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Resale Shops May Be Hit By New Federal Law
Categories: In The News
As of Feb. 10, some parts of the Consumer Product Safety Improvement Act will take effect. The law requires, among other things, that all clothing sold to kids 12 and under be tested for lead.
Lawmakers enacted the statute after a slew of imported toys (thanks, China!) containing dangerous levels of lead and lead-based paint hit the consumer market last year. What followed was a series of recalls and outrage among parents. Late in 2008, the federal Consumer Product Safety Commission decided CPSiA would apply to existing merchandise as well as that yet to be produced.
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So not only does Mattel have to test for lead, so do the folks who sell stuff on eBay, small-business owners who handcraft good for kids -- and consignment shops that cater to children.
Considering the economy, many people are relying heavily on resale shops -- this law could even affect organizations like the Salvation Army and Goodwill. Because those charitable agencies? They cannot afford the kind of lead testing that this law will require.
I was never a big fan of buying used clothes for my kids, or selling their old duds. But when my husband and I both quit our traditional jobs to pursue careers in the arts ... well, we had to make some changes. I now net about $50 to $60 a month selling the kids' old stuff, and I sometimes use that money to buy clothes from the shop where I sell it. And my sister was forced to shut down her business handcrafting and selling children's goods and clothing.
This is a perfect example of government, while trying to protect the consumer, making life a lot harder for all of us.
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Reader Comments (Page 1 of 1)
LS 1-08-2009 @ 4:14PM
This makes perfect sense, given the modern "common sense approach" that our government takes to all things.
We tax our businesses so hard that they must outsource to cheaper, less taxed countries, like China.
Then we import our goods BACK from China.
THEN we discover that, because of China's significant difference in regulations (or lack thereof), many of the products are tainted with toxic chemicals.
So we "solve" the problem by making the retailers test every product on their shelves, rather than making it more affordable for the manufacturers to produce the goods on our own shores, where the regulations are under our control. (Or coming down on China to change their manufacturing processes, OR stiffening the regulations on products coming into the country in the first place)
All this, on the heels of controversy earlier this year, and late last, when farmers, meat producers and politicians alike complained loudly about 'point of origin' labeling on meat, and completely rejected traceable labels and documentation to avoid Mad Cow Disease.
Wait... they rejected the tracing of the meat because it would be too complicated.... so now toy retailers have to come up with a system to trace toys, because THAT'S SO MUCH EASIER!!!!
Yep.
Your tax dollars at work, folks.
And, just for the record.... it's not just clothes. It's all toys, clothing, books... pretty much ANY PRODUCT aimed at children aged 12 and under.
Reply
ninainindia 1-08-2009 @ 8:18PM
China didn't import those goods into the US, American companies did. They import, China just exports. The importer needs to install good quality control. Especially with goods coming from China and other developing countries because standards are different there and we know that. That's why we buy from there, because it's so cheap.
Reply
LS 1-08-2009 @ 9:50PM
You're right, companies should have stricter rules about what goes into their products.
That still doesn't excuse this sledgehammer approach to a ball-peen problem.
First off, this whole problem could have been avoided - AND our current recession be a lot less - if one thing happened: reduce the massive taxes and ridiculous regulations on corporations, which cause them to ship jobs offshore in the first place. But that isn't going to happen because it's "in" to lay blame for everything at the feet of "big business".
Second, this ruling is a massive overreaction to a relatively small problem. Yes, I know that lead isn't good for kids. But honestly, how many of those toys that were involved in the recalls were "eating" toys? We're talking trains, doll clothing, drums, tv's, and all kinds of other large-ish toys. It seemed, at the height of it, that we were on a merry witch hunt, rather than allowing common sense to rule the day.
Which, unfortunately, seems to be the rule of thumb for our government, anymore.
ninainindia 1-08-2009 @ 10:40PM
Yes I agree that this new regulation is over the top and that we should look closer at what we can do in our own countries. Production will move our of China eventually because it will get too expensive and than they will go to even less developed countries and the problem will be just grow bigger again.
Like you I agree that the panic over lead paint is out of proportion. I mean there was a todler toilet removed from stores because the winnie the pooh picture on the back had some lead paint!
Bridget 1-08-2009 @ 9:19PM
Right about the time you posted this, a press release appeared on the CPSC website clarifying that resale and consignment are not included in the retroactive application of HR 4040 - CSPIA.
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html
Reply
LS 1-08-2009 @ 9:36PM
From the CPSC website, the paragraph that clarifies the rule for thrift shops and the like:
"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. "
What that means is.... "go ahead and sell the old stuff. But if any of it has any level of the banned substances, you will face the consequences."
I don't think any thrift/resale shops are going to want to face those consequences, which are said to be in the neighborhood of $100,000.00 PER INCIDENT. Would YOU want to take the chance that something you thought was ok, really is?
I wouldn't. Not in this lawsuit happy atmosphere. And not with all the government love over "zero tolerance" laws. No thank you.
Lara 1-09-2009 @ 11:00AM
Contact your congressman/woman to voice your opposition. Follow this link!
http://www.rallycongress.com/make-second-hand-kids-clothes-legal-/
Reply
Kate 1-28-2009 @ 10:00PM
There's no MAYBE about it. Your local resale shop, and its consignors and sellers, become CRIMINALS Tuesday morning, February 10, unless YOU can help persuade the ONE PERSON in the world who can send this ill-written law back to be re-done. Here's background: http://auntiekate.wordpress.com/2009/01/13/going-to-prison-the-crime-recycling/ and http://auntiekate.wordpress.com/2009/01/14/the-government-declares-you-a-criminal-on-tuesday-feb-10/
and here's who you can call today: Henry A. Waxman. He's the chairman of the committee that can recall this law. He has STEADFASTLY REFUSED to call a meeting, acting like the public, the companies, and even his fellow travelers in Congress have NO SWAY over him. He's the Rep (Ca, Democrat) and his phone # is (202) 225-3976
Only Waxman stands between resale shopkeepers (over 10,000 of them), their staffs, their consignors and sellers (500,000 or MORE) becoming CRIMINALS because one man refuses to admit that perhaps he was a bit hasty in his actions. The arrogance appalls me. I hope it does you. Call him. (202) 225-3976. Today.
Please. Don't deliver our country to our enemies. And thank you.