Resale of Children's Items

[Guest guest]

I remember seeing that this was brought up recently but couldn't find

the thread... I receive these CPSC email updates about recalls and

such and just wanted to pass this one on for further info on the lead

issue:

 

" CPSC Clarifies Requirements of New Children's Product Safety Laws

Taking Effect in February

 

NEWS from CPSC

U.S. Consumer Product Safety Commission

Office of Information and Public Affairs

Washington, DC 20207

 

FOR IMMEDIATE RELEASE

January 8, 2009

Release #09-086

 

CPSC Recall Hotline: (800) 638-2772

CPSC Media Contact: (301) 504-7908

 

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 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.

 

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.

 

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 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.

 

To see this release on CPSC's web site, please go to:

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html "