February 10th,....Bankruptcy Day

[Rallygirl]

As I am sure many folks have probably read, the used goods industry is referring to February 10, 2009 as Bankruptcy Day. That is the day that the Consumer Product Safety Improvement Act will take affect, making it illegal for stores to sell items for children 12-and-under unless they have been tested for lead and phthalates.

For us toy collectors, unless changes are made in the law, it means that second hand stores, thrift shops and possible even antique stores will not be able to sell children's items unless they have been tested. Store owners say that this may mean the end of selling used toys. There are still some questions about how this law will affect things like antique toys, because a antique store could be held responsible if an antique toy containing lead was given to a child. Is there anythings that the government will not stick it's nose into? Why doesn't the government impose rules on the importation of shoddy toys instead?

This is just going too far. Good grief, as a child, my crib had wide bars, I sat on my mom's lap because nobody used carseats, I played on hard, metal monkey bars that where embedded in concrete, I intentionally tried to swallow a Weeble once and probably licked lead paint right off the walls. Guess what, probably much to the dismay of my parents, I am still alive and kicking!

Voice your opinions to the US Consumer Product Safety Commission. We need to get this law changed.

[thunderbolt]

Mehh, there is so much cottage industry type businesses and people dealing in used/collectable toys, the govt. agencies will not be able to persue cases against them. It looks like a new law without any teeth.

[toys2cool]

That sucks

[Hotfoot]

http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML

I don't see anything in there where it talks about existing toys. Only new requiring testing.

[jayihdz]

So now we are gonna have a toy black market???

[megoscott]

Seems to be pretty real, I hadn't heard anything about it before. Looks like a bad idea that's really hard to enforce.

New safety rules for children's clothes have stores in a fit - Los Angeles Times

[Rallygirl]

http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML

I don't see anything in there where it talks about existing toys. Only new requiring testing.

The law is very vaguely written. As most state governments (state's attorneys generals will be responsible for prosecuting) and thrift shops are interpreting the law, it calls for most products for children under 12 to be tested . It does not always differentiate between new and used merchandise. Many dates in the law, refer to the sales date of the merchandise or enactment date, not the manufacture date. This is the part that everyone wants changed.

The actual wording is
"before importing for consumption or warehousing or distributing in commerce any children’s product". - applies to all sales.

"the requirements of paragraph (2) shall H. R. 4040—8 apply to any children’s product manufactured more than 90 days after the Commission has established and published notice" - this applies only to the new stricter lead paint laws. Old toys do get a reprieve here.

"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)." - there are no 90 day manufacturing rules on this part. As currently written, it will apply to all toys.

"the efforts of the Commission to reach and educate retailers of second-hand products and informal sellers, such as thrift shops and yard sales" - This has many folks in an uproar. But I don't image that the attorneys general will be stalking garage sales for these items any more than they do now for Jarts. But second hand stores will probably be a different story.

Even with some reprieve on lead for older toys, all in all, these rules will hurt the stores where many of us find their treasures. My local Goodwill and Salvation Army are no longer selling any toys. The clothing issue is still being dealt with. The little used toy store in my town will also suffer. Although I find numerous vintage treasures there, most of her business is from toys less than a year old. The few excluded older items will not save her shop from the financial disaster caused by certifying toys. The laws are great, as they apply to new merchandise. Most people don't believe the law itself is bad, just quickly and poorly drafted. While 90 day rules are addressed on some testing, it is not addressed at all on others.

[fredg61]

I can't wait to go to my first underground garage sale!

[jayihdz]

How about comic book conventions with vintage toys?? No more???

[spotter]

unleash the black market of toys

down with Ebay it will be like the old days private mail lists

and going to other "Toy houses" to get our "fix"

[GreenLantern9999]

as a comic shop owner then all I will do is say toy intended for ages 13 and up

[Wee67]

If they make vintage toys illegal, only criminals will have vintage toys. Or something like that.

[SlipperyLilSuckers]

It will be interesting to see how all this pans out.

[Rallygirl]

From my local birdcage liner on 01/20/09,...

"The U.S. Consumer Product Safety Commission has clarified a new law that takes affect in February, designed to reduce the amount of lead in children's toys and clothing.
The new law requires that products manufactured or imported for children be certified as meeting standards for lead and other chemicals.
The CPSC now says the rule only applies to products manufactured on or after February 10th.
If the law had been applied to the sale of all children's products, it could have been economically disasterous for consignment stores and thrift shops.

However folks are still arguing over it. Here are some newspaper quotes from consignment shop owners.

"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.
It STATES that we do not have to test our products but if they come into our store and find a piece of clothing, shoe etc...that exceeds the 600 ppm limit we are "IN VIOLATION OF THE NEW LIMITS AND COULD FACE CIVIL AND/OR CRIMINAL PENALTIES"."

"While the "clarification" does state that resale shops no longer need to test their inventory, the clarification was only a press release, not written law. The law still stands as written. Also important to note, it still makes it illegal and punishable to sell anything that contains more than 600 ppm total lead content. How are we to know if we don't test? Yes, there are questionable items (dollar store toys, vinyl rain coats, and vinyl print on clothing) we can choose not to carry, but the clarification is not law, and the law was not changed to exempt resale."

So it's better, but still not a good situation for thrift and consignment shops.