Used toys illegal?!

[VT 1010]

Yack De Culture!!!

I'm surprised this hasn't been discussed yet.

http://www.toyark.com/news/general-toy-new...s-products-522/

A new federal law is raising concerns and questions across the United States. On February 10, 2009 it will be illegal to re-sell any used children's products including toys and clothing. That is according to the U.S. Consumer Protection & Safety Commission who pushed for the new laws after dozens of toys were recalled in 2008 because of lead concerns.

Toys, clothing and other items used by children under 12 will be subjected to lead testing and will have to have labels on them to prove that they have passed inspection. What is raising the ire of parents and business owners far and wide is what this will mean to clothing, toys and other children products made before February 10, 2009. Gary Walthall, the owner of Once upon a Child, a resale shop specializing in children's clothing and other items, is afraid that he'll have to close up shop.

Adding to the confusion and frustration is the fact that the U.S. Consumer Products and Safety Commission is not returning calls or e-mails to the countless re-salers and even journalists who have tried in vain to get clarification on what the law means to garage sales and how it will be enforced.

Not only does this affect old toys, but importing new Macross figures as well. This law also applies to all childrens' products. There goes a whole industry... At least Big Brother has our best interest in mind.

I wonder how much a Low-Viz will sell for on the black market.

[sharky]

At least for Macross items I would think that since they are not intended for children under 12, this law will not apply. I wonder how this will affect the ebay market. I also collect various toys such as action figures, etc. These would be considered for children under 12. This totally sucks. I wonder if a person can claim some sort of "collectible" designation for selling toys thus re-defining the item for persons above 12 years old.

[Knight26]

Dr Bindy on Joecustoms already read the law, and he is a lawyer, and is convinced that this is nothing to worry about. Basically it really only applies to toys manufactured during the recall scares last year. At the very worst it will hit some resell retailers, and anything labelled an adult collectible or for ages 13+ won't be affected either.

[TheLoneWolf]

Bullsh1t.

It's just sensationalist journalism and doesn't apply to anyone here. Nowhere does it call for blanket prohibition on all used toys. It just means that after 2/10/2009, all children's products sold by retailers must comply with the new lead limit of 600 parts per million.

Here are quotes from the actual legislation:

SEC. 101. CHILDREN’S PRODUCTS CONTAINING LEAD; LEAD PAINT

RULE.

(a) GENERAL LEAD BAN.—

(1) TREATMENT AS A BANNED HAZARDOUS SUBSTANCE.—

Except as expressly provided in subsection (b) beginning on

the dates provided in paragraph (2), any children’s product

(as defined in section 3(a)(16) of the Consumer Product Safety

Act (15 U.S.C. 2052(a)(16))) that contains more lead than the

limit established by paragraph (2) shall be treated as a banned

hazardous substance under the Federal Hazardous Substances

Act (15 U.S.C. 1261 et seq.).

(2) LEAD LIMIT.—

(A) 600 PARTS PER MILLION.—Except as provided in

subparagraphs (B), ©, (D), and (E), beginning 180 days

after the date of enactment of this Act, the lead limit

referred to in paragraph (1) is 600 parts per million total

lead content by weight for any part of the product.

So are Yamato/Bandai Macross toys considered children's products? No, because they don't meet the guidelines to be considered children's toys. See below.

(e) DEFINITIONS.—

(1) DEFINED TERMS.—As used in this section:

...

(B) The term ‘‘children’s toy’’ means a consumer

product designed or intended by the manufacturer for a

child 12 years of age or younger for use by the child

when the child plays.

(2) DETERMINATION GUIDELINES.—

(A) AGE.—In determining whether products described

in paragraph (1) are designed or intended for use by a

child of the ages specified, the following factors shall be

considered:

(i) A statement by a manufacturer about the

intended use of such product, including a label on

such product if such statement is reasonable.

(ii) Whether the product is represented in its packaging,

display, promotion, or advertising as appropriate

for use by children of the ages specified.

(iii) Whether the product is commonly recognized

by consumers as being intended for use by a child

of the ages specified.

Does this legislation effect us if we wish to sell children's toys on ebay? No, because as private individuals, we don't meet the criteria to be consider a retailer under this particular piece of legislation. See below.

(ii) The term ‘retailer’ has the meaning given

that term in section 3 of the Consumer Product Safety

Act (15 U.S.C. 2052), but does not include an individual

whose selling activity is intermittent and does not

constitute a trade or business.

Finally, this legislation can be rendered toothless if your domiciliary state can demonstrate that it's an undue burden.

(h) RULEMAKING TO CONSIDER EXEMPTION FROM PREEMPTION.—

...

(B) does not unduly burden interstate commerce.

In determining the burden, if any, of a State or political subdivision

standard or regulation on interstate commerce, the

Commission shall consider and make appropriate (as determined

by the Commission in its discretion) findings on the

technological and economic feasibility of complying with such

standard or regulation, the cost of complying with such

standard or regulation, the geographic distribution of the consumer

product to which the standard or regulation would apply,

the probability of other States or political subdivisions applying

for an exemption under this subsection for a similar standard

or regulation, and the need for a national, uniform standard

under this Act for such consumer product.

So there's nothing to worry about, just some desperate or ignorant news sites looking for you to click on their articles.

[Dante74]

Allready being discussed here.