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Too important not to know IF you sell ANYTHING -Please read
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bigtallmensclothing
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Posts: 21854

PostPosted: Sun Jan 04, 2009 8:58 pm    Post subject: Too important not to know IF you sell ANYTHING -Please read Reply with quote

YES, I know there is a topic in eCRATER sellers only titled CPSC deadline on Feb 10th, 2009 but since this topic effects every single seller I felt it was important to share with everyone even those that are not a member of the ecrater community

Do you sell ANYTHING that might be used by someone 12 or under?

Jewelry?
Cards?
Wrapping paper?
Toys?
Clothing?
Blankets?

ANYTHING
whether you make it yourself or buy it for resale

You must read this topic --
CPSC deadline on Feb 10th, 2009



The new CPSIA will affect many of us that sell ANY products that can be consider for children.

CBS Consumer Product Safety Commission news article.

Not just toys and jewelry, but clothing, room decor, school supplies, educational aids, art work, art supplies, pillows, books, bedding, items for babies and children under 12 (shampoo, body lotion, tooth paste with a popular teen star, a huge amount of products) etc.

There are many collectibles that could be considered also.

there are many collectors under the age of 12 for baseball cards, postage stamps, postcards, coins etc...these will need to be tested just as books for under 12 (used or new or those considered that a 12 year old might read) will need to be tested if they don't have the CPSC stamp of approval.


The legislation states RETROACTIVE everyone! items made before Feb. 10th are NOT EXEMPT OR EXCLUDED from the new law.


About 4 minutes in, this manager of Learning Resources (which sells and manufactures science items for school systems) addresses the financial repercussions of this law on small & mid-size businesses.

http://www.youtube.com/watch?v=Bk0Vr0yDrXc&feature=related

The OP of that video has uploaded three separate videos.
Pt 1 is 6min +
Pt 2 is 8min +
Pt 3 is 8min +




What is the definition of a children's product and how will the age cutoffs be determined?
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.

SOURCE:
http://www.cpsc.gov/about/cpsia/faq/children.html


One of the answers to one of the questions in the CPSIA's FAQ's even mentioned pianos!
(Get it?)
A kid can sit on a piano bench and depress the keys, so it's "intended for use by a child under 12."

What else?
Maybe an adult T shirt in size Extra Small??? Could fit an 11 year old, couldn't it???

Think your products are exempt? Maybe they are, maybe they AREN'T. We need more definitive information, I guess.
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1733Shoppe



Posts: 109

PostPosted: Sun Jan 04, 2009 9:24 pm    Post subject: Reply with quote

Thanks BigT,
This law at the minimum needs some clarity and at best could use some common sense.
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bigtallmensclothing
moderator


Posts: 21854

PostPosted: Mon Jan 05, 2009 12:32 pm    Post subject: Reply with quote

Maryland and Washington Withdraw Child Product Safety Laws

Quote:
Citing preemption by the recently enacted Consumer Product Safety Improvement Act of 2008 (CPSIA), the states of Maryland and Washington have withdrawn Child Product Safety Laws.


http://ws.strlab.com/news/alert/?op=n&n=0000000054
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bigtallmensclothing
moderator


Posts: 21854

PostPosted: Mon Jan 05, 2009 8:25 pm    Post subject: Reply with quote

VOTE NOW

http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia

To vote, you have to join (it's free and they require very little info). Then press the Vote button on the top left of the page. (It's the button that shows the current tally and says Vote.)
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somewhereinmymemories



Posts: 228

PostPosted: Mon Jan 05, 2009 8:46 pm    Post subject: Reply with quote

Thanks for bringing this to light again and in a clearer way. This is a HUGE mess that will have a devastating effect on the economy of this country if indeed it is enforced as it stands. I sell video games. For kids 12 and under or no? I also sell antiques and collectibles. 1930's doll - antique or for a child? How about a 1950's doll - 1960's... or 1970's? When is it a used toy and when it is a collectible and where are the guidelines and cut offs?

This will have a devastating effects on Goodwill and Salvation Army and that is very sad because those organizations help so many people with the proceeds from their donations. It will hurt work and home moms and craftspersons for absolutely no reason other than some tainted cr*p from China got imported and now we're the ones who have to pay.

Fight it - bring attention to it. The LA times had an article about it on January 3 so at least the larger media is starting to pay attention.

February 10 will be a very interesting day when tons and tons of stuff labeled "hazardous material" gets dumped into landfills. The environmentalist should be all over this.
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bigtallmensclothing
moderator


Posts: 21854

PostPosted: Mon Jan 05, 2009 8:55 pm    Post subject: Reply with quote

Quote:
February 10 will be a very interesting day when tons and tons of stuff labeled "hazardous material" gets dumped into landfills.

AH HA
that's another issue "hazardous material" can not be dumped into landfills.

Just wait to John Doe walks into the stores on 2/10/08 and can't buy anything!
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YourRainyDayBookStore



Posts: 764

PostPosted: Thu Jan 08, 2009 9:14 am    Post subject: Reply with quote

I wonder if this will cause your local library to remove all the children's books? Friends of the Library will not be able to sell any books for children . . . Even antique and collectible children's books can not be sold.

Joyce
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Periwinkles



Posts: 2908

PostPosted: Thu Jan 08, 2009 9:20 am    Post subject: Reply with quote

What about plates, forks, spoons, etc. Don't children 12 and under use these items? Man this is going to be a complete and utter mess.
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earplugs



Posts: 48

PostPosted: Thu Jan 08, 2009 10:38 am    Post subject: Reply with quote

Thanks for the links. I need to learn more about this law. I don't consider my products to be for use by children under 12, but it seems like a very broad definition is being applied.
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GuadalupeForgeWroughtIron



Posts: 173

PostPosted: Thu Jan 08, 2009 11:20 am    Post subject: Reply with quote

Amazon is now informing vendors by email they're responsible for insuring that children's products sold on Amazon comply with the CPSIA requirements by the Feb and August deadlines. Vendors either have to send an email to Amazon stating that all of the products they sell are fully compliant:
Quote:
("We, [Vendor Name], certify that all of our products are compliant with the lead and phthalate limits effective as of August 14, 2011 as defined by the Consumer Product Safety Improvement Act of 2008.")
Or, they have to submit a spreadsheet listing each item that's not compliant. (They don't say why, but I'm guessing it's because they'll pull the noncomplaint products from Amazon when the time comes?)

They list the requirements:

Quote:
Limit Phthalate ban:
Effective Date of Limit per the Act 10-Feb-09; Products shipped to Amazon.com must comply by 30-Nov-08; Noncompliant products are subject to return to Vendor 15-Jan-09

Lead 600 ppm:
Effective Date of Limit per the Act 10-Feb-09; Products shipped to Amazon.com must comply by 30-Nov-08; Noncompliant products are subject to return to Vendor 15-Jan-09

Limit Lead 300 ppm:
Effective Date of Limit per the Act 14-Aug-09; Products shipped to Amazon.com must comply by 14-Apr-09; Noncompliant products are subject to return to Vendor 1-Jul-09

Limit Lead paint 0.009:
Effective Date of Limit per the Act 14-Aug-09; Products shipped to Amazon.com must comply by 14-Apr-09; Noncompliant products are subject to return to Vendor 1-Jul-09

Limit Lead 100 ppm:
Effective Date of Limit per the Act 14-Aug-11; Products shipped to Amazon.com must comply by 14-Feb-11; Noncompliant products are subject to return to Vendor 1-Jul-11

Any children's products which are not so confirmed are subject to removal from the Amazon.com catalog, and Amazon.com will be entitled to return to you for a full refund (including shipping costs) any non-compliant products which remain in our inventory as of the dates in Column IV above.

In order to minimize difficulties in inventory compliance tracking, any products which are altered to comply with a limit described in the Act must have a distinct SKU number from previous versions. These changes must be reported to Amazon.com along with a return authorization for any Amazon.com inventory of previous versions.

Of course, this is to protect Amazon from prosecution; they provide no info about how folks are supposed to test their items to determine lead or phthalate content, because they know it's impossible for most people to actually do it. More craziness.
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poopsheet



Posts: 4865

PostPosted: Thu Jan 08, 2009 12:06 pm    Post subject: Reply with quote

Just to clarify, in the case of the Amazon letter "vendor" means the suppliers for items Amazon itself sells and ships -- not the sellers who sell through Amazon.

Still good info to have though.
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GuadalupeForgeWroughtIron



Posts: 173

PostPosted: Thu Jan 08, 2009 12:15 pm    Post subject: Reply with quote

Thank you for the clarification, Poopsheet! The email was forwarded to me this morning by my sister, who is a publisher, so she sells her own new books to Amazon and sells used books herself on Amazon...I never thought to ask her which of her items she thought Amazon was referring to.
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ballroomjewelry



Posts: 246

PostPosted: Thu Jan 08, 2009 1:44 pm    Post subject: Reply with quote

Here is some updated info. from Etsy:

http://www.etsy.com/storque/craftivism/cpsia-exemption-announcement-resources-action-items-3188/
We've gathered some encouraging news for makers of toys and children's items. Seems like the voices of handcrafters are being heard!

This just in from the ombudsman of the CPSC:

CPSC Clarifies Requirements of New Childrens Product Safety Laws Taking Effect in February
Guidance Intended for Resellers of Childrens 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, childrens products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain childrens 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, 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 total lead limit drops to 300 ppm on August 14, 2009.
The new law requires that domestic manufacturers and importers certify that childrens products made after February 10 meet all the new safety standards and the lead ban. Sellers of used childrens 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 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.
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 childrens products, particularly cribs and play yards; childrens products that may contain lead, such as childrens 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."
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1733Shoppe



Posts: 109

PostPosted: Thu Jan 08, 2009 3:02 pm    Post subject: Reply with 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 didn't think it was possible to make this law any more muddy.....but I was wrong!
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pranksrs



Posts: 12

PostPosted: Thu Jan 08, 2009 4:00 pm    Post subject: Reply with 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?
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