[Grovenet] Resale, Antique, & Toymakers

Mon Feb 9 13:27:18 PST 2009

--New Direction - new thread name -- Was Save Resale Shops

There's still a few days left on this...

This CPSC news release (clarified) is still rather un-clear as to the
real effect on THRIFT and 2nd HAND resale and ANTIQUE stores.

However if one reads the law first, (Linked on the CPSC website and not
too difficult reading), then reads the two news releases (This one we're
familiar with, and the enforcement one, lower in this post) one can draw
some sense of clarity.

This law is written regarding Children's (12 yrs and under) products
(Toys and care items -- Cribs, walkers, clothing, blankets, jewlery,
etc.) 

This 'clarification' news release, seems to specifically deal with the
2nd hand market, but the use of the words retailer, reseller and seller
randomly throughout the document are a source of  ambiguity.

What is clear:

Retailers of either new or 2nd hand goods are not required to CERTIFY OR
TEST anything. That requirement applies only manufacturers and
importers. Specifically and redundantly mentioned are Thrift and 2nd
hand resellers. 

The penalties for selling products in violation of the lead content are
applicable to ALL retailers. The enforcement doc specifies some leniency
toward 2nd hand operations that are in good faith trying to comply. That
said, there's a large task imposed in screening for lead... I expect
dumpsters & refusal to accept painted donations being the method of
choice here.

There seem to be no penalties for retailing children's products that
don't meet the new safety standards, as the burden of meeting the
standards are placed on the manufacturer or importer. The recall list
still applies.

Wholesalers seem to be exempt, as only manufacturers, importers and
retailers are specifically required to comply. Wholesalers will no doubt
have inventory that will be passed on to retailers who may get stuck
holding the bag. Retailers are warned in the text to screen for products
that will be illegal to sell before purchasing stock. 

The antique & collectible industry is not exempted in the resale of
antique toys. Metal, wood and plastic tractors and cars, jack-in the
boxes, kaleidoscopes, dolls, army figurines (toy soldiers), etc. The
paints and decorations likely do contain lead. If you don't test them,
and you sell them, you stand a huge chance of being in violation. Never
mind the target audience is unlikely young children at the price you'll
pay.
If it WAS a childs toy, it still is.
It would be nice to have at least a partial exemption, for instance
non-devaluing labling. Perhaps something such as: “This product is
probably unsafe for children under 12yrs of age. Antiques and
collectibles were manufactured before safety concerns regarding part
size, lead and chemical content were known and considered. This product
probably fails current safety standards.” Request exemption now- See
Bottom of post!

This law also affects the cottage industry : Children's toy and craft
makers would be manufacturers and carry extra burdens (Manufacture and
manufacturing are defined) unless somehow they are not legally
manufacturers and specifically excluded elsewhere, but I don't know
where one would look. 

They must CERTIFY that their products meet the new safety requirements
and lead / specific phthalates content. They must also brand/label their
products for positive ID back to the maker, batch & run. Phthalates are
plasticisers used in a huge variety of coatings, adhesives and plastics.
See Natural materials list @ bottom.

Knowledge of the product safety law, & careful selection and record
keeping (date, brand, batch#) regarding the use of fibers, materials,
adhesives, paints, & coatings used is the only (unofficial) recourse the
average toy/sweater maker will have, regarding certification. The only
approved method, that of 3rd party destructive testing is
out-of-the-question cost prohibitive.

--------------- Additional Information ---------------------

Enforcement policy:
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09120.html

...snip

In an effort to provide clear and reasonable guidance to those impacted
by this important law, the U.S. Consumer Product Safety Commission
(CPSC) is announcing its enforcement policy on the lead limits
established by the CPSIA. 

Manufacturers, importers, distributors, and retailers should also be
aware that CPSC will:

      * Not impose penalties against anyone for making, importing,
        distributing, or selling

              * a children’s product to the extent that it is made of
                certain natural materials, such as wood, cotton, wool,
                or certain metals and alloys which the Commission has
                recognized rarely, if ever, contain lead; 

              * an ordinary children’s book printed after 1985; or 

              * dyed or undyed textiles (not including leather, vinyl or
                PVC) and non-metallic thread and trim used in children’s
                apparel and other fabric products, such as baby
                blankets.

                (The Commission generally will not prosecute someone for
                making, selling or distributing items in these
                categories even if it turns out that such an item
                actually contains more than 600 ppm lead.)

        Sellers will not be immune from prosecution if CPSC’s Office of
        Compliance finds that someone had actual knowledge that one of
        these children’s products contained more than 600 ppm lead or
        continued to make, import, distribute or sell such a product
        after being put on notice. Agency staff will seek recalls of
        violative children’s products or other corrective actions, where
        appropriate.

Snip...

Natural materials link
http://www.cpsc.gov/businfo/frnotices/fr09/leadlimits.pdf

snip...

1. Precious gemstones: Diamond,
ruby, sapphire, emerald
2. Certain semiprecious gemstones excluding:
but are not limited to, the following:
Aragonite, bayldonite, boleite, cerussite,
crocoite, linarite, mimetite, phosgenite, vanadinite, and wulfenite)

3. Natural or cultured pearls
4. Wood
5. Natural fibers such as cotton, silk,wool, hemp, flax, linen
6. Other natural materials including
coral, amber, feathers, fur, untreatedleather
7. Metals:
1. Surgical steel
2. Precious metals: Gold (at least 10
karat); sterling silver (at least 925/1000);
platinum; palladium; rhodium; osmium;
iridium; ruthenium
NO Other Metals

... more...

In addition, the Commission
seeks comments on:
• Other natural fibers that would not exceed the lead content limits
• Other natural materials that would not exceed the lead content limits
• Other metals or alloys that would not exceed the lead content limits
• Other materials, which by their nature, would not exceed the lead
content limits.

Comments should be e-mailed to

Sec101Determinations at cpsc.gov

Comments should be captioned
‘‘Section 101 Determinations of Certain
Materials or Products NPR.’’ Comments
may also be mailed, preferably in five
copies, to the Office of the Secretary,
Consumer Product Safety Commission,
Room 502, 4330 East West Highway,
Bethesda, Maryland 20814, or delivered
to the same address (telephone (301)
504–7923). Comments also may be filed
by facsimile to (301) 504–0127. All
comments and submissions should be
received no later than February 17,
2009.

The above is a request for comment on materials or products covered in
this regulation BUT is an open comment forum to the CPSC. This
regulation affects the antique & collectible toy industry. Therefore
requests for exemption of the antique industry to these rules might as
well go here. Unless one knows of a better place. Get 'em in NOW.

--
Scott
Usually lurking- seldom seen