Originally Posted by beccaroo
I'm not sure if this is on the thread yet...http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html
Sounds like reselling clothes should be just fine. I'd think books too.
Resellers aren't required test for lead. But they're not supposed to sell products that don't meet the new lead limits or have been recalled. It lists cribs, play yards, kid's jewelry, and painted toys as items to be careful with.
I'd like to put my two (untested for lead content) cents in. As Beccaroo posted today's update from the CPSC, they have just announced that resellers of used products do not have to test for lead. Or do they?
From the CPSC report link she posted:
"Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards."
Then the very next paragraph says
"The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.
" (I added the bold)
So in essence, the CPSC has made it optional for resellers to test. However, the reseller can face felony charges if caught selling even ONE article of clothing or a toy that exceeds the limit of lead. Imagine the opportunity for frivolous lawsuits this is going to bring.
I'm glad that this issue is finally getting some attention. I can not understand why the press has not jumped on this. There has been a huge effort by those in the children's industry to help educate people about this crazy law and the effect it is going to have on so many people.
To give you some idea of how this is going to affect the market, I'll tell you how it is affecting me. I am the co-owner and designer of a small knitwear line. Our line is Made in Peru of 100% cotton. We do use buttons, elastic and an occasional zipper in a jacket. Even though my products are inherently safe, my line is subject to the same testing as Mattel and FisherPrice toys.
Someone said they didn't understand the retroactive nature of the law. What this means is that on Feb 10th, only items that have a "Certificate of Conformity" which states that the item contains less than 600 ppm of lead can be sold. Any items that have not been tested, are to be considered hazardous materials and it will be a felony to sell them.
What this means for my company is that currently our Fall collections are in around 175 stores across the country. This merchandise was shipped to these stores BEFORE THIS LAW WAS EVEN WRITTEN. On Feb 10th, it will be illegal for a store to sell any of this merchandise that they have owned for several months, unless we (as the manufacturer) can prove that we have tested each piece for lead content and have a "General Certificate of Conformity" (GCC). In order for us to have a GCC, we have to pay for testing a product that we have already sold at a price that was determined long before we knew we would have to pay for testing. The least expensive method currently, is for us to rent an XRF gun and do the testing ourselves. Inexpensive equals $3,000. In August, we will be required to use a CPSC-approved third-party testing service. The cost for this is $150 for each time they "push the button". One garment does not equal one "push". Each component of each garment needs to be tested. We have a jacket that will currently take seven scans to test. That is $1,050 to test ONE jacket, in one colorway. The current testing that they are demanding is ridiculously redundant. For our new fall collection that we take to market in the next few weeks, the cost of third party testing will be around $105,000. This far exceeds our projected profits for the season. (This is not a very lucrative field in case anyone is curious!) For 100% cotton clothing that isn't embellished with metal or rhinestones or other bling, this testing is unnecessary. Unless this law is completely overhauled, small niche clothing lines like mine and many others will be forced out of business at the hands of our own government.
As I was typing this, I received a call from my state representative's office. The aide I spoke with said he's been on the phone with the CPSC for 3 days. It was only through congressional pressure that they made the change for the consignment and resell industry. He said that this law was originally intended to target dangerous imports from China and it was never meant to affect small businesses like mine. At least he gets it.
One interesting thing I just confirmed with him is how many people sit on the CPSC. Currently, that number is 2. TWO!!!!!
Sorry for the long rambling post. Thank you to all of you who called your representatives.