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01-09-2009, 02:01 PM | #301 |
Banned
Join Date: Jul 2008
Location: classified
Posts: 137
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Quote:
5) Also out of fear of violating this law many stores like Goodwill and the Salvation Army are consider not selling clothing, bedding, books, toys, electronics, etc. that are geared towards or can be misviewed as geared towards the ages 12 and under. This destroys an avenue for the poor and disenfranchised to provide for their children. Already many of these places are refusing to accept new donations and are planning to throw away their remaining inventory which...
They are exempt as are other charities. |
01-09-2009, 02:56 PM | #302 |
G.I JOE Dentist
Join Date: Apr 2008
Location: Eugene Oregon
Posts: 846
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I wrote ebay and got this back
Thank you for writing eBay in regard to a new law and how it will affect the auctioning of childrens toys. We are aware of the new law and that until we make modifications to our current policies (if deemed necessary), there is no reason for alarm. Our Legal team is currently working with the CPSC (Consumer Product Safety Commission) in regards to enforcement of the law. Once our Legal team and the CPSC review the information, we will be forthcoming with information regarding this new law and how it pertains to eBay. Thank you for your time. Sincerely, Aidan eBay Customer Support still do not know if I should be worried, but Ebay realizes that its in their best interest to have collectable toys be immune to the law or anything sold for that manner.
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01-09-2009, 04:31 PM | #303 |
Banned
Join Date: Jul 2008
Location: classified
Posts: 137
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01-09-2009, 07:08 PM | #304 |
Iron Grenadier
Join Date: Aug 2008
Location: South Carolina
Posts: 649
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so if a toy is defined as something that a child 12 years of age would play with,.. wouldn't the no resale law now make male prostitution doubly illegal?
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01-09-2009, 08:46 PM | #305 |
PhilDPino
Join Date: Nov 2008
Location: Georgia
Posts: 238
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Yes, but all inventory made before 10 feb will are still illegal. So all that inventory goes to the landfill. Also it will be up to them if they do not want to take the chance in accidently accepting something illegal.
One of The biggest biggest problem here is the retroactive intrepration of the law by those in charge of it. |
01-09-2009, 09:10 PM | #306 |
487121987219863.2
Join Date: Apr 2008
Location: The parade grounds of electric dreams
Posts: 2,117
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my local news ran a story tonight that said basically that the bulk of used items will be ok. The only used items listed as illegal to sell are used items whose new counterparts are found to contain lead or other banned chemicals. The story was far too brief and very short on details, but the overall theme of the story was that shops and sellers dont have to worry.
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01-09-2009, 09:12 PM | #307 |
Banned
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01-09-2009, 09:45 PM | #308 |
Crimson Guard
Join Date: Sep 2008
Location: WA State
Posts: 348
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Quote:
Well, isn't a ban necessarily retroactive? I mean, if we pass a law saying that stores cannot sell automatic rifles, shouldn't that apply to all automatic rifles, regardless of the manufacture date? Same principle applies here. Congress has banned the selling of toys deemed to be dangerous (whether they are actually dangerous is another discussion). When they are manufactured should not be relevant. |
01-09-2009, 09:53 PM | #309 |
Cobra Officer, 1st Lt.
Join Date: May 2008
Location: Denver
Posts: 446
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Quote:
You are right, the original story on the first page of this thread completely exaggerates the effects of this law. It will not be illegal to sell all children's items, just those that don't comply with federal saftey standards laid down in this new law. Unless testing shows more than 600 ppm of lead in Joes, we should all be fine.
For a better idea of what the actual effect of this law will have, check out this Wall Street Journal article: New Lead Rules May Crimp Those Thrift-Shop Bargains - WSJ.com Although this thread is highly interesting, it boils my temper. As it should all of our tempers. I favor Franks assessment, yet think PhilDpino is going for the extreme interpretation. (which is fine and may very well be correct). I think of this law as the Prohibition of the new century. And a gross misjudgment by our government. If followed through to its extreme consideration, this will grossly damage our already weakened economy. This law is directing its flame toward the average American and it shouldn't. The Consumer Product Safety Commission should be focusing their resources at the manufacturers of these products not the simple American or small business owner who tries to make a living reselling these items. I pray that big corporations (eBay, Hasbro and Mattel) fight this law as much as the common citizen. Many people buy products from these companies with faith that they have made a small investment in the product. This goes for children's clothing made by Gymboree and Children's Place. When we buy those products we think to ourselves that when little Sally and Bobby gets older, I will resell them in a garage sale or sell it to a Thrift store. Now we are so paranoid that we'd rather see these toys go into a landfill and destroy our ecosystem than going to another child or adult to enjoy them. This ridiculous law trickles down so much. 12,000 thrift stores owned by hard working Americans will close because they can't guarantee they won't be sued or hauled off to jail. More unemployed for this trying time. Why is it those citizens fault that companies like Hasbro and Mattel didn't secure the safety of their product. The ultimate responsibility of product safety standards lie in the hands of those that make them. Accountability is at the source not at the consumer. Hasbro and Mattel should want to obey the product safety laws not only because its the right thing to do but its a smart business thing to do. Again, I hope they look at this law as only persecuting the innocent consumer. Second hand values will plummet. Clothing like Gymboree sells for $80 in the store new yet has a second hand value of nearly half its original price if in good condition. This law will destroy that. How many people will pay that $80 if they know they don't have a 1/2 price return. Will Gymboree go bankrupt and their stylish and high quality clothes suffer? On this forum, the up-side would be to destroy the over exaggerated second hand value of current toys. Toys that are grabbed by scalpers or even the innocent Brian's Toys or BBTS that uses a collector price business model. As an American we have a constitutional right to a free society and that leads me to think a free market society. If I want to sell my possessions (toys) to another person, there should be no reason that prevents me unless there is other extreme reasons (i.e. laws protecting negligence [lawn darts come to mind] contraband products [the before mentioned lawn darts], drugs or other illegal items.) Personally, I think this law is a chump law. It won't hold up and there's no resources to monitor it. There's laws that protect media pirating and that still exists no matter how hard they create laws to stop it. (for the record I do not support piracy of music or movies). The prohibition didn't stop people from getting their booze. If anything it will give a new flavor to how we buy and resell our toys. Lets all hope that the powers at be overturn this law and we can live without fear. |
01-09-2009, 10:32 PM | #310 |
Free Agent
Join Date: Mar 2008
Location: Houston
Posts: 1,082
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Even more specific, reference this clarification from the source:
Quote:
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 than 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. 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. --- Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years. To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov. |
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