A new federal law is raising concerns and questions across the United States. On February 10, 2009 it will be illegal to re-sell any used children’s products including toys and clothing. That is according to the U.S. Consumer Protection & Safety Commission who pushed for the new laws after dozens of toys were recalled in 2008 because of lead concerns.
Toys, clothing and other items used by children under 12 will be subjected to lead testing and will have to have labels on them to prove that they have passed inspection. What is raising the ire of parents and business owners far and wide is what this will mean to clothing, toys and other children products made before February 10, 2009. Gary Walthall, the owner of Once upon a Child, a resale shop specializing in children’s clothing and other items, is afraid that he’ll have to close up shop.
Adding to the confusion and frustration is the fact that the U.S. Consumer Products and Safety Commission is not returning calls or e-mails to the countless re-salers and even journalists who have tried in vain to get clarification on what the law means to garage sales and how it will be enforced.
New law restricts re-sale of kid's products | News for Austin, Texas | KVUE.com | Top Stories
UPDATED STORY:
Some clarifications have been made.
Update To Toy Resales Ban
So...no more going to ebay for toys? More specifically, older toys? Please don't tell me that's what that means.
That's going to hurt alot of people for sure. Sad day really, especially for the collectors.
I'm glad I collect MISB/MOSC!
What the hell is this going to do to Ebay??????
No mention of what the law is actually called/codified as? That's some good journalisating there, Lou.
All that would have to be done to get around this would be to put a sticker on said items specifying the product is intended for the use of those 13+. Maybe we'll start to get carded when we buy Joe figs at Target, now.
Well while I understand the motivation of this, I have to say that this is just excessive.
I read over at TFW2005 that this law only applies to toys that were recalled in the past, for example if you have one of those CARS toys that were recalled because of lead paint, you can't resell it.
How am I supposed to complete my Super Powers figure collection now!!!!!!
Completely Unenforceable............
if it were true to the letter though, Ebay is pretty bad about enforcing the lamest of rules/laws
I started a thread a few weeks back on the SSMHQ on this crappy subject and law.......One thing I did contact some people about this law and there might be a loop hole...as long as the items are being sold to adult collectors on ebay with some sort of disclaimer....
Its not just toys that had lead paint issues but all toys in general for resale to children under the age of 12.
So our classic toys now become adult toys............
CPSIA - Google News
CPSIA and tracking label requirements
Fashion Incubator Blog Archive CPSIA and tracking label requirements
CPSIA: How to move forward, coping with crisis
Fashion Incubator Blog Archive CPSIA: How to move forward, coping with crisis
Good News! CPSIA request for comments
Fashion Incubator Blog Archive Good News! CPSIA request for comments
CPSIA & CPSC: Activism and what you can do
Fashion Incubator Blog Archive CPSIA & CPSC: Activism and what you can do
CPSIA Survey: The costs of a recall
Fashion Incubator Blog Archive CPSIA Survey: The costs of a recall
CPSIA and Small Manufacturers
Fashion Incubator Blog Archive CPSIA and Small Manufacturers
Fashion Incubator Blog Archive CPSIA: Losing credibility
CPSIA: Losing credibility
CPSIA: Confusion run amok
Fashion Incubator Blog Archive CPSIA: Confusion run amok
Thrifty parents, say 'bye-bye' to bargains thanks to CPSIA - WalletPop Blog
MyFox Colorado | New Law No Fun For Toy Makers
Until I hear more info about this action, I'm VERY glad I already have nearly all of the vintage toys I've ever wanted.
Its not just toys that had lead paint issues but all toys in general for resale to children under the age of 12.
*Lots of links*
So our classic toys now become adult toys............
I can see no problem on ebay, just put in an adult collectible section on ebay, that happens to sell us Adults our "kids" toys
This is going to affect people who make anything actually for kids, like, oh, say, Hasbro, as they need to pay for inspection, that means a cost increase inevitably.
Do not approve.
Hrm. The CPSC's website isn't clear to me whether date of manufacture matters:
This makes it seem like any children's product is fair game after 2/10/09:
Consumer Product Safety Improvement Act (CPSIA) Summary - Section 101. Children’s Products Containing Lead; Lead Paint Rule
The limits on the amount of lead in children’s products are phased in over the course of three years. By February 10, 2009, products designed or intended primarily for children 12 and younger may not contain more than 600 ppm of lead. Children’s products that contain more lead than 600 ppm are banned in the U.S. after February 10, 2009, and the sale of those products can result in significant civil and criminal liability. The statute provides that paint, coatings or electroplating may not be considered a barrier that would make the lead content of a product inaccessible to a child. After 1 year from enactment, or August 14, 2009, products designed or intended primarily for children 12 and younger cannot contain more than 300 ppm of lead. The limit goes down to 100 ppm after three years, or August 14, 2011, unless the Commission determines that it is not technologically feasible to have this lower limit.
Consumer Product Safety Improvement Act (CPSIA), FAQs For Section 101: Children’s Products Containing Lead; lead paint rule FAQs
- February 10, 2009 (general conformity certification required for products manufactured after that date)
300 ppm - children’s products may not contain more than 300 ppm of lead
- August 14, 2009 (third party testing and certification required for products manufactured after that date)
eBay already had this at the bottom of any toy listing for a while now...
Please note that the U.S. Product Safety Commission periodically issues toy recalls. Please review the CPSC website for specific details on all recalls issued and do not list items that are a part of any recall.
The media and government can't quite put their finger on why the economy is failing, and then they pass another piece of legislation like this that causes thousands of Americans to close up shop and hit the unemployment lines. Thanks Barrack Obama for placing your yes vote on this one.
http://cpsc.gov/about/cpsia/summaries/101brief.html
and this supplemental letter regarding retroactive application of the new law, I didn't see anything that explicitly stated it only applied to items that have been recalled due to excessive amounts of lead. Even the FAQ on their site does not state it applies only to recalled items.
From what I understand of the law, in general it applies to all products designed and manufactured with the intention that they are to be used by children 12 and under. However, since there is nothing explicitly stated regarding whether this can/will be applied retroactively, it is ambiguous at best.
Regardless, I think that the retroactive application of this law is, as Destro put it, "completely unenforceable." This expansion of the 1988 law as a whole seems to be a typical knee-jerk political overreaction to the lead paint recalls from last year and the subsequent ebay nonsense that followed.
http://cpsc.gov/about/cpsia/summaries/101brief.html
and this supplemental letter regarding retroactive application of the new law, I didn't see anything that explicitly stated it only applied to items that have been recalled due to excessive amounts of lead. Even the FAQ on their site does not state it applies only to recalled items.
From what I understand of the law, in general it applies to all products designed and manufactured with the intention that they are to be used by children 12 and under. However, since there is nothing explicitly stated regarding whether this can/will be applied retroactively, it is ambiguous at best.
Regardless, I think that the retroactive application of this law is, as Destro put it, "completely unenforceable." This expansion of the 1988 law as a whole seems to be a typical knee-jerk political overreaction to the lead paint recalls from last year and the subsequent ebay nonsense that followed.
But the only way to know if a toy does violate the standard, is to have it tested. This is why I think the "retroactive" aspect of the law, real or implied, will be virtually impossible to enforce.
Although it does make me want to test my 2-year-old's clothing for lead. o.O
Keep reading: Massive new toy re-sale law beginning Feb 10 *UPDATED* - Page 2
Not a member yet? Join The Toyark Now!