Comments on The Green Phone Booth: Sayonara Second Hand

Please, everyone, continue to contact your represe...

2009-01-13T21:09:00.000-08:00

Please, everyone, continue to contact your representatives and take action. Here's another post on the same topic.

Thanks for the much-needed update on the CSPIA mad...

2009-01-13T17:14:00.000-08:00

Thanks for the much-needed update on the CSPIA madness. With the economy in such a sad state, we need more flexible businesses, not less. Like I said before, I'm happy to see Congress focusing on product safety and toxins -- and I want indy crafters to pay attention to this issue, too. Just don't want the whole industry crushed in the process. My 2 favorite sources of consumer products (indy crafters + 2ndhand) can't go down in one fell swoop!

Resale is NOT PROTECTED. Read the law and opinion...

2009-01-11T20:58:00.000-08:00

Resale is NOT PROTECTED. Read the law and opinions. They can sell without testing, yes. However, if they sell something that is over the limit on lead, they can still be fined $100,000 and serve 5 years in jail on FELONY charges PER violation. Does that sound like the freedom to resale?

I hope, if sellers are truly going to landfill ite...

2009-01-11T17:36:00.000-08:00

I hope, if sellers are truly going to landfill items, that they pack them up and send them to Congress instead. Several thousand freight trucks loaded down with brand-new "trash" ought to send some kind of message.

i hope this ends up resolved in our favor, because...

2009-01-11T11:42:00.000-08:00

i hope this ends up resolved in our favor, because buying used is, in my opinion, the best way to recycle!

thanks for posting this. families in my homeschoo...

2009-01-10T12:55:00.000-08:00

thanks for posting this. families in my homeschool group are beside themselves... so many of us rely on second hand everything from clothing to school materials. many in the homeschool community face the prospect of losing their only source of income when this law goes into effect. by the letter of this law, if i make an adorable homemade blanket for my baby that's ok. if i make one to sell to my neighbor for her grandbaby and it hasn't been certified, i'm breaking the law. under this law, even books are subject to testing. so much for vintage children's books. they will now have to be sold as "not for use by children." the language of the law is ambiguous and contradictory. it's typical of the government's ability to ignore a problem and then swing so far in the opposite direction that they make a bad situation worse. my own representative's response to this was that "as a mother" she felt "bound to protect our children." how protected are they when their family's sole means of support is regulated out of existence?

I was happy to see the CPSC finally acknowledge th...

2009-01-10T08:42:00.000-08:00

I was happy to see the CPSC finally acknowledge the secondhand market pertaining to this law but not satisfied with the vagueness. I think they are trying to leave it up to the businesses to use common sense when reselling children's items. However, common sense isn't going to help when they could still be heavily fined. I've received no response from my state's lawmakers nor a local consumer reporter I contacted.
Maybe it's time to poke them with a stick. :)

Here's another article from yesterday indicating that resellers of children's items are still seeking clarificaton from the CSPC on this matter. This was only a press release and not a ruling. Action is still needed.

Per this article, thrift stores are NOT NECESSARILY SAFE. See last two paragraphs. Resale stores are now "exempt" but are still told to avoivd selling items that might have lead in them (in the language quoted by JAM as well). As a result, many stores will likely get out of the children resale business.
This means that there is still a need to contact your representative, sign the petition, etc to preserve the second hand market.

Moreover, as Kellie notes there have been no provisions for ebayers, Etsy sellers and small manufacturers of toys or children's clothing. This is still a very damaging law, will have huge implications on the greener industries of naturals toys, small business AND resellers. Everything is in flux right now so it is important to take action.

While the CPSC did recently (just within the last ...

2009-01-10T06:32:00.000-08:00

While the CPSC did recently (just within the last two days I believe) exempt resellers, I don't think any provisions have been made for crafters, ebay and etsy sellers yet. (For example, if an Etsy seller purchases fabric that hasn't been tested, then makes a child's dress out of it.) So keep those letters coming!

I just asked my husband (residential computer cons...

2009-01-10T05:55:00.000-08:00

I just asked my husband (residential computer consultant and fact checker about this and he sent me this, so I guess this is one thing we don't have to worry about after all:

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html (the same link that Tameson provided but I have included the full text here).

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 http://www.cpsc.gov/cpscpub/prerel/prerel.html)
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 http://www.cpsc.gov/about/cpsia/cpsia.html for more information.

Day late and a dollar short on this one...Used ite...

2009-01-10T05:30:00.000-08:00

Day late and a dollar short on this one...Used items are EXEMPT per your own link...

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

3rd paragraph.

Wow. I never buy anything second hand since where...

2009-01-10T05:29:00.000-08:00

Wow. I never buy anything second hand since where I live there aren't any stores, but I donate TONS of stuff to Vietnam Vets when my kids are done with things. I wonder if rummage sales and garage sales will evolve to be more like freecycle. And I sure would have liked to be able to score kids things used, since so many things are so expensive for such a short life. Sometimes I'm wishing I had a "do-over" on my life when I think back to all the things I've bought and gotten rid of, or wished I'd never bought in the first place.