Jump to content

Menu

The Consumer Product Safety Improvement Act, will it include used book sales?


Recommended Posts

Could someone tell me what this means. I organize a big used book sale for our homeschooling organization each June. I am ready to reserve the location. Are they really going to enforce this and go around and shut down garage sales, book sales, etc. Does this affect people who want to resell their books and clothes?

Link to comment
Share on other sites

I had a 2-hr teleconference on this today. Items that were manufactured and distributed prior to the effective date of the legislation, or the product type(s) respective deadlines are EXEMPT. They have been "grandfathered" out of meeting the 3rd party testing, etc. requirements.

 

It doesn't matter if they sit on shelves for months or years, if they were manufactured/distributed PRIOR to the effective date, they are EXEMPT. (we went over this point for about 30 minutes, because people were worried about the inventory on their shelves -- afraid they were going to have to pull it and eat the costs...big, big losses here).

 

Now, that doesn't mean that there aren't still issues which have to be resolved. The legislation is very cumbersome and in some respects paints with too large a brush -- but if my manufacturers, distributors and stores (even Michael's) can sell stuff "new" with this exemption, I'd say most of our "used books" will be fine as well -- at least during the near future.

Link to comment
Share on other sites

So if we make something with items that are already sold in the US, will they be exempt...because this is the issue with WAHM's.

 

Lisa K, who was giving the teleconference?

 

Here is a link to a memo clarifying this from the Consumer Product Safety Commission that it *does* apply to inventory. February 10, 2009 is the 180th day after enactment, which is the end of the grandfathered period.

 

http://www.cpsc.gov/library/foia/advisory/317.pdf

Link to comment
Share on other sites

OK - now I see where this information that Lisa has is coming from! And I think it's giving me SOME relief in regards to this bill. She's right - products manufactured before November 12, 2008 are exempt!

 

This is what I found on the CSPIA website:

 

"What certifications are required for children’s products that are tested for lead paint?

For currently effective lead paint limits (600 ppm), general conformity certification is required for products manufactured after November 12, 2008 based on a test of the product or a reasonable testing program for products. Third-party testing of the product for currently effective lead paint limits by accredited third party laboratories is required for products manufactured after December 21, 2008."

 

This would seem to indicate that anything manufactured BEFORE November 12th is, indeed, exempt. Meaning that we don't have to panic about the sale of used books, toys and clothing. Phew!

 

The bill still means big trouble ahead for small businesses, though, in regards to new products.

Edited by Amy from WT
misleading information
Link to comment
Share on other sites

This thing is just SO hard to interpret. But a wonderful lady, the author of WriteShop actually, has just given me a wonderful link that explains it all beautifully. I wanted to share it with you all. http://www.thesmartmama.com/bg/ This blog is written by an environmental attorney. Here she interprets the CSPIA.

 

The summary? YES, it does include used items and existing inventory. NO, these items do not actually have to be tested and have certification. But they must be lead-compliant. (What that means, or how one would prove that my books, for example, contain no lead with their paper pages and plastic coil bindings, I have no idea.) Anything manufactured after the dates mentioned in the CSPIA has to be tested and receive certification that it meets the approved standards. A simple inexpensive test will do this until August; after that a more expensive test from only government-approved labs will do the trick as the approved lead-levels go drastically down at that point.

 

Again...a great idea....badly thought out. Not only will this kill small businesses, what will it do to prices for the average consumer? How will the garment industry survive if they have to test each individual item? I can't believe this isn't all over the news.

Link to comment
Share on other sites

Ok, so here's another spin-off question: what about those things made with already tested or not needing to be tested materials. Like, for instance, what if someone on Etsy is selling a handbag sewn from vintage garments? The vintage garments are not needing to be tested, since they were clearly manufactured prior to the deadlines, but what about the bag? What if somebody sells wreaths made from plastic flowers they purchased at Michael's? Those will have been tested... ack! :001_huh:

Link to comment
Share on other sites

So, if you do sell used items and for some reason they *did* contain lead, then you would be subject to the stiff penalties? The only way to know if your items contain lead or not is to have them tested - lead can be found in plastics, ink, etc.

 

I wonder how liability insurance companies are going to handle this?

Link to comment
Share on other sites

Ok, so here's another spin-off question: what about those things made with already tested or not needing to be tested materials. Like, for instance, what if someone on Etsy is selling a handbag sewn from vintage garments? The vintage garments are not needing to be tested, since they were clearly manufactured prior to the deadlines, but what about the bag? What if somebody sells wreaths made from plastic flowers they purchased at Michael's? Those will have been tested... ack! :001_huh:

 

I believe the legislation only concerns those products specifically marketed to/manufactured for children under the age of 12 (or 12 and under?). Wreaths and handbags, as well as used books/clothing not intended for children, don't really fit that category. Anyone want to clarify in case I'm not understanding it properly?

Link to comment
Share on other sites

I had a 2-hr teleconference on this today. Items that were manufactured and distributed prior to the effective date of the legislation, or the product type(s) respective deadlines are EXEMPT. They have been "grandfathered" out of meeting the 3rd party testing, etc. requirements.

 

It doesn't matter if they sit on shelves for months or years, if they were manufactured/distributed PRIOR to the effective date, they are EXEMPT. (we went over this point for about 30 minutes, because people were worried about the inventory on their shelves -- afraid they were going to have to pull it and eat the costs...big, big losses here).

 

Now, that doesn't mean that there aren't still issues which have to be resolved. The legislation is very cumbersome and in some respects paints with too large a brush -- but if my manufacturers, distributors and stores (even Michael's) can sell stuff "new" with this exemption, I'd say most of our "used books" will be fine as well -- at least during the near future.

 

I would be very interested in knowing who at the CPSC confirmed this.

Link to comment
Share on other sites

I believe the legislation only concerns those products specifically marketed to/manufactured for children under the age of 12 (or 12 and under?). Wreaths and handbags, as well as used books/clothing not intended for children, don't really fit that category. Anyone want to clarify in case I'm not understanding it properly?

She's saying taking those items and using them as materials to make children's products. Say I went to JA's and bought fabric...that fabric came into the states and was legal to sell. But I want to take that fabric and make something to sell for a child's use...suddenly WE have test for something where the materials were already legal.

Link to comment
Share on other sites

OK - now I see where this information that Lisa has is coming from! And I think it's giving me SOME relief in regards to this bill. She's right - products manufactured before November 12, 2008 are exempt!

 

This is what I found on the CSPIA website:

 

"What certifications are required for children’s products that are tested for lead paint?

For currently effective lead paint limits (600 ppm), general conformity certification is required for products manufactured after November 12, 2008 based on a test of the product or a reasonable testing program for products. Third-party testing of the product for currently effective lead paint limits by accredited third party laboratories is required for products manufactured after December 21, 2008."

 

This would seem to indicate that anything manufactured BEFORE November 12th is, indeed, exempt. Meaning that we don't have to panic about the sale of used books, toys and clothing. Phew!

 

The bill still means big trouble ahead for small businesses, though, in regards to new products.

 

This regards the GCCs only, though. It doesn't say these items are exempt from conforming to the lead standards.

Link to comment
Share on other sites

She's saying taking those items and using them as materials to make children's products. Say I went to JA's and bought fabric...that fabric came into the states and was legal to sell. But I want to take that fabric and make something to sell for a child's use...suddenly WE have test for something where the materials were already legal.

 

Yes, exactly. Or, for instance, not even using "raw materials" but, say, making a teddy bear out of reclaimed jeans? Or, Fern & Faerie Recycle Diapers? Would Stell's diapers themselves have to be inspected, even though the garments they're made from would be either inspected or exempt because of their manufacture date?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...