Do you buy and sell used children's items? If so, in USA it will be illegal!!!!
By nanajanet
@nanajanet (4436)
United States
January 8, 2009 11:29am CST
I am aghast!! From now on you will not be able to buy or sell used children's items or you will be breaking the law!!! This will put people out of business, hurt families who struggle with costs of children's items, put people out of work, Salvation Army and Goodwill will lose much of it's fundraising income, Ebay sales, etc. This even affects your yard sales!!!!
Not only that, landfills will be overcome with more trash. What are they thinking?!!!!!!!!!!!!! PLEASE PASS THIS ONTO EVERYONE!!!
Please read below and take action...
Help us fight the CPSIA Law!!
For those of you who haven't heard yet, there is a new law called the CPSIA (Consumer Products Safety Improvement Act) that goes into effect on February 10, 2009. The intent of this law is very good; it is intended to guard against elevated lead levels in children's toys. However, it appears that the law was very hastily conceived and ENDS YOUR RIGHTS TO SELL YOUR OWN USED CHILDRENS ITEMS! It will be illegal to sell ANY items made for kids (clothing, books, toys, baby items, etc) after Feb 10, 2008. IT WILL BE ILLEGAL FOR YOU TO SELL YOUR USED CHILDRENS ITEMS THROUGH CONSIGNMENT SHOPS, ON EBAY, ON CRAIGSLIST, OR EVEN AT YOUR OWN YARD SALE!! USED CHILDREN'S ITEMS WILL BE CONSIDERED A "HAZERDOUS SUBSTANCE" AND WILL BE REQUIRED TO BE PUT INTO A LANDFILL.
http://cosmos.bcst.yahoo.com/up/play...25842&src=news
Essentially, this law renders any children's product, that has not been specifically tested for lead, a "Federally Hazardous Substance" and illegal to sell. The law is written to apply "retroactively," which means that after Feb. 10, 2009 the selling of any used children's product that has not been specifically tested for lead will be a crime. This includes: consignment stores, thrift stores, ebay transactions, church yard sales, individual yard sales, even private individual transactions! It also affects all of you creative moms that have turned your handi-craft into a business by making bows, designing clothing, painting furniture, hand crafting toys and bibs.... none of these things can lawfully go to market without first absorbing the extreme expense of lead testing. You are free to sell these items if you have them tested -- but EACH item needs to be tested by a government approved third party which (they can run from $100 and up per item)
The law has already been passed - we are just hoping with enough people getting together we can get it amended!! If it is not amended, all Children's consignment shops and Children's yearly consignment sales will need to shut their doors on Feb 9th or be in violation of the law.
Here is a link where you can right to our leaders about getting this amended.
http://www.usa.gov/Contact/Elected.shtml
7 people like this
18 responses
@LadyMarissa (12148)
• United States
8 Jan 09
Your first link shows it does not exist. However, this is the craziest thing I have ever heard. We have a disabled lady here who collects all used children's items & sells them in a small shop. Whenever she hears of a poor family that has just had a new baby, she gives them infant clothing to help get them started. Some parents sell her the old baby items. Some just donate to her so she can get all the profit. This will greatly hurt her ability to survive as she is not on disability, but is unable to hold down a full-time job. With her little store, she could go in & work on the days she can. With practically the whole town knowing her, if anybody needs a particular item & she's closed, they just call her & she gets dressed & goes in & meets them. It breaks my heart to think of what will happen to her now.
1 person likes this
@nanajanet (4436)
• United States
9 Jan 09
Here is the corrected link...
http://cosmos.bcst.yahoo.com/up/player/popup/?rn=4226712&cl=11425842&src=news
I was just at an antique mall and there are some beautiful antique and vintage children's items. This affects probably porcelain dolls, antique children's furniture, toys, etc., that some people just buy for collections and not for toys!!
1 person likes this
@nanajanet (4436)
• United States
9 Jan 09
Check this out. I guess that they are rethinking some of it...
http://www.latimes.com/business/la-fi-lead7-2009jan07,0,6917858.story
1 person likes this
@LadyMarissa (12148)
• United States
9 Jan 09
Thanks for the link. I want to forward it on to ALL my friends. Some are real activists for this kind of thing. They just LOVE writing their Congressman/Senator!!!
@Paula1966 (1102)
• United States
9 Jan 09
Please check the CPSC website link provided above. The law does NOT apply to used items.
1 person likes this
@pyewacket (43903)
• United States
9 Jan 09
Wrong the law does imply used items..check this link
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia
@Paula1966 (1102)
• United States
9 Jan 09
Hi Pye,
The post you provided didn't have a date when the website had provided that info. The link I posted in comment 8 (the second one, I forgot a period on the first) was posted by the CPSP yesterday, 01/08/09, so it is fresh from the office of the agency that will enforce it. I still do not know how it will affect hand-crafted items, but it does change what the OP was worried about in t a positive way. :)
@KrauseHome (36445)
• United States
9 Jan 09
Personally I cannoy really see something like this coming to pass, and becoming Law, as then there will be more people and children having to go naked or wearing the same clothes until they literally will be in shreds, or walking by themselves. This is probably just a scare like when they said they were going to charge for each Email you send, etc. What does Snopes.com say about this one? Just my thoughts.
1 person likes this
@nanajanet (4436)
• United States
9 Jan 09
There is nothing on Snopes or other such sites that I have found but have found that it is listed as a law that is passed and will go into affect next month. I keep hoping that it is not true.
@ronaldinu (12422)
• Malta
10 Jan 09
I think that the law is far fetched here. I cannot find out what is the reason behind this law. I understand that there are certain laws to protect our children from playing with dangerous and hazardous toys and I do agree with it but extending it to clothes etc I think it is going too far.
(c) ronaldinu 2009 - the more people I meet-the more I love my dog
1 person likes this
@nanajanet (4436)
• United States
10 Jan 09
And that is why you love your dog more, because some people, especially many law-makers, do not use the brains that were given them.
@Paula1966 (1102)
• United States
9 Jan 09
Here is a link clarifying from the CPSC, who will be enforcing the law which states sellers of used items will not have to provide the certification.
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086html
It is showing a release date of today.
1 person likes this
@nanajanet (4436)
• United States
9 Jan 09
My friend just found this article...
http://www.latimes.com/business/la-fi-lead7-2009jan07,0,6917858.story
@Paula1966 (1102)
• United States
9 Jan 09
I will be glad when I can cut and paste... I forgot a period in the URL
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html
@KatieDidit (989)
• United States
9 Jan 09
Thanks so much for the information and the links.
We all want to protect our children but this goes way too far.
We're in a recession and we're still sliding towards a depression. This act isn't just inconvenient it's potentially catastophic.
Thousands of business will close. Many thousands more people will be unemployed and have to compete for even fewer jobs.
More people than ever will NEED to buy second hand for their children and won't be able to. We're talking basic necessities even.
It boggles the mind sometimes just how ignorant congress can be!
1 person likes this
@nanajanet (4436)
• United States
9 Jan 09
There was an update released yesterday and it may be a good thing. Please go to Released today at http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html
@KatieDidit (989)
• United States
10 Jan 09
Thanks for the link to the update. It is so much more reasonable.
@diansinta (7544)
• Indonesia
15 Jan 09
That is syocking! the new rules,
How about trading? trade used children's items into something we need like food or sugar of coffee? is it ilegal?
May be it will give us an alternative of needs?
I would trade those used children's items, with Indonesian Coffee : kopi Luwak, hows that?
*hugs from Bali island.
@poppoppop111 (5731)
• Canada
8 Jan 09
this kind of annoys me beacause how is throwing everything away now in stead of reselling it going to be good for the environment. this is crazy
1 person likes this
@nanajanet (4436)
• United States
9 Jan 09
If this is enforced, this will hurt the economy. Flea markets, antique shops, parents who struggle to pay for things for the kids and sell off their items.
It is SOOO easy to look up an item on line to insure it is not recalled. Before I sell things like carriages, car seats, etc., for my daughter, there are websites to look up if there are problems or recalls on items.
Before I buy anything used, I also look it up. I just got a free booster seat for my granddaughter and before I even thought of using it, I checked it on line to make sure it is okay.
If the government has a site where people selling and buying items can look them up, that should alleviate most problems.
@carolscash (9491)
• United States
9 Jan 09
I don't see how this will ever be a law that they will enforce. How can they close the doors to so many business' at one time? Ebay will go bankrupt as kids' clothes are some of the best selling items on ebay. This will effect our homeschooled kids as well as the curriculum will not be available that is available now. I buy many used items and I for one will be contacting everyone that I can to keep this from being an issue.
@nanajanet (4436)
• United States
9 Jan 09
Read this article from the LA Times.
http://www.latimes.com/business/la-fi-lead7-2009jan07,0,6917858.story
@pyewacket (43903)
• United States
9 Jan 09
To put it mildly nanajet, this sucks big time...I was reading more into this, and it seems not only used children's clothing will be affected but reselling used books...WTF??? I also further read that many craftspeople (such as myself) may be affected that sell items that might pass as "children's" items that don't have that safety certificate.
You better believe I'm writing to my representatives like crazy, in fact here is the email letter I just sent to one of my senators just now...
Anyone who wants to use it may...
[i]I have only just now become aware of the CPSIA (Consumer Products Safety Improvement Act) that was recently passed and that will become effective February 10, 2009. While I realize that a better regulation of children's products are necessary, especially toys made in China that may have lead paint, the idea of banning the sale or buying of ALL products made for the intent of children, not only toys, but clothing, books and so forth, could have a devastating blow to those organizations that sell used children's items, such as Goodwill, Salvation Army, Consignment Shops, websites such as Ebay, Etsy, Craigslist, and so forth. Even the sale of such children's items at yard sales will now be banned and considered illegal.
With the economy the way it is, many people rely on buying used children's products as they would not otherwise be able to afford full priced new items for their children. Such a law could also be devastating to craftspeople, who either work at home or have a full-fledged business whether owning a shop or sell their items on-line in fear that they too might be selling items that might fall under the CPSIA Law.
I understand, that in order to make any product for sale that is considered a used item for children would have to be tested but at a staggeringly high fee per item. Any product without the safety label is to then be thrown out. How is going to help the environment, when suddenly more items are trashed filing up our landfills when we're all supposed to be making conscious efforts to "go green" and recycle?
I therefore think a serious reconsideration and an amendment should be given to this Law, otherwise an awful lot of organizations and people will not be only out of work, but will prove to be a hardship for parents who in this tough economic time are trying to save money by buying used children's products simply because they can't afford new items.
Thank you for your consideration in this matter.[/i]
Okay...back to sending this letter to more people..hey,...maybe we should email our newly elected President??? He'll be in term as President by then
@nanajanet (4436)
• United States
9 Jan 09
I like the letter. Save this link as it is to help you contact USA officials.
http://www.usa.gov/Contact/Elected.shtml
@MisterPlus (1915)
• Philippines
9 Jan 09
The Law has good intentions. You are lucky to have officials on guard for your country men. It is very unlikely of my own country. We don't have protections as good yours.
Abide the Law. It is for your own good and the generations to come.
@nanajanet (4436)
• United States
9 Jan 09
I agree that it is good but they do not always take into account certain situations. If these items are not sold here in the first place, as new, then if they are sold used, they will be safe.
Items made in the USA are safe, it is when they come from places like China (the biggest offender), that we have problems. I say that until offending countries straighten out their act, they should not be able to export to our country.
@sid556 (30953)
• United States
9 Jan 09
This is just craziness. What prompted this? I mean we have been selling used items for years and years and I've never heard any problems. Furthermore, if it a used item then wouldn't it have already passed the test before being sold to begin with? This has to be for things manufactured after the law goes into effect. They can't possibly expect all the stores to bear this cost! As for homemade things, I'm thinking that all the materials would have to have been tested for you to buy so that would make it legal to use the materials.
@pixelgroups (52)
• India
18 Jan 09
it s good tht united states of America made such an act illegal because I personally think that we should never do such a thing when parenting our child. Children's hour very delicate and very sensitive. Their well-being is over responsibility and be compromise on that then we are actually fooling ourselves in. They can get infected with the newest products and that can be very dangerous for them. The resistance power is not as strong as ours which we developed with time. So it is our duty is to see that we do not harm them who with any products which we why to use on them. Even that is the reason companies are graded more especially so that they can make the BSF products which can be used for the daily propers like soaps and shampoos. We don't go one by any normal soap from the market and use it on your baby.
@DonnaLawson (4032)
• United States
9 Jan 09
That is about the most ridiculous thing that I have ever heard.. If there is any lead in any used item, it should have been stopped before being sold the first time.. Do these idiots not know that the ones selling these items in the first place should make sure there is no lead in them.. I believe they can pass laws like this all day long but it will not stop people from doing this anyway.. Children grow out of their clothes too quickly and parents can get very good clothing at good prices from a yard sale or a thrift store.. I don't think it will stop no matter how many laws they pass.. Lead should not be in the item in the first place, that is their job to make sure that it isn't..
@salonga (27775)
• Philippines
9 Jan 09
Whoever enacted and approved this law are not thinking. I don't find anything wrong with buying and selling used children items. For goodness sake I believe this law should be repealed. What is wrong with converting to cash the used items of our children so we could be able to use the cash for our need at home. What is also wrong with buying used items of children if I could save some money while making my child happy. I mean somebody's trash could be treasure to some. There are those who have outgrown their toys and other belongings and I find nothing wrong should they sell those at cheaper price. It is like earning while helping others. I can't understand why your legislators did not think of the benefits they have deprived their citizens with. I'm glad I do not live in America.
@rantingqueen (495)
• United States
8 Jan 09
This law endangers everyone in the United States. It appears that the aftershocks from this earthquake were not considered at all. It not only affects every person who sells gently used items, but also America's small home crafters, such as people who make clothing, candles, hand made soaps and more.
eBay will be affected to the point of financial devastation as they face the loss of income from many sellers who make these items in their homes. If eBay is affected, PayPal will also face the pain, as eBay owns PayPal, and many sellers utilize PayPal as their way of securing payment for their wares.
Our children will be affected by parents who can no longer stay at home with them, while producing items that they sell to bring in an income. Large companies such as Red Heart will be affected by the loss of sales from those crafters who purchase their product to use in their crafted items.
Small organizations such as churches and firehouses will be affected, as they use flea markets and craft shows as fund raisers several times a year. They will no longer be able to host those fund raisers, nor sell their spots/tables for 10-30 bucks a shot.
And I am sure I am missing a ton of small waves in between. Think about it...what is next? This will affect Farmer's Markets as well, because our farmers not only sell their produce but many also sell their homemade goods such as food, quilts and more.
It behooves all of us to post about this topic in other places besides MyLot.
@gamingworld (577)
• United States
9 Jan 09
That would make me angry. What about garag/yard sales? If we cant sell it where do we put it? Throwing it all away into a landfill will ruin the environment. I can not believe why every right in the US has to be taken away from us. Illegal this illegal that....i think ill move to canada lol
