I got an e-mail today from the Home Educator's of Virginia that included the link where I found this update. It makes it OK for folks to resell books, etc. The e-mail explained it better but this is the official version. NEWS from CPSC U.S. Consumer Product Safety Commission Office of Information and Public Affairs Washington, DC 20207 -------------------------------------------------------------------------------- FOR IMMEDIATE RELEASE January 8, 2009 Release #09-086 CPSC Recall Hotline: (800) 638-2772 CPSC Media Contact: (301) 504-7908 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 than 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. 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. --- Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years. To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.
"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. " In a nutshell, it says they you can sell your used stuff... and you don't have to test it, but you can't sell it if it doesnt' meet the standards... so therefore unless they test it they really won't know anyway..lol Our government kills me, really it does.
That is why I was saying earlier, that it is unenforceable... It will either die without being enforced (Yes, this happens, just like other "Crazy laws about spiting on sidewalks on sundays in the summer, etc..)... or it will be challenged and repealed. For those who are afraid they will have to close their business..... Imagine someone tried to take you to court for this "Crime". Any basic lawyer could simply ask the prosecutor, "Why are you choosing to pursue THIS side of what your law states, instead of choosing to pursue THAT side of what your law states?" "And, given that the law contradicts itself, could you please tell the jury how you determined that the plaintiff was guilty of NOT following the letter of the law when in fact, if you read THIS half of the law they ARE following the letter of the law." "In fact sir, how can YOU yourself, determine WHAT is actually the crime committed if your law says it is both the burden of my client to test, and yet is NOT the burden of my client to test?" "Please, clarify." The case would be thrown out. If you think, "Great for those who have lawyers..." Do you have any idea how many lawyers are lining up to work pro bono (For free) on a case like this????
Personally, it's not the used item stores that I'm worried about. It's the mom next door who spends 5 hours a day knitting or sewing so she can afford to stay at home with her own children, who now legally can not sell her goods because she can't afford to have them certified, and isn't willing to risk over $100,000 in fines and prison time if she should be found selling uncertified products.
it's a sad, sad, world. I keep saying some American People have just way to much time on there hands, so they sit down and find a crazy law to pass..... I figured the other day I am going to put those people to work at a real job and we will see how long they last.....
It's got the publisher's concerned enough to come out swinging. http://www.publishersweekly.com/article/CA6627969.html?nid=2286&source=link&rid=620325054 snipped from the article: Chip Gibson, president and publisher of Random House Children’s Books, goes further. “This is a potential calamity like nothing I’ve ever seen. The implications are quite literally unimaginable,” he said, noting that children’s books could be removed from schools, libraries and stores; nonprofit groups like First Book would lose donations; and retailers, printers, and publishers could ultimately go out of business. “Books are safe. This is like testing milk for lead. It has to be stopped.” The CPSIA dictates that each children’s book SKU, shipped to retailers, catalogues and e-commerce sites as of February 10, must have been tested by a third-party lab to ensure that lead levels are below 600 parts per million. (Acceptable levels drop to 300 ppm in August and 100 ppm in 2011.) Some books also must be tested for phthalates, an acid used to soften plastic. The importer or domestic manufacturer must provide a Certificate of Conformity (usually posted on the Internet), and the product must be labeled appropriately. Older products on shelf must fall within acceptable safety standards but do not need to be accompanied by a Certificate, according to recent comments by the Consumer Products Safety Commission.
Jen, whether it's inforcible or not is irrelevent. Just the THREAT that they CAN do it is all that matters. Even the "exemption" to thrift shops is a bunch of BS. OK, they don't HAVE to test, but they aren't suppose to sell something with lead levels. So suppose JUST ONE item of clothing gets through, and someone discovers it's "dangerous", and complains. Then the government HAS to do something...like charge/close down the place, level fines, possibly even jail time for these folk who "knowingly" chose to "ignore" the "possibility" to our "precious children".
And they cannot do that without due process of law,,, Which means trial.... Which means a judge and or a jury... Which means lawyers... which means, it has to be PROVEN that you broke a law... And any law that is as fouled up as that one, which says you are guilty for NOT testing, yet NOT guilt for NOT testing in inherently UNinforceable, therefore, it would be thrown out. How many cases thrown out would it take to have the law repealed? Exatly. It would be all over the news. If everyone would scream at their rep that voted for it, to have it repealed, You KNOW it would be... Because they are politicians... and they do not want to be the guy who did NOT vote to repeal such a badly written law that so many of their constituents are pssionately against... But Uninforcable, means just that. They cannot enforce the law. I see no thrift store being shut down. I see the law being unenforced and allowed to die, or repealed due to public outcry if they TRY to enforce it.
That so called "clarification" was because of the fuss being risen. However, people are scared. I know there are goofy laws out there - like it's illegal to drop ice cream on the sidewalk.... but at the same time - it is causing people to say "HUH?! What's up with that!?" Call your Senator - most likely they have NO CLUE what law you are talking about! I have YET to hear from anyone who said their Senator knew about the law - and then when they DID read it - they couldn't see what the problem was. I don't think they actually read it or are so used to double-talk it made sense to them. What's even worse - I know a lot of people without internet and have no clue about this law and that it ALREADY PASSED and make stuff to sell..... how are they supposed to know about it? China has already stated they will NOT conform to this law - so where will that one take our already hurt economy. This next month should be interesting.
Well I'd certainly feel better if this one went away quickly! I have come to rely heavily on thrift stores for my kids clothing, toys, and books. I would hate for any of the stores in my area to close because of this. Hopefully you guys are right and it proves to be unenforcable.
Sadly, I got an email today that the people who send out the Homeschool Resource of the Day emails are liquidating their business.
Because of this law, Cheryl? (BTW, your job description is incomplete! Try Director of Human Development, Education & Family Relations!)
thrift store i just got a message from the childrens resale shop i go to all the time, and she said, she i no longer buying or selling childrens toys or furniture, and that she is not buying any clothing until she gets more clarification on the new laws, so i guess we see it is affecting our local thrift stores, unfortunately
I just spoke with our local Once Upon A Child store and she said they are continuing business as usual because the law does not apply to resale shops, and it's also posted on their main website at www.ouac.com here's a link to an article from the LA Times this past Friday that helps clarify a few things http://www.latimes.com/business/la-fi-thrift9-2009jan09,0,7588285.story
I found these links. No one is in the clear yet: http://www.narts.org/CPSIA_Info.htm - Thrift Store association http://www.publishersweekly.com/article/CA6627969.html?nid=2286&source=link&rid=620325054 Publishers http://thephoenix.com/Boston/News/74940-Congress-bans-kids-from-libraries/ http://www.wo.ala.org/districtdispatch/?p=1322 Libraries Please do not believe SNOPES. This is very real threat and the release clearly states that thrift shops can face stiff penalties for selling things that violate this law. More information at http://nationalbankruptcyday.com/
