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can't resell kids items?

post #1 of 132
Thread Starter 
I got this email, is it serious? if so I can't describe how this sucks for us

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After Feb 2009 it will be illegal to consign, resell, and sell items (clothes, toys..ANYTHING) manufactured prior to that date for children under 12 (unless you pay for 3rd party hazardous substance testing). This includes yardsales, e-bay, consignment shops, craft shows, handmade childrens items, etc. The new CPSIA will effect anyone that sells ANY products that can be considered for children. Not just toys and jewelry, but CLOTHING, ROOM DECOR, SCHOOL SUPPLIES, EDUCATIONAL AIDS, ART WORK, ART SUPPLIES, PILLOWS, HAIR BOWS so on & etc. Even HAND-ME-DOWNS as resales or vintage items will be subject to the testing.

To read the whole "brief", 67 pages long, requires some basic law education but you can get the gist of it in the CPSIA's FAQ section: http://www.cpsc.gov/about/cpsia/faq/...ml#educational

One, it's great that the legislators are trying to keep childrens products safe from lead and other hazardous substances. BUT, be aware that you will be unable to resell your children's items after February unless you pay to have them tested first. You will be unable to purchase anything except for NEW children's products after Feb 2009, which will be a challenge for many who are in financial crunches. Violators will be subject to fines and jail time.
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post #2 of 132
What?
post #3 of 132
Who sent you this article?

Are you sure it's not from an organization that wants to derail this legislation?

I'm reading the the FAQ now, I see nothing about yard sales and consignments, just the tightening of regulation and lowering the amount of lead and other hazards that are allowable.

I'd be suspicious of an email that sounds alarmist, and then kicks you to a general part of a very large FAQ that says nothing about what the email's being alarmist about (namely, the big bad government is going to fine you big time for having a yard sale).

I could see this getting dicey for consignment store OWNERS if they're required to certify everything in their store as safe (vs. having a sign or contract people sign saying that the buyers/consigners are responsible for vetting any recalls, ect. vs. the business owner being liable for that).
post #4 of 132
Kiddoson, If you look around the web, the consensus is that this will do exactly what it says it will, effectively putting all the small craft business straight out of business. Even larger companies such as Maple Landmark toys in Vermont will probably be unable to meet these standards. The only way for independents to compete will likely be testing co-ops, but even then such laws will unfairly favor large batches from big business manufacturing. Frankly, it is an absurdly fascist law and I'm not even certain it had wholly honorable intentions from the outset. For folks like us who refuse to bow to big business, we'll be thinking outside the box and buying either non toy items like cookware for our daughter, or making our own. We have just officially shot our industry in the foot. Again.
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AnnaArcturus
post #5 of 132
How can they regulate garage sales????

I think it is just for sales, not resale.
post #6 of 132
Quote:
Originally Posted by AnnaArcturus View Post
Kiddoson, If you look around the web, the consensus is that this will do exactly what it says it will, effectively putting all the small craft business straight out of business. Even larger companies such as Maple Landmark toys in Vermont will probably be unable to meet these standards. The only way for independents to compete will likely be testing co-ops, but even then such laws will unfairly favor large batches from big business manufacturing. Frankly, it is an absurdly fascist law and I'm not even certain it had wholly honorable intentions from the outset. For folks like us who refuse to bow to big business, we'll be thinking outside the box and buying either non toy items like cookware for our daughter, or making our own. We have just officially shot our industry in the foot. Again.
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AnnaArcturus
The OP's question was about resale, not about small craft businesses.
post #7 of 132
I am really upset by this. It is going to really affect the pocket book if I can't go to my local re-sale store to get my kids clothes I can't afford to go out and buy "New" all the time. I love being able to go to my local thrift store to get the high end clothes for cheap. I really feel bad for WAHM like myself and other that will soon not be able to sell our products that we make for kids.
post #8 of 132
I don't see all that stuff ending up in a landfill. It will get "passed around" somehow, even if it's not outright resold.

And will ebay just up and die? I don't think so. This sounds like a hoax.
post #9 of 132
I expect some lawsuits are coming!!!!!!!!!!!!!!
post #10 of 132
Yes it is real.
There has been a thread on this in the activism forum for a few weeks.

The whole thing is :
post #11 of 132
I, personally, take those types of e-mails with a grain of salt. If it was true, wouldn't there be news about it somewhere other than an e-mail that not everyone is getting? I agree with a pp, even if the stuff *isn't* sold, people will still have access to it, either freecycle, or "classifieds" or something else. I wouldn't worry too much about it.
post #12 of 132
There's a thread about this in the activism forum.

Yes, it is serious. They're being rather vague about it in the email, but the law is worded so broadly, that under current interpretation that would be what happens. Because the law is worded that it will be retroactive.

This also effects cloth diapers and pretty much everything for kids under 12.

I urge you all to look into this matter more before blowing it off and not believing it. Because a lot of changes are coming, and unless the interpretations and exceptions are made, they're not all going to be good. While I firmly believe the intention of this law was good, it just got out of hand in the way it was worded. It's very impractical. But it's happening.
post #13 of 132
This is real and there have been lots of threads on it in different forums on Mothering, including a large one in activism. There are links in that thread to many newspapers, including the Washington Post and The LA Times.
post #14 of 132
Quote:
Originally Posted by Tilia View Post
How can they regulate garage sales????

I think it is just for sales, not resale.
Resale is included so far, because the law is retroactive. It's possible that they'll make an exception, but it's not guaranteed that they will.
post #15 of 132
Quote:
Originally Posted by bmcneal View Post
If it was true, wouldn't there be news about it somewhere other than an e-mail that not everyone is getting?
There is. See below.

Quote:
Originally Posted by sweetdaughter View Post
This is real and there have been lots of threads on it in different forums on Mothering, including a large one in activism. There are links in that thread to many newspapers, including the Washington Post and The LA Times.
post #16 of 132
where did you get the info about consign/resale products?


if it applies to any and all previously manufactured products wouldn't the shelves of every single children's store in America be empty at this point? i think a local new station somewhere would have reported it if this were the case.

my friend owns a kids resale shop and hasn't said anything about it. i'm sure their trade group would be all over this legislation if they were part of it.

from my understanding it applies to all newly manufactured products including handmade in America small business type products.

check out the thread in Activism for links. it's a dumb law regardless.
post #17 of 132
Um, I don't know what to say ._.
post #18 of 132
Quote:
Originally Posted by stickywicket67 View Post
including handmade in America small business type products.
And thus signals the end of some of the few places I trust buying toys and clothing items for my son.
post #19 of 132
Subbing.
post #20 of 132
Quote:
Originally Posted by stickywicket67 View Post
where did you get the info about consign/resale products?


if it applies to any and all previously manufactured products wouldn't the shelves of every single children's store in America be empty at this point? i think a local new station somewhere would have reported it if this were the case.

my friend owns a kids resale shop and hasn't said anything about it. i'm sure their trade group would be all over this legislation if they were part of it.

from my understanding it applies to all newly manufactured products including handmade in America small business type products.

check out the thread in Activism for links. it's a dumb law regardless.
That would be true if it weren't for the wording of the act. The need for testing for lead levels is currently retroactive. The word retroactive is key.

Yes, I firmly believe the intention of the law was targeted at newly manufactured items, but that's not the way it's worded. And it has to be interpreted and enforced based on it's wording.

It may or may not get an exemption.

From what I've heard a lot of resell shops have no clue this is going on.

And yes, some local news stations around the country have covered this. There was an article about it in Mothering, if I recall correctly. The thing is, so many people are concentrating on the good aspects they're not realizing the huge effects it'll have because of how it's worded.
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