New law? No more reselling, consignment stores, hand made crafts . . . [Archive] - Sonoma County Moms

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ladybish
01-07-2009, 09:22 AM
I got this from the PMC posts - has anyone ever heard of this?

"I have received dozens of emails in the last few days from friends and
consignors and shoppers at our store about this alarming new law that
started with great intentions to protect our children from dangerous levels
of lead and phalates. If this law goes into affect, EVERY consignment shop,
used bookseller (AND YES that includes libraries), Goodwill, Craig's List
and EBay seller will be OUT OF BUSINESS (yes, Marin Kids Consignment
included). You will not be allowed by law to sell a single item that your
child has outgrown. You must, by law, either give it to a friend or throw it
away.

And yes, it includes all of our Mother's Club annual rummage sales. It also
includes garage sales (OK, enforcing it will be impossible, but you will be
committing a FELONY if you sell your child's things in your own garage sale
unless you provide an official certification that it is lead free, and don't
you think that is wrong?)

In addition, this law requires expensive testing and certification for every
handmade item for children. Small crafters, handmade items (even made out of
certified organic materials) will have to be tested in order to be sold
legally. The phthalates testing is only required on products manufactured
after the act goes into effect on February 10, 2009, but the lead testing is
required on all products retroactively forever that are sold in the country,
including resale.

This new law affects everything, and I mean every single thing that your
"under 12" child may touch during the course of a day...clothing, toys,
books, bikes, computers, stuffed animals, blankets, cribs, strollers,
diapers, car seats, household items,zippers, buttons, decals, everything.

Does your child go to school? Under this law as it stands, your school for
children under 12 will have to replace every ballpoint pen and paper clip,
every toy, book, cot for napping...every single craft supply...every single
thing in every school, daycare or afterschool program.

Do you love libraries? Well, they are full of books and kids books might
have lead in them. Horrible? YES! Should we change this? YES! But under this
law, libraries would be required to throw away their books (because they are
classified "hazardous" they cannot be donated, either).

Could this be what our congressmen and women intended? I am still
researching and am hopeful that the interpretation of the law will come out
in our favor. At this point it feels completely surreal to me, I had not
even heard of it until someone on the Novato Mothers Club sent it to me!
Have I had my head in the sand or something? It is truly bizarre, but the
more I read the more it seems impossible to believe.

Please keep reading if you want to learn more. And if you care about this
situation, please write a letter to our Senators, even a simple letter that
says "Please keep our consignment shops open, please change the unintended
consequences of the Consumer Product Safety Information Act (CPSIA) that
goes into effect Feb. 10, 2009":
*Dianne Feinstein (D)
*331 Hart Senate Office Building
Washington, DC 20510

Phone: (202) 224-3841
Fax: (202) 228-3954
Email: senator@feinstein. senate.gov
Web Page: http://www.feinstei n.senate. gov

*Barbara Boxer (D)*

112 Hart Senate Office Building
Washington, DC 20510

Phone: (202) 224-3553
Fax: (202) 228-1338
Email: senator@boxer. senate.gov
Web Page: http://boxer. senate.gov/

I am copying a post from a blogger who I felt put it best (from
http://littletreasu ressale.blogspot .com/2009/ 01/cpsia- how-it-could- take-away- our.html
):

"Have you heard about what's going on with the Consumer Product Safety
Information Act (CPSIA) that goes into effect Feb. 10, 2009? We have 35 days
to change a law and we need your help in order to keep the resale industry
alive!
CPSIA was signed in Aug. 2008 and it has great intentions to protect
children (under 12) from exposure to lead and certain phthalates. But its
"unintended consequences" are quite unsettling because they didn't take the
resale industry into consideration.

In a nutshell, ALL children's products (including clothes) manufactured
after 2/10/09 are required to have certification that lead does not exceed
600 ppm. Most alarming is that CPSIA has been interpreted to apply to ALL
children's products in commerce, regardless of manufacture date. Which means
that reselling children's things that have not been tested for lead is
illegal. While this effects retailers and their current inventory, the
biggest impact hits the resale industry.

I am 100% in favor of getting toxic children's products out of circulation.
We want to help with the effort. However, this piece of legislation' s
blanket approach will cause the following adverse effect to resale, the
environment and families who need a way to make extra money during these
tough times:

1. The resale industry will go down, including Ebayers, seasonal sales,
thrift shops, consignment stores.
2. The most thrifty consumers (mothers) will have to buy everything new,
which is especially unfortunate in light of the current economy.
3. We will certainly fill up the landfills. You've seen how much stuff
comes to our sale, which is a drop in the bucket in the grand scheme of
things.
4. The law applies to ALL children's products, not just toys.
Organizations like Goodwill and Salvation Army that depend on clothing
donations will suffer.
5. How will the government regulate yard sales?

ATTENTION PEOPLE OF THRIFT, we have 35 days to change the language of this
bill so that consignment businesses, smart consumers and the environment
don't suffer."

I hope you will write a simple letter to help change the interpretation of
this poorly written law. If you are a Marin Kids Consignor, you will be
receiving a separate email in the next few days about what we are doing to
prepare in case we are forced to close our doors. I don't want to
overreact... I'll stay open until February 10th, but the fines are $100,000
and up to 5 years in jail. If you do a little digging online, many many
small businesses (not only resale but anything handmade is affected) are
closing shop in anticipation.

Want to learn more? Google "CPSIA" and you'll get an interesting night of
reading.
Here's a good one:
http://cpsia- central.ning. com/profiles/ blog/list? user=atbdzpbruy7 b"

Colleen&Kail
01-07-2009, 09:29 AM
this is so stupid, i am so irratated by this. theres a great consignment store in healdsburg called sprout that now will probably go out of business bc of this.

ugh.

Lorah
01-07-2009, 09:30 AM
Here is a link to read the CPSIA law:

http://www.cpsc.gov/cpsia.pdf

Sara
01-07-2009, 09:42 AM
That sucks. A mom in Jacob's class owns the consignment store in Healdsburg. Looks like this law will put her out of business :(

Sara
01-07-2009, 09:43 AM
this is so stupid, i am so irratated by this. theres a great consignment store in healdsburg called sprout that now will probably go out of business bc of this.

ugh.

That's the one that Jacob's friends mom owns. She looked pretty dazed this morning.

Marisa
01-07-2009, 09:52 AM
I just spent a ton of time reading through the law and the only place it refers to consignment or garage sales is in talking about educating them to not sell recalled products. I'm thinking there may be a lot of hype over nothing in the end.

Sara
01-07-2009, 09:55 AM
I saw another thing that said if the product is one of a kind, like you don't have 10 of the same item, the law doesn't apply. I think there is a lot of confusion over the law, and someone needs to spell it out clearly so everyone doesn't panic.

My3sonsplus1
01-07-2009, 10:02 AM
I don't know that I buy the landfill bit, people are going to toss their stuff instead of even putting it on the curb with a free sign if not first offering it to friends or up on freecycle or the like?? I admit I haven't read the actual law itself and I am not going to attempt touching all the points made but I don't think it would be bad for the "freecycle" mentality to flourish. As long as no money is exchanged you can always barter for things as a way to "buy" things. I'd love to be in a more bartery world, our family doesn't have tons of $ in the bank but we have stuff and services to offer, items to let our "neighbors" borrow for a season etc.

surmick
01-07-2009, 12:38 PM
I just spent a ton of time reading through the law and the only place it refers to consignment or garage sales is in talking about educating them to not sell recalled products. I'm thinking there may be a lot of hype over nothing in the end.

:yeah

becky
01-07-2009, 01:04 PM
i have heard about this too. there was a whole lot of talk on the mom pack about it a few weeks ago and i was over whelmed by all the emails. I feel so bad for all the businesses that are possibly going to be out of biz because of this.

TaivensMama
01-14-2009, 01:54 AM
looks like the law is being specified and resellers are not effected, look slike with all the hoopla they will be likely be specifying more of the areas of this law....this is what I found regarding the resellers, thriftstores and consignment specifications.....
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

Lorah
01-14-2009, 08:32 AM
looks like the law is being specified and resellers are not effected, look slike with all the hoopla they will be likely be specifying more of the areas of this law....this is what I found regarding the resellers, thriftstores and consignment specifications.....
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

Cool!

Looks like they still will be held accountable though....but then if everyone just avoids reselling the products that have been recalled we should be fine. :thumb

he 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.

My3sonsplus1
01-14-2009, 09:38 AM
I guess a biggie coming up that has not yet been addressed is books. I had heard they will have to ban under 12's from the library unless something in the way the law is written changes??? And apparently schools as well. They are not retailers and also not resellers so where does all the stuff they currently have fall? I haven't read up much myself, just hearing tidbits of "info" here and there.

Brookepanda
01-15-2009, 03:43 PM
I've spent the last couple days purchasing things that are hand made for my photog biz that I may not be able to purchase after Feb 10th. le sigh. Though, they are things I've been drooling over for some time...I just now have a reason to spend the money to get them...because if I don't do it now...I may not be able to have them in the future!!! My first item should be arriving tomorrow :D I am excited to see the goods, and also I have a few more things I want to get...I am just trying to find the best deals...because that's how I roll....

justamom
01-15-2009, 06:57 PM
http://www.latimes.com/business/la-fi-thrift2-2009jan02,0,2083247.story

justamom
01-15-2009, 07:01 PM
On that note, had you heard about this petition:

I wanted to draw your attention to this important petition that I recently signed:

"Save Handmade Toys in the USA from the CPSIA"
http://www.ipetitions.com/petition/handmadetoys?e

I really think this is an important cause, and I'd like to encourage you to add your signature, too. It's free and takes less than a minute of your time.

For more information about saving handmade toys:
http://www.handmadetoyalliance.org/

Thank you,

My3sonsplus1
01-15-2009, 07:29 PM
http://www.latimes.com/business/la-fi-thrift2-2009jan02,0,2083247.story

That article is dated 1/2/09 which I believe is before they ammended it to not include resellers...