can't resell kids items? - Page 7

[mytwogirls]

I JUST returned from our local gently used children's clothing store and asked the owner if this law was going to affect them and she assured me it was NOT going to affect them. She didn't have time to go into details but she even has a sign posted to alert customers about this. I was so relieved and she said she checked with "authorities" about it so she knows what she is talking about. WHEW!!!!!!!!!!!!!!!!!!!

[PGTlatte]

It appears the resale industry is still not entirely comfortable....scroll down to the FAQ section of this page:

http://www.narts.org/CPSIA_Info.htm

[OurGift]

:(

If they are so concerned about lead that they threaten small business, resale shops and crafters out of concern for children under 12 than I think that cigarettes, alcohol, pharmaceuticals and vehicles need to be made illegal ASAP - out of concern for children under 12's safety.

What's next? And of course, this rewards the baby and children goods industry. Now everyone has to buy all new. Ka-ching! What about being environmentally responsible?

I feel sorry if this goes through what it will do to the people that cannot afford to buy all new. The current wording of the law is still threatening to those who dare to sell these items. We know how litigious America is. People will be looking for items that have lead in it from these outlets just so they can sue the pants off them. You know, because no one likes to work for a dollar anymore.

Sorry for the rant - very upset about this.

[Mrs. Bratton]

I am in the process of opening a children's resale business and I CANNOT get any information about it. I called the CPSC hotline. They couldnt tell me anything b/c they arent "trained" on this law. The people who are able to answer questions wont return my calls or emails. I just want to hear for myself that this wont affect me. Even thought common sense tells me it is ridiculous. Are they going to send law enforcement officers out to fine garage salers and resale shop owners?

I am just tired of arguing w/ people who think they know everything and think I am stupid for continuing to pursue my business.

I read the law verbatum and it is obviously targeted toward manufacturers and I have not seen any resale stores closing so I am not really worried. I just wish I could post a sign in my booth for my customers but I cant do that until I talk to someone from the authorities. I dont know what to do. I could ust cry. The CPSC compliance department is NOT going to call me back. Its been a week. How else can I find out?

[Mrs. Bratton]

Originally Posted by llp34

It appears the resale industry is still not entirely comfortable....scroll down to the FAQ section of this page:

http://www.narts.org/CPSIA_Info.htm

I am still not worried. Even though resalers arent formally exempt who is going to enforce that? Especially if they know anything about the act b/c they would know that it was not intended to target resalers.

And just read the disclaimer.

[Close2Me]

I just saw this article about this issue...looks like there may be a
bit of a reprieve?
Secondhand Stores Escape Lead Law
http://tiny.cc/kFq3H

[MayBaby2007]

My girlfriend got the following reply from our congressman. I hope it's okay to post it here?

Thrift stores can continue to sell things that were made before feb 2009 and they don't have to test. But if they sell something that exceeds the lead limit, they can face criminal charges? That sounds like a lot of liability.

Dear xxx:



I want to take this opportunity to thank you for contacting me regarding H.R. 4040, the "Consumer Product Safety Improvement Act of 2008" (CPSIA) which was signed into law by President Bush.

Concerns are being raised as a result of the CPSIA mandating everything sold for children 12 and younger will have to be tested for lead (Sec. 101) and phthalates (Sec. 108), and anything not tested or failing a test cannot be sold. For second hand and thrift stores this raises concern because they would be responsible should they sell older clothes or toys not tested.

The release below clarifies sellers of used children's products as thrift stores are NOT required to certify their products meet the new limits and standards. Furthermore, the new 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. Resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

I do want to make you aware of a press release just issued by the Consumer Product Safety Commission in response to concerns raised by you and others.

CPSC Clarifies Requirements of New Children's Product Safety Laws Taking Effect in February
Guidance Intended for Resellers of Children's Products, Thrift and Consignment Stores

WASHINGTON, D.C. - In February 2009, new requirements of the Consumer Product Safety Improvement Act (CPSIA) take effect. Manufacturers, importers and retailers are expected to comply with the new Congressionally-mandated laws. Beginning February 10, 2009, children's products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain children's products manufactured on or after February 10, 2009 cannot be sold if they contain more that 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.

Under the new law, children's products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.

The new law requires that domestic manufacturers and importers certify that children's products made after February 10 meet all the new safety standards and the lead ban. 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.

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.

When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC Web site (www.cpsc.gov) for information on recalled products before taking into inventory or selling a product. The selling of recalled products also could carry civil and/or criminal penalties.

The agency intends to focus its enforcement efforts on products of greatest risk and largest exposure. While CPSC expects every company to comply fully with the new laws resellers should pay special attention to certain product categories. Among these are recalled children's products, particularly cribs and play yards; children's products that may contain lead, such as children's jewelry and painted wooden or metal toys; flimsily made toys that are easily breakable into small parts; toys that lack the required age warnings; and dolls and stuffed toys that have buttons, eyes, noses or other small parts that are not securely fastened and could present a choking hazard for young children.

The agency has underway a number of rulemaking proposals intended to provide guidance on the new lead limit requirements. Please visit the CPSC website at www.cpsc.gov for more information.


Like you, I am concerned about the potential impact that this could have on many families and thrift stores in our area. It is my intent to work towards a solution on this concern as soon as possible. I would encourage you to stay up to date on this and other issues of interest by signing up for my weekly electronic newsletter. You may do so by visiting my website at www.house.gov/shimkus.


Sincerely,


JOHN SHIMKUS

Member of Congress

[fairymom]

I found this on my local news station's web site a link off of Craig's list in Minneapolis.It's from Kare11.



It was if you could hear a collective sigh from bargain hunters across the nation.

This afternoon, the Consumer Product Safety Commission released a clarification on a new, wide sweeping law that takes effect February 10th. It excuses second hand, thrift, and consignment stores from the stringent requirements of the Consumer Product Safety Improvement Act, legislation designed to protect the health of children, by keeping products with lead and Phthalates off store shelves.

The new law requires that domestic manufacturers and importers certify that children's products made after February 10 meet all the new safety standards and the lead ban. But as written, it also seemed to apply to resellers like ARC Value Village, which sells clothing, toys, and furniture from three thrift stores across the Metro.

The fear was that ARC would be required to test every donated item for lead and phtalates before they went on the shelves. The cost and red tape of such a process would, at the least, severely impact the income that goes towards programs for the disabled. At the worst, it could have closed the doors.

Today's interpretation of the law means 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.

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.

This afternoon, ARC Greater Twin Cities Spokesperson Pam Carlson called the ruling terrific news for Arc and many others. Bargain Bloggers across the country have been blasting the new law, saying it would negatively impact those with low incomes, and force second hand stores to fill the landfills with items they couldn't afford to test.

[hrsmom]

good news for thrift and consignment! I just saw this link, same story, LA Times
article

[ElliesMomma]

can i dredge this up again?

and ask if anyone knows the current status of this situation? my husband pointed out a WSJ article less than a month ago which seemed to confirm that kids toys and clothes were being dumpstered by good will and other large resellers. is it universally true? also i noticed on craigslist free site, someone posted that she is now giving away her kids toys, since good will told her the last batch she donated was crushed/destroyed.

i have to admit, i haven't been out shopping at any resale stores lately. are they still in business for kids stuff? is once upon a child still going? how about small neighborhood thrift stores?

if they *are* going out of business, how come i don't hear more about it, or am i just hopelessly out of the loop?

[fairymom]

I've shopped once upon a child and thrift stores in the past month (getting ready for lo) and they still have kids clothes and toys! My local craig's list is stillopen and I've bought off it too. I can't tell you about goodwill as I haven't been in one or even usually shop at them. We use others in our area.

[Mymble]

ElliesMama -- the law actually did go into effect, but the feds are not going to enforce the testing rule until next year. iirc, individual states are allowed to enforce it themselves if they want, and since they can fine people in some states people are nervous about enforcement starting to raise money. (I know on other forums there has been discussion about which states but I have no idea.) So, it's up to individual shops whether or not they want to sell -- here in NYC resale seems to have been wiped out, no charities I have found will take kid's stuff unless they are reselling in other states. (We were just able to donate a huge amount of baby things we couldn't give away by finding one of those charities that trucks the stuff around the country.)

But things might still be fine where you are, you'd have to go and check!

If you want to see what's been going on though, check out http://overlawyered.com/tag/cpsia/ where you will see Frightening But True things like libraries pulling tarps over parts of the children's section to prevent kids from checking out pre-1985 books.