gives me much of an edge on anyone else. Perhaps the one thing I can say is that I have certainly been given many, many opportunities to learn and to put that learning to use. That makes me blessed. It doesn't make me better than anyone else.

How to Make a Difference

"I want to make a difference" . Yes, it is a cliche. "Vote for Change" is also a cliche, yet it seems to be effective decade after decade. In either case, the presumption is that the difference or change will make the world a better place. In most contexts it is presumed that the world will be a better place for all people. That is particularly true for "make a difference".



Of course, we all make differences all day long. Every breath we take diminishes the supply of oxygen in the atmosphere and adds a bit more carbon dioxide. Every step we take causes a bit of wear on any surface. In ancient temples gentle steps by small men have worn ruts into hard stone. However, is difficult to imagine that every such difference contributes to a better world.



We certainly long for a better world, even when our time in this one has been relatively pleasant. A young, healthy person sooner or later discovers that pain will come to them. The pain of loss. The pain of sickness. And if a person has the least bit of compassion, they will surely be aware that all around them are people suffering. Some suffer a greatly.



There was a time when I could have thought of exhaling as being neutral at the very least. Now I am told that each breath brings the world closer to destruction via global warming. No matter how lightly I tread upon the earth, I contribute to a sort of decrepitude where life is destroyed and buildings are rendered unusable. My impression is that many people have begun to perceive the human race as parasitic at best and perhaps even cancerous. As a Christian, I believe that all have sinned and fall short of the glory of God. That is the bad news. The good news, the gospel, assures us that God loves us and has paid the price to redeem us all and promises a new heaven and a new earth where there will be no more death, no sorrow, no crying, no pain. In no way does that mean that we should simply endure this life and wait for the next. We are called to action. The desire to make a difference is a wonderful Godly trait.

So where's the rub? Why do people speak of wanting to make a difference as though it were difficult, perhaps impossible. There is a lie abroad that discourages us. The lie is that right now, given our current constraints, we make only insignificant differences. First we must grow stronger, richer, wiser. The difference we make should be easy to see, not only by us, but by all those around us. Preferably it should be such a noteworthy contribution, that we must struggle to remain humble in the face of popular acclaim.

It is a terrible lie that snares us and squeezes tighter as we fight to escape it. But a lie is not destroyed by our struggles. A lie is destroyed by the truth. It is the truth that can set us free.

The truth is that every tiny act of compassion, every feeble attempt at patience, every halting effort to love has an eternal impact. Even better, each microscopic contribution to the common good strengthens us to enable us to do just a little better in the next moment. The truth is that we participate in the redemption of the entire universe each time we choose to do good rather than evil. Faith is required because most often we will be unable to see the difference we have made. Courage is required because we may feel very much alone in our efforts. Focus is required because we will be tempted to look about and see whether our contribution is appreciated, rather than look forward to see what we might do next.

Humility is required so that we will remember that we participate in creating a better world but we cannot orchestrate it. God conducts the orchestra. We simply seek to sound one harmonious note, followed by another and another.

Church With The Mbugwe

This post will have some photos of the Sunday that Julia and Viggo took us to a church located in one of the Mbugwe villages. First, below are a couple of photos of the first "workshop" that Julia and Viggo had at one of the villages a few weeks before that Sunday. I think it is important, because you will see that we were welcomed warmly and with a lot of special events. That is because Julia and Viggo had already been traveling from village to village, getting to know the Mbugwe pastors. The various pastors and their congregations are excited about the prospect of getting scriptures in their own language. The language is currently only spoken, no writing. So there will be lots and lots of hard work of which the workshop was just the very beginning. Julia and Viggo have to accumulate vocabulary, understand the sounds and decide how to represent them with an alphabet. They will have to learn the grammar for Mbugwe. While they are doing all that, they need to gain a deeper understanding of Mbugwe culture. Cultural context will be important in deciding how to best translate so that they will communicate effectively and help the Mbugwe understand the scriptures.
This first workshop is taking place in the middle of an Mbugwe village. You can see houses and fences in the background.

The church that we visited had one of the largest church buildings in the area. It is built of bricks with a dirt floor and a metal roof. The windows and doorways are openings in the walls.

We sat in the back so that we would not distract people during the sermon. Here is shot looking forward in the building before everyone had arrived.

Eventually the pews became filled until there was standing room only. This shot shows Julia sitting on the women's side of the aisle. The ladies helped out by holding Daniel during the church service.

Worship was lively. Lots of hymns were sung accompanied by a battery powered keyboard. One of the local pastors preached a sermon in Swahili. Even though the audience was almost 100% Mbugwe, the hymns and scriptures are in Swahili, so the sermons are in Swahili. Comprehension of Swahili varies widely, and any one of these folks would find it far easier to understand the sermons and biblical concepts if they were presented in Mbugwe. Below a line of dancers enters in for a special period during the worship where the singing was in Mbugwe and traditional dancing was performed. It was a treat for everyone. The crowd loved it.

The striped sticks are used a lot. I asked how they were made. The bark is removed from slender poles. The stripes are burned by holding a hot iron against the stick while rotating it.

Barbara and I are sorry that we forgot to bring our video camera that day. The still shots cannot convey all the movement and sound. The Mbugwe have a particular dance where they gather in a circle facing each other and bend at the waist while undulating their shoulders. There is a still shot of that below.

Near the end of the service, Barbara, Samuel, and I were asked to step up to the front. We were given gifts and many kind words were spoken. Julia translated.

In the shot below, we posed with a couple of the pastors. Folks had come from a number of different villages to attend. I was asked if I wanted to say a few words. Fortunately, I had seen one lady wearing a T Shirt that had "Jesu ni Bwana" on it. I knew bwana was a word like boss or lord. So I was able to call out "Jesus is Lord" in Swahili. Julia had learned a few words of Mbugwe, so she thanked the congregation in Mbugwe. That was a big hit.

After the service we were treated to a dinner of rice with stew on it and bottes of soda. We sat on folding chairs with a number of the local pastors. For Sam, Barbara, and I the language barrier was a bit of problem. But Julia was able to translate back and forth between Swahili and English.

Below is a shot of a few of the many children who gathered around to stare unabashedly at us. Occasionally a child would call out "Good Morning, Teacher", which was one of the few English phrases they knew. One little girl counted to ten in English while I tried to match her in Swahili.

As we first began to drive out of the village, I got the shot below of one of the houses. Sticks are loosely woven into a wall. Then mud it packed among the sticks to fill all the spaces. The roof is thatch.

It was great to be able to actually meet a representative group of the people to whom Viggo and Julia will be pouring out their lives. Active Christians are a minority among the 25,000 or so Mbugwe people. So the translation work will be important for the churches, but it will also be very important for enabling evangelism. Wycliffe often works with the translators to supply literature and films, such as the Jesus film, in the local language as the translation progresses.

The Mbugwe are primarily farmers, so the villages are small and scattered widely. After Julia and Viggo have learned more of the language and the culture, they will very likely want to find a house in one of the villages, rather than live only in Babati. They will also be recruiting workers from among the Mbugwe to join them in the translation effort.