New safety rule must be phased in

I am writing regarding the consideration of revoking/rewriting the Sept. 12, 2008 "Falvey Opinion" which is written too broadly and will cause undue financial distress on MANY INDUSTRIES.

I work at Learning Resources in Vernon Hills, a leading supplier of educational toys and teacher's resources. We have an exemplary safety record and devote considerable resources to manage our supply chain to produce safe and compliant products. I've been made aware of this Advisory Opinion of the Office of the General Counsel of the CPSC that will negatively affect our industry due to it's stringent time frame.

The Falvey Opinion is written to apply retroactively to existing inventory after Feb. 10, 2009. This is non-sensible to me - how can an item deemed as "SAFE" on Feb. 9 be deemed "UNSAFE" on Feb. 10? The Falvey Opinion NEEDS TO BE REVOKED OR REWRITTEN TO INCLUDE A PHASE-IN PERIOD, allowing companies the chance to sell through much of their existing inventory.

While we (Learning Resources) know our existing inventory is safe and appropriate to sell, we don't know if it will be financeable after Feb. 10, the effective date of the Falvey Opinion. (Note that our inventory was manufactured in full compliance with law.)

I am very concerned that the Falvey Opinion will damage businesses providing children's products in our community. The range of children's products regulated is vast: footwear, carpets, clothing, bedding, luggage, lamps, toys, books, consumer electronics, school supplies, office supplies, jewelry, housewares, sports equipment and so on. I do not believe all these products pose a safety hazard to children. The company I work for could never afford to suddenly write-off large amounts of inventory. The Falvey Opinion stands for an unfair principle, that the government can take away property acquired lawfully and in full compliance with law. If the Falvey Opinion is allowed to stand, I believe America will be worse off. We depend on local businesses for important goods and services - and for jobs. WE CANNOT AFFORD TO LOSE MORE JOBS IN OUR COMMUNITY. While I understand the need for improved safety standards and procedures in children's products, I think we should expect these new standards to be focused on real issues, like lead in paint. Overly broad standards threaten jobs and the economic health of our town. In this economy, I am concerned that the vast sums spent to retest children's products or to identify production lots on everything will severely weaken many of our leading companies.

In an already struggling economy, no one can afford the cost and consequences of the forced sale or write-off of existing inventory. Businesses need time to adjust to the new standards and cannot absorb a hit to the balance sheet from a sudden loss of inventory. I have written to and am urging Cheryl Falvey to think in practical terms and to revoke or rewrite the Falvey Opinion.

Jennifer Connolly

Learning Resources

Vernon Hills