Posted on 01/09/2009 5:44:07 AM PST by ozark hilljilly
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 than 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.
(Excerpt) Read more at ky3.com ...
All the reactive bluster over nothing.
I'd say there's a trap in this. Resellers aren't required to test, just don't get caught selling items that fall outside the law.
Not really. If the article is accurate, resellers are open to lawsuit and the clarification could be an invitation to shakedown legal actions and settlements.
“I’d say there’s a trap in this. Resellers aren’t required to test, just don’t get caught selling items that fall outside the law.”
That’s what I was thinking, too.
But the local infobabe this morning said something to the effect that if the thrift stores check their items with known recall lists then they should be ok. ( but, then again...)
I still don’t see how in the world they are gonna enforce this as far as resale stores, garage sales etc. go.
Maybe this is part of Capt. Unicorn’s plan to employ more folk via the gubbermint.
; )
Yep, huge shakedown lawsuit loophole, just what Democrats specialize in. Feeding the trial lawyers.
"I sold a doll at a garage sale."
Resellers better be careful, they would be responsible if they sold a dangerous toy...if China didn’t keep sending poisoned merchandise, there would be no reason for a law. I’m waiting for COLB-country of origin labeling. I will never by Chinese food knowingly.
Something like OSHA type teams visiting your local reseller? I could see that under the new administration/democrat Congress.
"...and they all moved away from me on the Group W bench there."
( showing my age with that one.)
And all this will jack up the price of resale goods, making them more costly to those who need to buy second hand merchandise.
It would have been better to issue public warnings on known lead-containing products, then embargo such products from non-compliant nations. Why establish laws where entrapment is possible, unless...
"I still don?t see how in the world they are gonna enforce this as far as resale stores, garage sales etc. go. Maybe this is part of Capt. Unicorn?s plan to employ more folk via the gubbermint. ; )"
Picture an amblance chasing law firm that goes around filing lawsuits against small reseller businesses that can't afford expensive testing and attorneys. They then offer to settle the suit for a "reasonable" settlement with each of these firms. If any reseller actually mounts a vigorous defense, drop the suit and move on...
Someone posted a sign that said “Group W” over a “waiting” bench outside the plant tool room (you know the tool room people got paid by the hour—sheesh) and that sign was there for a couple of years..maybe 3 or 4 people in the plant got the reference and depending who was sitting on the bench at the time,it could be down right comical.
If Joe The Plumber had been Joe The Flea Market Seller, then the law would have been in effect.
I want it for the food issue...the grocery stores are getting too cute about telling us where stuff comes from. I don’t want to buy Chinese food or for that matter food from Mexico...it’s a sewer down there...we have all these laws for food in this country. Why if you are going to allow poison from overseas?
The reactive bluster is the only reason they lightened up on their “interpretation” of the law. The CPSC had many months to answer a yes or no question and it was only after the public outrage that they actually gave an answer.
But what about this?
SEC. 108. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAINING
SPECIFIED PHTHALATES.
(a) PROHIBITION ON THE SALE OF CERTAIN PRODUCTS CONTAINING
PHTHALATES.—Beginning on the date that is 180 days
after the date of enactment of this Act, it shall be unlawful for
any person to manufacture for sale, offer for sale, distribute in
commerce, or import into the United States any children’s toy
or child care article that contains concentrations of more than
0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate
(DBP), or benzyl butyl phthalate (BBP).
(b) PROHIBITION ON THE SALE OF ADDITIONAL PRODUCTS CONTAINING
CERTAIN PHTHALATES.—
(1) INTERIM PROHIBITION.—Beginning on the date that is
180 days after the date of enactment of this Act and until
a final rule is promulgated under paragraph (3), it shall be
unlawful for any person to manufacture for sale, offer for sale,
distribute in commerce, or import into the United States any
children’s toy that can be placed in a child’s mouth or child
care article that contains concentrations of more than 0.1 percent
of diisononyl phthalate (DINP), diisodecyl phthalate
(DIDP), or di-n-octyl phthalate (DnOP).
_________________________________________
The wording of Sec 108 seems to say that nobody can offer for sale anything that exceeds 0.1 percent DINP, DIDP, or DnOP. That would include thrift stores, consignment shops, and garage sales, right? It’s effective 180 days from the enactment of the Act, which makes it effective in Feb also.
Or am I misreading it? The Act is here:
I agree with you actually. That being said, if you sold a dangerous product knowingly, you are liable. I buy stuff from second hand stores and yard sales also.
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