New Law to Affect Selling of Used Kid's Clothes

[sillygoose]

This article says resale stores do not have to check for lead.

http://www.tampabays10.com/news/local/story.aspx?storyid=97558&catid=8

I don't know how true it is though. All the articles I've seen are giving conflicting reports. I'm really sick of these new stupid laws designed to "protect" us. I say we dump all of our used kids clothes on the steps of the Capitol building and let Congress test it themselves. That should give them some busy work, since apparently they have nothing constructive to do. The government has gotten way too big for their britches. :furious:

 

[capoly]

This is one of those things that makes me scratch my head.

How many people die each year as a result of lead found in used clothing?

How many people die each year as a result of alcohol found in their, or an other persons, system despite all the laws in place?

If saving lives is really the issue at hand than it's time to reinstate Prohibition. Otherwise these type laws are foolish.

 

[Seamaid]

I'm not surprised by this. I hate to make it political but I think we are getting so used to the Gov't being in every aspect of our lives that more things like this "for the good of the people" will be heading our way.

 

[Trino]

Maybe we have an opportunity to change things. Contact your Senator. This website will take you to any state.

http://www.senate.gov/general/contact_information/senators_cfm.cfm



Contact your Congressman. This site will take you to any Representative.

https://writerep.house.gov/writerep/welcome.shtml

 

[Mr. E]

If they are making a law that says that all children's clothes must be tested for lead before sale, isn't it safe to say that clothes at a resale shop have already been tested?

 

[snowme]

If they are making a law that says that all children's clothes must be tested for lead before sale, isn't it safe to say that clothes at a resale shop have already been tested?

Right?! This and several other comments had me thinking along these lines. So, I guess I could ask then shouldn't they be accountable at the first level - meaning either when new imports come in the country or at the original retailer?! Seems to me the more it's been discussed even in this small thread that it only points out that "they" have been allowing toxic stuff to pass thru to begin with.

So "we" pay the price and take the punishment for their errors?! Am I making sense or am I just going nutz over this LOL?

 

[snowme]

...but luckily , usually , Australia don't follow everything that the USA do so we might not have this problem
but I feel for you guys

Also when my little girl was born I bought some Beautiful dresses from the USA on ebay that were for when she was older that had been word by little girls in pageants and special days for like 2 hrs or something!
Sadly Australia doesnt dress up like you all do over there - Easter and other special occasions..
I mean yes children are dressed nicely but not as extravangant as you guys do it..
Which is a shame in many ways..

snipped for space
Hi Jane We're beginning to pay for our excessive extravagances so maybe we could learn a lesson or two (or 50)? :wink:

 

[SieSie]

Right?! This and several other comments had me thinking along these lines. So, I guess I could ask then shouldn't they be accountable at the first level - meaning either when new imports come in the country or at the original retailer?! Seems to me the more it's been discussed even in this small thread that it only points out that "they" have been allowing toxic stuff to pass thru to begin with.
So "we" pay the price and take the punishment for their errors?! Am I making sense or am I just going nutz over this LOL?

Makes perfect sense to me, snowme - I get where you're coming from and it pisses me off, too!! :furious:

 

[MissieMt]

If they are making a law that says that all children's clothes must be tested for lead before sale, isn't it safe to say that clothes at a resale shop have already been tested?

Well, I see that happening in a year or two. The law was passed last year, and will go into effect in Feb. Odds are all of the clothes that are in thrift shops right now have NOT been tested, and odds are most of our childrens' clothes that we have right now have not been tested. So, all those clothes will have to be given away or thrown away. I am not a social butterfly and the few people I do know have children that are too big for my kids' clothes. I will have to post them on freecycle or something like that just to get rid of my kids used clothes. And then I can sit online waiting for someone to post an ad for free clothes in the sizes my kids need so I can email them and hope they decide my kids are worthy of their kids clothes....sounds fun:bang:
Normally I would avoid all that by simply going to the thrift store-donating my kids clothes and then buying them some more at a reasonable price.

 

[mae]

Doesn't this effect toys too? So no handmade toys can be told, like on ebay on etsy? Or any used toys anywhere.

Wow Hows that going to affect eBay Sellers !

Isn't it up to parents to watch what they give their child ?

The article says how its going to affect the poor, ie the poor are going to get poorer

That is so true

IM very sorry for the 4 year old and parents of course I am, but people need to take responsibility as well.

Also, it will drive up the cost of clothing. There will be an increased demand for it. I personally buy a lot used, and it's going to be frustrating.

I agree, there needs to be some personal responsibility. Rebook should be selling safe products, as should all companies. But a 4 year old swallowing any foreign object could have an ill outcome.

 

[mae]

Right?! This and several other comments had me thinking along these lines. So, I guess I could ask then shouldn't they be accountable at the first level - meaning either when new imports come in the country or at the original retailer?! Seems to me the more it's been discussed even in this small thread that it only points out that "they" have been allowing toxic stuff to pass thru to begin with.

So "we" pay the price and take the punishment for their errors?! Am I making sense or am I just going nutz over this LOL?

If I understand correctly, the company may not be wholly responsible. Like the company will come up with item and have it made appropriately. Then, the factory that produces it uses a different metal or material in subsequent runs without the knowledge of the retailer. They assume because it was originally tested/made with acceptable materials, that it's still acceptable. They don't think to question it.

This may or may not be accurate, but this is what I have been told.

I do think the onus should be on these companies to contract with reputable companies that take the materials used in consideration. A company model I appreciate is American Apparel who manufacturers all of their items in house, fully aware of the materials used and manner in which products are made. And they are not crazy expensive, and you can buy them wholesale in small quantities for an amazing price.

There is a demand for cheap goods, which is also a root issue (one of several in this mess!). People often want to pay as little as possible, compromising quality and materials and methods, for what they want. This leads to using factories in China where we can get the lowest cost possible.

 

[ebedeeb]

. CPSC Clarifies Requirements of New Children's Product Safety Laws
Taking Effect in February

NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207

FOR IMMEDIATE RELEASE
January 8, 2009
Release #09-086

CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

CPSC Clarifies Requirements of New Children's Product Safety Laws Taking
Effect in February:
Guidance Intended for Resellers of Children's 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, 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 that 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.

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 children's products, particularly cribs
and play yards; children's products that may contain lead, such as
children's 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.

To see this release on CPSC's web site, please go to:
http://www.cpsc. gov/cpscpub/ prerel/prhtml09/ 09086.html

 

[snowme]

If I understand correctly, the company may not be wholly responsible. Like the company will come up with item and have it made appropriately. Then, the factory that produces it uses a different metal or material in subsequent runs without the knowledge of the retailer. They assume because it was originally tested/made with acceptable materials, that it's still acceptable. They don't think to question it.

This may or may not be accurate, but this is what I have been told.

I do think the onus should be on these companies to contract with reputable companies that take the materials used in consideration. A company model I appreciate is American Apparel who manufacturers all of their items in house, fully aware of the materials used and manner in which products are made. And they are not crazy expensive, and you can buy them wholesale in small quantities for an amazing price.

There is a demand for cheap goods, which is also a root issue (one of several in this mess!). People often want to pay as little as possible, compromising quality and materials and methods, for what they want. This leads to using factories in China where we can get the lowest cost possible.

*Nodding ... understand.*
I can only hope/wish that a law that will have little reaches into so many aspects of our lives would be a catalyst to bringing industry home. They're always talking about "creating" jobs. We destroyed so many with outsourcing and such... it's time to reconstruct what we once were.

 

[snowme]

Thanks for that clarifying post ebedeeb.

"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."

The first paragraph here seems to be in contradiction to the second... but I think I get it. LOL

 

[mae]

But they are then required to know everything that they can and cannot sell? Is that even feasible for your local thrift shop?

This is an idea posted on change.org about the issue with handmade toys:
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia
From the post:
"Anyone who produces or sells any of the following new or used items will be required to comply with the law: toys, books, clothing, art, educational supplies, materials for the learning disabled, bicycles, and more. Any uncertified item intended for children under the age of 12 will be considered contraband after February 10, 2009. It will be illegal to sell or give these items away to charities, and the government will require their destruction or permanent disposal, resulting in millions of tons of unnecessary waste, and placing an enormous strain on our landfills."

 

[snowme]

it would definitely take more manpower (which they are always shorthanded) to attempt accomplishing in my local thrift shop.

From what you posted, mae, maybe.. maybe.. maybe, dare we hope ... that in the back of someone's mind/s there is the idea that outside items/imports are too hard to track and test and therefore some industry needs to be brought back home! heh, I am breaking my eyeballs trying to find the silver lining! ;-)

Not so smiley regarding the additional unnecessary waste tho! A good percentage of this would be "throwing the baby out with the bathwater".... there's got to be a better middle ground.

But they are then required to know everything that they can and cannot sell? Is that even feasible for your local thrift shop?

This is an idea posted on change.org about the issue with handmade toys:
http://www.change.org/ideas/view/save_handmade_toys_from_the_cpsia
From the post:
"Anyone who produces or sells any of the following new or used items will be required to comply with the law: toys, books, clothing, art, educational supplies, materials for the learning disabled, bicycles, and more. Any uncertified item intended for children under the age of 12 will be considered contraband after February 10, 2009. It will be illegal to sell or give these items away to charities, and the government will require their destruction or permanent disposal, resulting in millions of tons of unnecessary waste, and placing an enormous strain on our landfills."

 

[t93]

I'm tardy to the party here, but the thing that bothers me is that they can still come back and prosecute if something that was sold is later found to contain lead. I see arrests, lawsuits eventually-and the death of thrift stores. Then landfills brimming with useable stuff. The greenie in me is highly offended.

 

[MrsG728]

well, just like the "digital revolution", the government needs to provide a means for testing textiles so that these thrift shops don't have to throw things in the garbage. I am not opposed to the measure as long as there is a way for it to be fair to all.

 

[snowme]

I'm tardy to the party here, but the thing that bothers me is that they can still come back and prosecute if something that was sold is later found to contain lead. I see arrests, lawsuits eventually-and the death of thrift stores. Then landfills brimming with useable stuff. The greenie in me is highly offended.

well, just like the "digital revolution", the government needs to provide a means for testing textiles so that these thrift shops don't have to throw things in the garbage. I am not opposed to the measure as long as there is a way for it to be fair to all.

I agree with you both. I think the kinks in this thing will be worked out due to the near surety of waste in a time when we cannot afford to waste, overloading landfills, coupled with the necessity of affordable clothing for ever-growing children particularly will be strong points that will make themselves known to our government as this law begins it's journey into our lives. Certainly, there will have to be adjustments?!

 

[FifthEssence]

I agree with you both. I think the kinks in this thing will be worked out due to the near surety of waste in a time when we cannot afford to waste, overloading landfills, coupled with the necessity of affordable clothing for ever-growing children particularly will be strong points that will make themselves known to our government as this law begins it's journey into our lives. Certainly, there will have to be adjustments?!

Thank goodness they are giving the Thrift stores a break:

On Thursday, the Consumer Product Safety Commission issued a press release saying that sellers of used toys and other children’s products will not be required to certify that their products meet lead and phthalate standards.
http://www.registerguard.com/csp/cms/sites/web/news/5498596-35/story.csp