Selling used children's goods? That's a Federal Crime.

[zeitgeist]

New law restricts re-sale of kid's products | News for Austin, Texas | KVUE.com | Top Stories

Federal officials have clarified a new federal law that raised concerns and questions nationwide and in Austin about which used clothing and toys will soon be illegal to sell.

A new law which takes effect next month requires testing for lead and other chemicals on any kid products made before February 10th.

Members of the Consumer Product Safety Commission tentatively agreed that clothing and toys made from natural materials like cotton and wood will be exempt.

But most resale clothing and toys are not made of natural materials--which could still create problems for resale shops.

Members of the Consumer Product Safety Commission tentatively agreed that clothing and toys made from natural materials like cotton and wood will be exempt.

The Consumer Product Safety Commission is asking for parents to weigh in.

WHAT. THE. HELL.

Talk about throwing the baby out with the bathwater. I'm looking for more on this travesty even now. Has anyone else heard about this one before?

[zeitgeist]

Double post... sorry.

[zeitgeist]

New safety rules for children's clothes have stores in a fit - Los Angeles Times

Barring a reprieve, regulations set to take effect next month could force thousands of clothing retailers and thrift stores to throw away trunkloads of children's clothing.

The law, aimed at keeping lead-filled merchandise away from children, mandates that all products sold for those age 12 and younger -- including clothing -- be tested for lead and phthalates, which are chemicals used to make plastics more pliable. Those that haven't been tested will be considered hazardous, regardless of whether they actually contain lead.

"They'll all have to go to the landfill," said Adele Meyer, executive director of the National Assn. of Resale and Thrift Shops.

The new regulations take effect Feb. 10 under the Consumer Product Safety Improvement Act, which was passed by Congress last year in response to widespread recalls of products that posed a threat to children, including toys made with lead or lead-based paint.

What a great way to simultaneously bloat the landfills and screw new parents! Couldn't have come up with a better, more efficient method if I tried!

[fallon]

I've actaully been following this law as I sell knit wool pants for cloth diapered babies. A diapering board I belong to is up in arms about this because most of buy and make handmade goods for our babies and this law could put a lot of out of business. we also sell the diapers our children have outgrown there and may not be able to that anymore. This is all just so sad for a lot of us.

[zeitgeist]

Well, then you'll be glad to hear about this clarification that the CPSC just released today - I hadn't seen it before I stampeded in here to write a pissed-off post.

CPSC Clarifies Requirements of New Children’s Product Safety Laws Taking Effect in February

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.

That sounds much more lenient than the initial story suggested.

[fallon]

haha, I actually was just reading this too.

[16th ave.]

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.

this part sounds like a double standard. they're not required to test the products for compliance but can face penalties??? well then what the heck are they supposed to do then??? from what i've read in the past the testing itself could put even some decently profiting mom/pop stores out of business b/c the tests are evidently so high. how do they expect the thrift stores to manage???
ugg, it's all messed up...

[Skyburning]

Fallon you will be able to sell anything "used" just not new goods. I would think people selling things on Etsy and the such would just tell a fib and say they were second hand things they were selling. LOL

[Skyburning]

Oh and they are also working to amend it to say that natural fibers don't need to be tested so yarn and wool and things would be okay which should help you too