CPSIA new law

[Don]

I want to start a thread on this new law that apparently will effect all those who sell childrens items. I have read a number of blogs and have gone to the CPSIA webiste for info. Perhaps we can start a forum to share the facts and professional opinions. I have spoke to several shop owers today and heard of others going out of business as of 2-10-08. Personally I would advise not to start making your plans for going out of sale yet. It appears the law is still evolving. In my opinion it looks like it was primarily targeted at toy manufactures but now is bleeding over to the retailers. Our store policy is we do not take any childrens items that are painted. This is a start but probably does not address the full law. I have been told there may be a press release coming from the CPSIA to stop the panic. Please share your information here and let us try to keep it to the facts and professional opinions.

[BrianT]

How CPSIA affects the secondhand market is not about what the law says, it's what it doesn't say. Congress lowered the allowable lead level for any item made for or marketed to children age 12 and under effective on February 10, 2009. They did so without using wording like "manufactured after". Also, Congress called items that are not certified compliant "banned hazardous substances". Sections regulating all other toxic chemicals in CPSIA do use the wording "manufactured after". Because of this, the Consumer Product Saftey Commission (CSPC) had to interpret the intent of Congress regarding the lead regulation. On September 12, 2008 Cheryl Falvey, the General Counsel for the CPSC, issued a legal opinion stating that the new lead regulations were to be applied to existing inventory, not just items manufactured on or after Feb. 10, 2009 and that it would be unlawful for any person to sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States items that do not meet the new lead standard.

The way CPSIA has been interpreted by the CPSC it would be illegal to sell untested children's items at a yard sale. One of two things must happen to clear the air on what secondhand items may be sold with certification. Either Congress must pass legislation with clear language that the new lead standard applies to children's items manufactured after Feb. 10, 2009 or the CPSC change its position on how it handles secondhand items.

Many discussions on going at http://www.tgtbt.com/w-agora/index.php?bn=tgtbt_selling

[Support Team]

I am curious to see how they are going to enforce this. Is there a task force? What about stores like Toys 'R' Us? Do they need the stickers on everything? Maybe we should stop by a Toys 'R' Us in February to make sure they're in compliance? :)

[Don]

Again, If you sell childrens stuff you need to monitor the situation but don't order your going out of business signs yet. Below is a link that may settle some minds.

http://www.tampabays10.com/news/local/story.aspx?storyid=97558

If you insist on going out of business I will buy all your Liberty thermal tags and tag printers for 50 cents on the dollar :)

[Ed DiRuzza]

FYI, Vallease retired yesterday. That throws another monkey wrench into the mix.

[Don]

Here is a link to press release. In short the resale industry is ok for now. We are not allowed to sell products that have lead in them so if we KNOWING do then there could be problems. So if someone come and tries to sell you a truckload of cheap painted toys think twice. RELAX already !!

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

[BrianT]

The CPSC press release may offer insight on how the CPSC intends to enforce the CPSIA, it doe not change the law. While resale stores do not need to test children's items before selling them, the press release states, "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." Nowhere does this say "knowingly sell". I agree that no store should give up and close the doors over this. Be careful what you accept. Check all toys and baby gear for recalls. Do not accept this press release as the fix when there is momentum right now to have CPSIA fixed. Many in Congress are outraged over the "uninteded consequences" that have cropped up from CPSIA. Please contact your elected representative and senators and let them know that the CSPC press release related to resale was a nice gesture, it did not fix the law.

[Don]

Brian your correct. I serve on several municpal boards in my town and we have a few staff lawyers. They volunteered to review this matter for me at no charge. The opinion they gave back to me with the information they gathered was the "Spirit of the law" or " "intent of the law" is not reflected in the way this legislation was drafted. Therefore press release stating that resellers are not allowed to sell products that contain a certain level of lead and they should avoid such products is the C-Y-A statment. My lawyers told me the way they view it, if a shop knowing sells leaded products there could be problems. They recommend that shop operators take reasonable steps not to accept leaded products for consignment. There is a very cheap lead test kits that one can purchase at home depot and keeping a few kits on hand would not hurt.

Nevertheless my congressmen got upwards of 50 calls on this subject from concerned customers for the most part. I will be meeting with him next week. He will get the law ammended however it is my opinon the resale industry should support reasonable legislation when it is redrafted. I have not spoke or communicated with one shop operator that doesn't put childrens saftey concerns first. Some of the flea market trunk slammers may not have the same priorities.

The momentum should not be lost, however being a lawmaker myself sometimes you have to let the legislation evolve.

It's been a long week