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Too important not to know IF you sell ANYTHING -Please read
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GuadalupeForgeWroughtIron



Posts: 173

PostPosted: Thu Jan 08, 2009 4:15 pm    Post subject: Reply with quote

Quote:
Couldn't you just put a disclaimer on your products saying "not intended for anyone younger than 12?". And putting warning labels on the products?
I've seen that idea discussed elsewhere, but folks say it won't work, because the FAQ section on the Act states:

Quote:
A childrens product means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered:

* A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.
* Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.
* Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
* The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.

In other words, any item commonly recognized by people as a child's product would be covered, no matter how it's labeled.

Ballroom jewelry's post is really good news though...even if the wording on the "clarification" is muddy, at least the mud is moving in the right direction. Wink Maybe future guidelines will inject more common sense.
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SUPERPLUSHNSTUFF



Posts: 1542

PostPosted: Thu Jan 08, 2009 4:27 pm    Post subject: Reply with quote

Hi all,
I spoke with my sales rep this morning about this issue. I sell new Gund toys and childrens items. I was assured that all their products meet and exceed the new requirements. Their company had a sales meeting and this topic was regarded as not impacting them or their retailers. The same reassurance came from Ganz.

I only sell new items so I am hoping this is true. I do feel for those selling vintage or collectibles. As always, government never really explores implications of laws passed until the !@#4 hits the fan. F-ing morons run this country.

I hope many have their input and voices heard on this issue! In the meantime I caution against panic. Anybody with a brain can see this a law painted with much to big a brush.

Terry
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bigtallmensclothing
moderator


Posts: 21854

PostPosted: Thu Jan 08, 2009 4:55 pm    Post subject: Reply with quote

Quote:
I spoke with my sales rep this morning about this issue. I sell new Gund toys and childrens items. I was assured that all their products meet and exceed the new requirements. Their company had a sales meeting and this topic was regarded as not impacting them or their retailers. The same reassurance came from Ganz.

Manufactures are NOT the ones required to have the testing - it's the sellers!
LEGO for example at this time does not have certification - look at their site and read it for yourself.

IF you manufacture is suppling the certifications on every item - great thing for you - otherwise it is your responsiblility. Don't forget this includes ALL your inventory - new and old.
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bigtallmensclothing
moderator


Posts: 21854

PostPosted: Thu Jan 08, 2009 5:00 pm    Post subject: Reply with quote

pranksrs wrote:
Couldn't you just put a disclaimer on your products saying "not intended for anyone younger than 12?". And putting warning labels on the products?

ONLY if that item is NOT intended for use by someoen 12 or younger. A toy that says for ages 3+ or a toddler clothing size -- well you can't put such a warnign on it.





The BIGGEST problem is the passed law was written so it is open ended - meaning that the group that wrote it has the right to change it as they see fit. This law is changing daily --- sometimes for the better for sellers --- other times for the worse. BUT no one can gasp it because it doesn't stop moving!
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pranksrs



Posts: 12

PostPosted: Thu Jan 08, 2009 5:18 pm    Post subject: Reply with quote

BigTallMensClothing wrote:
pranksrs wrote:
Couldn't you just put a disclaimer on your products saying "not intended for anyone younger than 12?". And putting warning labels on the products?

ONLY if that item is NOT intended for use by someone 12 or younger. A toy that says for ages 3+ or a toddler clothing size -- well you can't put such a warning on it.





The BIGGEST problem is the passed law was written so it is open ended - meaning that the group that wrote it has the right to change it as they see fit. This law is changing daily --- sometimes for the better for sellers --- other times for the worse. BUT no one can gasp it because it doesn't stop moving!


So I guess your saying if that when you bought it and it has the warning label on it from the manufacturer than it's safe to sell still?
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GuadalupeForgeWroughtIron



Posts: 173

PostPosted: Thu Jan 08, 2009 6:51 pm    Post subject: Reply with quote

1733Shoppe posted:
Quote:
Are these two statements contradicting(sp) each other???

"Under the new law, childrens 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 new safety law does not require resellers to test childrens products in inventory for compliance with the lead limit before they are sold."

and does this "However, resellers cannot sell childrens 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." mean Good Will and Sal Army and the like are going to have to still pitch and/or test what they have now?


I found an article with comments from a CPSC director. Looks like this may be as clear as they intend to get, regarding what sounds like a contradiction:

Quote:
"This law does not close their [resale store] doors," said Julie Vallese, Director of Public Affairs for the CPSC.

"Used resale items are different than retail products, under the law," said Vallese. "The new law does not require resale stores to test products."

Also, under the law, Vallese says resale stores "do not have to carry certification from a third party testing lab."

However, she says, "Those retailers [resale store owners] cannot sell products that do not meet new lead requirements."

While it sounds like a double-edged sword, the CPSC says, for resale stores, it is all about confidence. "If you are a shop owner, you need to feel confident what you are selling is compliant with the law. If you are unsure about a product, don't sell it," said Vallese.


Entire article here:
http://www.tampabays10.com/news/local/story.aspx?storyid=97558
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theswordguys



Posts: 91

PostPosted: Thu Jan 08, 2009 7:11 pm    Post subject: Reply with quote

considering that I sell items such as swords which require you to be at least 18 years of age this shouldn't affect me right? I'm pretty sure I'd be in trouble already if I was trying to sell weapons (even for decorative purposes) to children.
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1733Shoppe



Posts: 109

PostPosted: Thu Jan 08, 2009 8:11 pm    Post subject: Reply with quote

GuadalupeForgeWroughtIron wrote:
1733Shoppe posted:
Quote:
Are these two statements contradicting(sp) each other???


I found an article with comments from a CPSC director. Looks like this may be as clear as they intend to get, regarding what sounds like a contradiction:

Quote:
"This law does not close their [resale store] doors," said Julie Vallese, Director of Public Affairs for the CPSC.

While it sounds like a double-edged sword, the CPSC says, for resale stores, it is all about confidence. "If you are a shop owner, you need to feel confident what you are selling is compliant with the law. If you are unsure about a product, don't sell it," said Vallese.


Per the CPSC Vallese resigned yesterday, so I'm not willing to take anything she said to the bank.
Link here: http://cpsc.gov/cpscpub/prerel/prhtml09/09085.html

On a brighter side: etsy link: http://www.etsy.com/forums_thread.php?thread_id=5987456

and also: http://www.etsy.com/forums_thread.php?thread_id=5988273

Sooooo maybe progress is being made!! Dare we hope!?!
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1733Shoppe



Posts: 109

PostPosted: Fri Jan 09, 2009 9:32 am    Post subject: Reply with quote

I'm going to start working on getting certifications from yarn and thread manufacturers. I will post those that are helpful and cooperative when I have info.

edited for spelling
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MaggietheCatsMeows



Posts: 2797

PostPosted: Fri Jan 09, 2009 3:43 pm    Post subject: Reply with quote

Please read this article posted by Auction Bytes. It makes everything a lot clearer. I had a feeling sellers were a bit over reacting to this and this makes me think I was right.

http://www.auctionbytes.com/cab/abn/y09/m01/i09/s02

Looks like most sellers of vintage will be okay as long as you aren't selling things that obviously look dangerous or toys/equipment that have been recalled.
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bigtallmensclothing
moderator


Posts: 21854

PostPosted: Fri Jan 09, 2009 4:02 pm    Post subject: Reply with quote

MaggietheCatsMeows wrote:
Please read this article posted by Auction Bytes. It makes everything a lot clearer. I had a feeling sellers were a bit over reacting to this and this makes me think I was right.

http://www.auctionbytes.com/cab/abn/y09/m01/i09/s02

Looks like most sellers of vintage will be okay as long as you aren't selling things that obviously look dangerous or toys/equipment that have been recalled.


IT IS NOT that anyone has been over reacting
IT that the law has been changing daily!
That's what happens when they pass a bill that allows the sponsoring group to change it as needed.
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1733Shoppe



Posts: 109

PostPosted: Fri Jan 09, 2009 4:22 pm    Post subject: Reply with quote

You know what Maggie?
I was just trying to help inform sellers here on ecrater.....I am not overreacting. Interpret the law anyway you wish.

I will wait and reread all 62 pages of the law on Feb 10. (hopefully with all of it's ammendments and exemptions) and move on from there.
You have a great day.
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GuadalupeForgeWroughtIron



Posts: 173

PostPosted: Fri Jan 09, 2009 11:29 pm    Post subject: Reply with quote

Quote:
I had a feeling sellers were a bit over reacting to this and this makes me think I was right.

The thing is, this new law creates ripples through many different industries. This latest "clarification" by the CPSC only helps clarify things for resellers. While this will be a big help (I hope!) to sellers of vintage items on eCrater, the folks who manufacture or make handcrafted items for kids under 12 are a long way from being out of the woods.

As BigTall says, it's going to keep changing. Looks like they'll enter a period of voting and redefining of the law, hopefully responding to some of the associations and individuals who are contacting them. There's discussion of exempting items made from cotton or wool (perhaps only undyed), silk, and gemstones. Handcrafted toymakers need to have wood exempted, but the issue seems to be paints and finishes. I'm not following every bit of it from day to day, but I think it's still a very bumpy road for large or small businesses who make their own products.

None of this affects the items we make personally, but we've made our living as craftspeople for too long to not have concern for those who are affected. Bad news at a bad time. Keep your fingers crossed! Wink
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hk7bead



Posts: 10

PostPosted: Sat Jan 10, 2009 7:48 am    Post subject: hk7bead Reply with quote

Whew!
I have to say that my original "flippant" attitude of opening a store is changing rapidly. I just took a pair of girls' jeans off the store; I'm looking into getting a tax number; I'm not making enough for an accountant! I keep scrutinizing the site and reading blogs!

Thank goodness for all the good advice. Finding it before I make the mistake seems to be the thing. I'm wondering if I should shut down before I get the tax number - I'm not charging tax yet because I'm not selling enough to report. May rethink that!
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peacockbookzone



Posts: 17

PostPosted: Sat Jan 10, 2009 3:50 pm    Post subject: CPSC Deadline Reply with quote

I found this update on www.clothdiaperblog.com :

But what of products made before February 10th?

The new safety law does not require resellers to test childrens products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell childrens 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.

Isnt that just like the government? I translate this to mean they do not have the manpower (a.k.a. PO-lice) to make sure that all resellers comply with testing, but they want to cover their butt should any child die of lead poisoning from a product purchased from a reseller.

In other words, Do what you want, but we will take you for everything you have if you sell a product that doesnt meet the new lead requirements and something happens.
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