No more reselling kids clothes???

[princesspwrhr]

These materials all do fall under the restrictions, the FAQ on the CPSIA website specifically says so. Public libraries are watching closely to see what form the new rulings take. Lots of colored inks still contain lead, so most of our existing collections would be at issue.

Would you mind helping me find this in the FAQ? I really want to believe you (especially since you have vaguely identified yourself as a library staff member who should obvioulsy be concerned if books are not exepmt), but there are some used book sellers and homeschool resales on some of my other lists that are as up in arms about it as the crafters and consignment sales. From one of the FAQ pages http://www.cpsc.gov/ABOUT/Cpsia/faq/101faq.html it says that books in general are not exempt

Does the new requirement for total lead on children's products apply to children's books, cassettes and CD's, printed game boards, posters and other printed goods used for children's education?
In general, yes. CPSIA defines children’s products as those products intended primarily for use by children 12 and under. Accordingly, these products would be subject to the lead limit for paint and surface coatings at 16 CFR part 1303 (and the 90 ppm lead paint limit effective August 14, 2009) as well as the new lead limits for children’s products containing lead (600 ppm lead limit effective February 10, 2009, and 300 ppm lead limit effective August 14, 2009). If the children’s products use printing inks or materials which actually become a part of the substrate, such as the pigment in a plastic article, or those materials which are actually bonded to the substrate, such as by electroplating or ceramic glazing, they would be excluded from the lead paint limit. However, these products are still considered to be lead containing products irrespective of whether such products are excluded from the lead paint limit and are subject to the lead limits for children’s products containing lead. For lead containing children’s products, CPSIA specifically provides that paint, coatings, or electroplating may not be considered a barrier that would render lead in the substrate inaccessible to a child.


TIA

 

[NotUrsula]

Would you mind helping me find this in the FAQ? I really want to believe you (especially since you have vaguely identified yourself as a library staff member who should obvioulsy be concerned if books are not exepmt), but there are some used book sellers and homeschool resales on some of my other lists that are as up in arms about it as the crafters and consignment sales. From one of the FAQ pages http://www.cpsc.gov/ABOUT/Cpsia/faq/101faq.html it says that books in general are not exempt

TIA

I'm a little confused. You quoted the FAQ section that I was referring to, so obviously you didn't need any help finding it. By quoting it, you confirmed my assertion. I did not say that these items would be exempt, I said that at least as of yesterday (1/7/09) they ARE subject to the testing requirements.

Children sometimes chew books and even eat pieces of them, so it makes sense that lead content would be a concern, and it makes perfect sense to enforce the new lead limits in new print runs. However, whether or not the level of risk warrants tossing away collections worth millions of dollars that were purchased with public money is another question entirely, and most librarians would say absolutely not. (Not that anyone seriously believes that the law calls for that in the case of libraries, but obviously, we want clarification as much as every other affected market segment does.)

Public libraries don't sell books as a general rule, (or at least not children's books), except for during things like Friends sales, so they are not immediately subject to the testing requirements applicable to sellers. (However, they lend them out to children every day, so it is logical that they could conceivably be seen as some kind of vendor.) Beyond that, though, the situation immediately affects libraries most from a purchasing POV. Mandated unit testing by publishers would raise the cost of children's books and media, which means that acquisitions costs would rise much more than anticipated.

FTR, I am not personally immediately concerned with this on a professional level because I do not currently work in a facility that serves children. However, I'm still a librarian, and it is still an issue that affects my profession, so I pay attention.

 

[sylvenmaid]

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

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 that 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.

The agency intends to focus its enforcement efforts on products of greatest risk and largest exposure. 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.

 

[wlwilliams9]

I received an email from Once Upon A Child about this and they sent along this attachment for consumers to send to their congressperson:

(Insert date)

Honorable (Insert name of Senator/Representative)
(Address of Senator/Representative)

Dear Senator/Representative (last name):

I am writing to ask your immediate assistance to deal with an urgent problem relating to the Consumer Product Safety Improvement Act of 2008 (CPSIA). The CPSIA legislation was an important contribution in efforts to strengthen product safety laws to make sure only safe and compliant children’s products are sold. While well-intentioned, if the CPSIA goes into effect unaltered on February 10, 2009, it will force a variety of negative effects on the environment, small businesses and consumers.

As you know, the August 14, 2008 legislation included a new ban on lead in children's products. According to the CPSIA, the new lead requirements take effect beginning February 10, 2009. However, the Consumer Product Safety Commission (CPSC) has determined that this new requirement will apply to goods in inventory, as well as goods made on or after that effective date. This ruling effectively makes this new lead requirement retroactive. This means that product that was produced several months ago, and which is safe and legally compliant today, will not be able to be sold starting February 10.

I am a very concerned parent and it distresses me that a law with such great intention has the capability of having such a negative impact. Resale organizations such as Once Upon A Child®, provide me an opportunity to take my child’s outgrown items & sell it or trade it for items that I need to take care of my family. Organizations like this are on the forefront of the recycle movement and are exactly what every consumer who has children to care for in this current economy needs.

With the retroactive ruling on the lead standard, I may be unable to purchase quality, gently used items at my local resale store. You are forcing me to throw away all of my items for my children & purchase new items. If I don’t, how can I ensure that I am protecting my children? How am I going to be able to financially care for my family in the same way in this current economy? With the amount of product that may end up in landfills, there will be an unimaginable effect on the environment.

It does not appear that the impact to the secondary market was considered. It could not have been Congress’ intent to destroy all resale businesses associated with children’s products and have such disregard for the environment. With the current state of the economy, the resale industry provides an affordable alternative for people to provide for their children and provides the best outlet for recycling items that are still safe and very useful.

I respectfully request your help ensuring that the CPSC institute rulemaking to clearly define the scope and applicability of the new lead regulations and testing requirements product designated for children 12 & under. I also urge that the CPSC announce and implement an orderly enforcement schedule that focuses initial phases on education of these new requirements. Finally, I believe the decision by the CPSC to apply the lead ban retroactively needs to be reconsidered as soon as possible since the practical impact of this decision, in today's economic environment, will have an adverse effect at a time the government is spending billions to stimulate the economy.


Thank you for considering my views on this urgent matter.

Sincerely,


Name
Address
email

 

[monicastanner]

Everything mainly being discussed here will be fine. Consignment stores & sales, yard sales, etc... We'll be fine.

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

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 that 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.

The agency intends to focus its enforcement efforts on products of greatest risk and largest exposure. 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.

 

[princesspwrhr]

I'm a little confused. You quoted the FAQ section that I was referring to, so obviously you didn't need any help finding it. By quoting it, you confirmed my assertion. I did not say that these items would be exempt, I said that at least as of yesterday (1/7/09) they ARE subject to the testing requirements.

.

Sorry - I think I read your first post to fast and read that books WERE exempt. Multi tasking at its worst.

 

[ofhs93]

At least one Congressmen seems to have gotten the message:

http://www.timesleader.com/news/Agency_gives_shops_reprieve_on_some_items_01-08-2009.html

“Congressman (Christopher) Carney is aware of the issue and will be working with congressional leaders and the Consumer Product Safety Commission to see that it is addressed. This legislation was designed to protect our children, but an overbroad interpretation can adversely impact our local businesses, and we need to see that corrected,” said Rebecca Gale, Carney’s spokeswoman.

Hurrahhh! My Congressman actually did something usefull and constructive. Who'd a thunk it? (He actually seems about as likeable and normal as a Congressman can be to be honest. Of course he is only in his 2nd term...so I'm sure that will change rather quickly ...oops...I mentioned the words honest and Congressman in the same sentence.....I'm in trouble now aren't I?)

 

[DMRick]

The update on used clothing (yeah! for those with used clothes to sell and buy) is posted. It's at the top of the link page. I just hope they go further with paper goods.

 

[TaraPA]

OMG what will the Duggars do?!?!?!

 

[cheermom1]

The update on used clothing (yeah! for those with used clothes to sell and buy) is posted. It's at the top of the link page. I just hope they go further with paper goods.

were is the update? thanks

 

[christyhud]

were is the update? thanks

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

As I work in the consignment industry, I am soooo grateful!!

 

[Lovin' Disney]

OK....so resale of clothes, books, toys, etc. is ok as long as the item isn't on the CPSIA website listed as being recalled. Yard sales/consignment shops are ok again! No more black market talk!

However, those who manufacture children's items as a hobby/home job, they are still facing having to test their homemade items to prove they are not over the lead limit.

Is this correct?

 

[CobraBubbles]

Well that's good about re-sale, too bad they didn't give any good news to the crafters...

 

[Blondiex46]

so without reading all that, lol (ADD) does it mean that we can still buy and sell?

 

[flying_babyb]

yes add here too

 

[Vickie46]

so can we still buy used clothing on ebay?

 

[famofsix]

OMG what will the Duggars do?!?!?!

actually I think they make their own clothing

 

[flying_babyb]

they make some but they buy some used too.

 

[mommyof2princesses]

I was just coming on here to tell everyone that we can resell our stuff! See someone beat me too it. I help with a huge consignment sale in Charlotte and just received an email that our salewill go on. Thank goodness!

 

[cheermom1]

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

As I work in the consignment industry, I am soooo grateful!!

thank you