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Seller, beware: Feds cracking down on secondhand sales of some products
State-Run McClatchy/Kansas City RedStar ^ | 8/20/09 | JAMES ROSEN

Posted on 08/31/2009 7:14:22 PM PDT by Crazieman

If you're planning a garage sale or organizing a church bazaar, you'd best beware: You could be breaking a new federal law. As part of a campaign called Resale Roundup, the federal government is cracking down on the secondhand sales of dangerous and defective products.

The initiative, which targets toys and other products for children, enforces a new provision that makes it a crime to resell anything that's been recalled by its manufacturer.

"Those who resell recalled children's products are not only breaking the law, they are putting children's lives at risk," said Inez Tenenbaum, the recently confirmed chairwoman of the Consumer Product Safety Commission.

The crackdown affects sellers ranging from major thrift-store operators such as Goodwill and the Salvation Army to everyday Americans cleaning out their attics for yard sales, church bazaars or - increasingly - digital hawking on eBay, Craigslist and other Web sites.

(Excerpt) Read more at kansascity.com ...


TOPICS: Business/Economy; Extended News; Government; News/Current Events
KEYWORDS: 111th; agenda; antilead; bho44; bhohealthcare; bush; communism; congress; corruption; crackingdown; democrats; ebay; economy; feds; garagesales; georgewbush; healthcare; kneegrow; lead; leadlaws; nanny; nannystate; obama; obamacare; rino; sales; scotus; secondhand; sellers; socialism; statesrights; talkradio; taxes; teaparty
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1 posted on 08/31/2009 7:14:22 PM PDT by Crazieman
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To: Admin Moderator; Crazieman

Moderator, can you please take this off the banglist. It has nothing to do with Second Amendment Rights or firearms.

Thank you.


2 posted on 08/31/2009 7:18:35 PM PDT by Shooter 2.5 (NRA /Patron - TSRA- IDPA)
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To: Crazieman

And after I get busted for my yard sale, IRS will audit me to see if I reported the $29.89 “profit” from my last sale.

The Feds want to be in control of every single aspect of our lives! For the children.


3 posted on 08/31/2009 7:20:04 PM PDT by DBrow
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To: Crazieman

Going after Meg, uh...


4 posted on 08/31/2009 7:20:22 PM PDT by devane617 (Republicans first strategy should be taking over the MSM. Without it we are doomed.)
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To: Shooter 2.5

Rifles and shotguns show up at yard sales, handguns more rarely.

But yeah, this is not banglist material.


5 posted on 08/31/2009 7:21:11 PM PDT by DBrow
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To: Crazieman

I remember when Bush signed this into law last year - quite a few of us freepers were upset about it and wondering what Bush was doing, but a lot of people seemed to blow it off and think nothing of it.


6 posted on 08/31/2009 7:23:39 PM PDT by af_vet_rr
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To: DBrow
Rifles and shotguns show up at yard sales, handguns more rarely.

When Jarts are outlawed, only outlaws will have Jarts

7 posted on 08/31/2009 7:24:19 PM PDT by digger48
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To: Crazieman

Putting children’s lives at stake?

Bull Obama.


8 posted on 08/31/2009 7:25:04 PM PDT by Da Coyote
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To: Crazieman

Somebody tell me how the Federal government has jurisdiction over yard sales? Not exactly interstate commerce.


9 posted on 08/31/2009 7:26:55 PM PDT by FReepaholic (Jump You F**kers!)
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To: digger48

I think this is just targeted at toys not general merchandise.


10 posted on 08/31/2009 7:26:59 PM PDT by HiTech RedNeck (Proud Sarah-Bot.)
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To: FReepaholic

Ah, that was one Wickard court decision ago.


11 posted on 08/31/2009 7:27:31 PM PDT by HiTech RedNeck (Proud Sarah-Bot.)
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To: Crazieman

Maybe the Feds will be so busy fingering used underwear they won’t notice our lightbulbs.


12 posted on 08/31/2009 7:28:15 PM PDT by WestwardHo (Whom the god would destroy, they first drive mad.)
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To: Crazieman

I hate to say it, but this bill was signed into law not by Obama, but by George W. Bush last year. This is another in a long list of bills Bush should of found his VETO pen.


13 posted on 08/31/2009 7:29:57 PM PDT by NavyCanDo
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To: Da Coyote

Putting children’s lives at stake?

***Bull Obama.***

Now, you don’t want children exposed to the lead in the printing ink of the Golden Books you or your kids were raised with now do you? think about how all of us turned out being exposed to Lead, mercury and other nasties that didn’t worry our parents until the libs found something to go into panic mmode about.


14 posted on 08/31/2009 7:32:17 PM PDT by Ruy Dias de Bivar (Tar and feather the sons of dirty dogs! Ride them out of town on a rail!)
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To: Crazieman

Shoot! Now I can't sell my Obama car seat.
Just like the real thing!

15 posted on 08/31/2009 7:34:43 PM PDT by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
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To: NavyCanDo

Bush signed the law, Rats gave it dough.


16 posted on 08/31/2009 7:37:21 PM PDT by HiTech RedNeck (Proud Sarah-Bot.)
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To: DBrow

It’s getting worse. Sometimes you can’t tell the banglist from the latest articles.


17 posted on 08/31/2009 7:38:35 PM PDT by Shooter 2.5 (NRA /Patron - TSRA- IDPA)
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To: Da Coyote

The Resale Roundup is being enforced under the Consumer Product Safety Improvement Act, which Congress passed and President George W. Bush signed into law last year.

http://freeinternetpress.com/story.php?sid=22637

As much as I liked George W. Bush, this bill could of been killed by him.


18 posted on 08/31/2009 7:38:46 PM PDT by NavyCanDo
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To: NavyCanDo

It’s the cover-up-for-China-lousy-safety-practices law.

Kicked in last year for new items, this year for used.

Didn’t want to embarrass China by pushing the problem back on them. You know how touchy China can get.


19 posted on 08/31/2009 7:39:47 PM PDT by HiTech RedNeck (Proud Sarah-Bot.)
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To: HiTech RedNeck
“Bush signed the law, Rats gave it dough.”

I just wanted to be fair. This story has been posted a couple of times, and each time I read comments about the nerve of Obama taking away another privilege of ours, when in fact it was signed into law last year, with enough votes to get it to Bush's desk.

But it could of just as easy been passed this year as well.

20 posted on 08/31/2009 7:54:02 PM PDT by NavyCanDo
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To: Crazieman
good thing we have government to guide us through life s/
21 posted on 08/31/2009 7:55:06 PM PDT by vigilante2
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To: FReepaholic

Somebody tell me how the Federal government has jurisdiction over yard sales?

The air breathed by the customers while shopping crossed state lines at some point in history. So you see it’s just like our forefathers intended.


22 posted on 08/31/2009 8:14:19 PM PDT by freedomfiter2
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To: Crazieman

they are spending 100 MILLION DOLLARS A YEAR on this idiocy.
One more stupid government intrusion endorsed by a ‘conservative’. Thanks but no thanks Republican Party.


23 posted on 08/31/2009 8:21:30 PM PDT by wafflehouse (RE-ELECT NO ONE !)
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To: DBrow

How can you have a profit? Did you not purchase the stuff for more than you sold it for?


24 posted on 08/31/2009 8:24:47 PM PDT by US_MilitaryRules (Become a monthly donor or FR won't be here for you!)
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To: Crazieman

This seems to be an excellent opportunity to have “private” garage sales. That is, to create a community program so that only “members” who are not affiliated with the government, are allowed on the property to purchase sale goods. And any government employee or officer who shows up is trespassing.

Membership is free, but includes a sworn statement that you are not an employee, or are compensated by, affiliated with, or are willing to cooperate with, any effort involving an inspection of a garage sale.


25 posted on 08/31/2009 8:33:45 PM PDT by yefragetuwrabrumuy
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To: Crazieman

You mean if I have a batch of secondhand Chinese Mattel toys with lead paint I can’t sell them to kids?! If I have a Graco playpen that was recalled just because it strangled some babies, I can’t put it in my garage sale?!


26 posted on 08/31/2009 8:38:29 PM PDT by ElectronVolt
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To: yefragetuwrabrumuy
Membership is free, but includes a sworn statement that you are not an employee, or are compensated by, affiliated with, or are willing to cooperate with, any effort involving an inspection of a garage sale.

If you're violating a law, none of this is going to work for you or prostitutes would never be arrested.

27 posted on 08/31/2009 8:43:10 PM PDT by ElectronVolt
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To: Crazieman; Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; ...

the list, ping


28 posted on 08/31/2009 8:45:21 PM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: Crazieman

First he made is hard to get used cars and now hard to get used toys and clothing. Isn’t this a little unfair to the poor who can’t buy new items?


29 posted on 08/31/2009 9:24:48 PM PDT by Notasoccermom
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To: ElectronVolt

Except your being on your own property. Unless whatever it is that the federal agent would want to inspect is identifiable from the sidewalk, they could typically use the excuse that this is an event open to the public. But a closed gathering is legally different. Just asking for the presentation of some token membership is more than enough to exclude anyone from your property.

It would be extremely difficult for them to get a probable cause warrant in such a case.

And remember, that the “inspectors” are searching for items banned for sale. Easy enough to exclude them from just those items. But think of the unreserved joy of telling them to leave your property, after having taken their picture.


30 posted on 08/31/2009 9:34:21 PM PDT by yefragetuwrabrumuy
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To: Crazieman

bttt


31 posted on 08/31/2009 9:36:53 PM PDT by sweetiepiezer (I have a Pal in Sarah)
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To: NavyCanDo
As much as I liked George W. Bush, this bill could of been killed by him.

It's precisely because of stuff like this that I don't like George W. Bush. The man was as bad of a nanny-stater as there is and a lot of us predicted this kind of crap was going to happen when he signed. The most irritating thing is how proud he is of stuff like this and how he really thinks it's protecting children.
32 posted on 08/31/2009 9:48:30 PM PDT by af_vet_rr
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To: FReepaholic
Somebody tell me how the Federal government has jurisdiction over yard sales? Not exactly interstate commerce.

Because George Bush believes it protects children and that's in the Constitution isn't it?
33 posted on 08/31/2009 9:49:33 PM PDT by af_vet_rr
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To: BerryDingle
I started driving when I was 4 in the rock truck around the yard,
then my Mother put me on her lap at about 8 driving around mountain roads
where the drop-off was 50-700 feet. Oh the Hugh Manatee.
34 posted on 08/31/2009 9:54:21 PM PDT by MaxMax (Don't stop them when they're imploding, just step out of their way)
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To: Nachum

It was allowed by bush, but yeah obama loves this stuff.


35 posted on 08/31/2009 10:40:02 PM PDT by ~Kim4VRWC's~ (I am Jim Thompson............................Please pray for our troops....)
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To: Crazieman
The state of New Jersey now sends "inspectors" out to cheap flea markets. They want to make sure they get every penny of tax "owed" to them.

I remember when this was sort of a free country.

We will be worse than the Soviet Union ever was if we keep going at this rate. I give us 6 years.

36 posted on 09/01/2009 3:29:19 AM PDT by SkyPilot
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To: Shooter 2.5

Trolls adding noise to make our tools less effective?


37 posted on 09/01/2009 5:44:47 AM PDT by DBrow
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To: digger48

If you warm your Jarts in your Suzy Homebaker oven, they become even deadlier!


38 posted on 09/01/2009 5:48:06 AM PDT by DBrow
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To: US_MilitaryRules

Yes, and I’ll have to make that point during my audit. I’ll add in the cost of the Yard Sale Good Stuff signs, the gas to go around and post them, and so forth.

The point of my post was that once you get caught selling a toy with lead paint, you become open to other government intrusions.

Like zoning, resale permits, local sales tax, and for all I know ADA and EEOC. Like the recent stories of kids getting busted for selling lemonade without the proper paperwork and procedures.


39 posted on 09/01/2009 5:52:34 AM PDT by DBrow
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To: DBrow

What the heck ever happened to “Buyer Beware” are we so dumb as a culture now we need the government to stand over our shoulder when we purchase something?

I have to say it but this is Bush’s baby and this is exactly the sorta crap that “Compassionate conservatism” get you.


40 posted on 09/01/2009 7:40:03 AM PDT by GraceG
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To: FReepaholic

Wickard v Fillburn was the USSC
taking the pinhole in the Constitution called the “interstate commerce clause”,

ripping it open with both hands,
and walking on through it.


41 posted on 09/01/2009 7:44:47 AM PDT by MrB (Go Galt now, save Bowman for later)
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To: MrB

Well, it looks like we need another Amendment to the Constitution.


42 posted on 09/01/2009 8:10:33 AM PDT by FReepaholic (Jump You F**kers!)
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To: GraceG

“What the heck ever happened to “Buyer Beware”

Well, I think Bush was wrong in signing the bill, but...how do you as a buyer detect lead paint in kid’s toys? Or find out if the object was banned a decade ago while it sat in storage? You can’t, not easily.

Which is 90% of the problem with the bill, neither can an outfit like Catholic Charities, Salvation Army, other such resale outlets, or a church rummage sale tell that some toy, manufactured eight years ago, is on some list or contains lead?


43 posted on 09/01/2009 8:17:27 AM PDT by DBrow
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To: FReepaholic

You know, I’ve been thinking about it, especially in light of the possible secession and reformation of the USA.

“If the Constitution just had more explicit language that activist judges couldn’t get around...”

But I don’t think it would matter. The Constitution, as written, said - Congress makes the laws, no other branch does. Congress can only make laws in these specific enumerated areas, and no others. Where the Constitution is silent as to the powers of Congress, the purview is at the state level.

And that bastards simply ignore the written word and look at the “emanations of the penumbra” and “foreign law”, etc, and rule as they think best instead of what it says.

I’m not certain as to the remedy for this, but, I think it’ll involve a “big reset”, and harsh treatment (immediate impeachment, removal from office) of anyone that starts walking down this path again.


44 posted on 09/01/2009 8:18:26 AM PDT by MrB (Go Galt now, save Bowman for later)
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To: MrB

“taking the pinhole in the Constitution called the “interstate commerce clause”, ripping it open with both hands,”

eww please no goatse references!


45 posted on 09/01/2009 8:18:49 AM PDT by DBrow
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To: HiTech RedNeck
"I think this is just targeted at toys not general merchandise."

I seem to recall children's PJs and other clothing being a part of the bill when it was being debated.

46 posted on 09/01/2009 8:22:39 AM PDT by JustaDumbBlonde (America: Home of the Free Because of the Brave)
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To: Crazieman

Fast-Track - Congress pushed through the Consumer Products Safety Improvement Act (”CSPIA”) which is causing the needless destruction of billions of dollars of goods and crippling whole industries. Outrage of the Day: Waxman Drags Feet on Needed CPSIA Reform
http://www.freerepublic.com/focus/f-news/2208150/posts

An important and informative post. Hugh Hewitt’s radio show, he had an interview with the CPSC Chair, Nancy Nord. They are still working to find out the actual cost to jobs and money. Anyone who wants to listen can do so here. Move the curser around to find the interview. show 6 . Friday March 13, 2009
Nancy Nord, Scott Johnson, Jeffrey Goldberg With Hugh Hewitt
03130901 Hewitt: Hour 1 - An interview with the CPSC Chair, Nancy Nord on the UNINTENDED CONSEQUENCES of the Consumer Products Safety Improvement Act.
7 . Friday March 13, 2009
CPSC Chair Nancy Nord With Hugh Hewitt
Hugh interviews Ms. Nord about the devastating unintended consequences of the Consumer Product Safety Improvement Act.
http://hughhewitt.townhall.com/TalkRadio/Show.aspx?RadioShowID=5&ContentGuid=fb5b5906-2128-498e-8001-aa9a8d89eb52


47 posted on 09/01/2009 9:01:08 AM PDT by anglian
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To: Crazieman
The law has a number of other beefed-up consumer protections, including much tougher standards for selling products that contain lead or lead-based paint. After stalling for years, the legislation gained new life after widely publicized massive recalls of Chinese-made dolls and toys with lead paint that started in late 2007.

This is what is going to cause the REAL trouble. Imagine having to get a lead-free certification for every toy? And it's not just paint. You would have to show that the plastic and other parts are lead free, too. This part will kill secondhand stores. This is the same stupid law that bans kid vehicles that have lead-acid batteries. Includes small motorbikes and ATVs. The kid might eat the battery, I guess.

Yes, another stupid mistake on Bush's part.

48 posted on 09/01/2009 12:52:17 PM PDT by Right Wing Assault
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To: GraceG
I have to say it but this is Bush’s baby and this is exactly the sorta crap that “Compassionate conservatism” get you.

The sad thing is, come 2012 or 2016, chances are the Republican candidate will probably be pushing some new and improved version of "compassionate conservatism" which is really just a watered down socialism.
49 posted on 09/01/2009 1:22:28 PM PDT by af_vet_rr
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To: af_vet_rr

The problem is that this sort of behavior was a byproduct of the LBJ era of the “great society”. The problem has now integrated itself into the culture. In order to fix it we will be needing a new “Cultural Revolution” unlike the one from Chairman Mao, this revolution will need to start at home from the grass roots level and propagate through society for many years before the payoffs can be felt.


50 posted on 09/01/2009 1:52:08 PM PDT by GraceG
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