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01-08-2009, 05:04 PM | #271 |
PhilDPino
Join Date: Nov 2008
Location: Georgia
Posts: 238
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The biggest problem here is we have to many "civilians" trying to intrepret the law. To many opinions contradicing each other. This new law is too ambiguous and can lead to many problems. Who is to say that eBay... in an attempt to protect themselves...won't ban toy sale altogether. This is a law written in the heat of public outcry during an election year. I am working an a petition and invite all to fight this law that not only affect collectors like us but small business and poor disenfrancised family as well and hurts the already damaged economy.
please visit Wibbly-wobbly, Timey-wimey Stuff regularly as my petition will be up soon. |
01-08-2009, 05:22 PM | #272 |
Banned
Join Date: Jul 2008
Location: OK
Posts: 92
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Hey. HEY! I got what you need man.
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PollyLover |
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01-08-2009, 05:27 PM | #273 |
PhilDPino
Join Date: Nov 2008
Location: Georgia
Posts: 238
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Quote:
Here you go. Rest easy. (credit to mr stinkhead on rtm)
Here is the official word. I just received Good News, regarding the future of Thrift Stores, eBay, consignment sales, Salvation Army etc. The Official Word 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. *** HERE IT IS 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 inf0rmation 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 inf0rmation 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 jew3lry 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 inf0rmation. Unfortunately, this does not change anything for us. This still means that, for example, a 1985 joe sold in 2010 suddenly discovered to have higher than 300 ppm that the limit would have gone down to by then makes the seller liable to criminal and civil penalities. IGNORANCE IS NOT A DEFENSE IN COURT. For this poor seller to protect himself he would have to test all is inventory to prior to selling it to make sure it complies. With testing prices any where from $180 to $300 per material (ie. a jacket with 2 different zippers, a plastic bead and iron-on hologram design) can become to expensive. Especially if you have multiple "styles" (read: Joe prodcution years) in your inventory. Then what of sellers of antique toys. Or even toys from the 70s and 80s. These items were manufacture and marketed to ages 5 and up (let's say) but as resellers we often assume we are selling to fellow collectors who want these items for nostogic reasons. The law does not address this issue. If we list the item on eBay are we liable under the law if the target of our sale are people ages 18 and up? It was original manufactured for children after all. What if a soccer mom buys it for her spoil brat of a 5 year old who would let Spot the Dog to digest it in the end? When does a toy stop being a toy and becomes an adult collectible. And what about shipping? will we have to start shipping FedEx Ground ORM-D because of the materials being classified as Hazardous Materials? Will anyone buy online knowing that their GI Joe must ship for 10 times as much because of it's reclasification? Are you willing to have a 1-800 number that is availiable to answer calls 24 hours as day to ship this method as required by law? THis law also affects clothing. What of the single mother with 3 kids? If her income limits her to buying from consignment and thrift shops...how will she provide for her kids? Can charities accept clothing to give (rather than sell) to the poor and homeless? If not and these items are considered Hazardous material and then must be discarded, what of our landfills? Granted parhaps, I take my arguments to the extreme. But this is a poorly crafted law that is too ambiguous and opens the door to such questions, leaving them unanswered. It affects too many aspects of our lives that most people don't realize and should be rewritten. Last edited by PhilDpino; 01-08-2009 at 05:31 PM.. |
01-08-2009, 05:34 PM | #274 |
Munitions Inspector
Join Date: Aug 2006
Location: Little Elm, Texas
Posts: 5,860
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I think we should end up with a database that collects toys that have been tested to be listed so all can benefit from testing.
Example: If John Doe has a 1984 Blowtorch tested for lead and gets the results, he can post it in the database so everyone will know if it is OK or not. What would be simpler would be to have the companies that do the testing list the toys they have tested in an online database so we don't end up duplicating tests.
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Take it easy, Drew MARVEL, Transformers, MOTUC, Centurions, and Visionaries toys WANTED!!! Link HERE For SALE Thread G.I.JOE wants lists HERE Feedback Thread |
01-08-2009, 05:38 PM | #275 |
Banned
Join Date: Jul 2008
Location: classified
Posts: 137
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Quote:
No, but there is a large number of antique dealers out there that will certainly feel the pinch. There's no need for sarcasm. When was the last time you went to a Goodwill, or another basic second hand store? I see families in them all the time buying toys/clothes/accessories for their children because it's the only place they can afford to go.
This thread = knee-jerk reaction x 1000. |
01-08-2009, 05:39 PM | #276 |
Banned
Join Date: Jul 2008
Location: classified
Posts: 137
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Quote:
I think we should end up with a database that collects toys that have been tested to be listed so all can benefit from testing.
Example: If John Doe has a 1984 Blowtorch tested for lead and gets the results, he can post it in the database so everyone will know if it is OK or not. What would be simpler would be to have the companies that do the testing list the toys they have tested in an online database so we don't end up duplicating tests. Last edited by HInsider; 01-08-2009 at 05:41 PM.. |
01-08-2009, 05:47 PM | #277 |
PhilDPino
Join Date: Nov 2008
Location: Georgia
Posts: 238
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Quote:
But lead is retroactive. items manufactered before 10 Feb. 2009 and after 10 Fed. 2009 all must have less than 600 ppm less than 300 ppm after 14 August 2009 less than 100 ppm after 14 August 2011 if technologically feasible. It will be illegal to sell items with these numbers in lead even if they were manufacture prior to 10 Feb. |
01-08-2009, 06:12 PM | #278 |
Mega Super Stoned Viper
Join Date: May 2008
Location: ******, ****
Posts: 1,580
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If they do this, I am starting up a real Cobra!
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01-08-2009, 06:22 PM | #279 |
PhilDPino
Join Date: Nov 2008
Location: Georgia
Posts: 238
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01-08-2009, 07:03 PM | #280 |
Spartan F5 Viper
Join Date: Sep 2008
Location: Sparta
Posts: 17,125
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As long as you can somehow prove the item was not intded for somone 12 and under I htink you may be ok. But if you sell this to someone who then give it to a child and it is found to be hazardous then there could be issues depending on the lawsuit.
I dunno, it does not speicify, but like on BBTS and other sites selling stuff how they label them "this item is intedned for adult collectors" maybe is the loophole. |
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