While we applaud the 1 year delay in implementing the testing requirements for new items, CPSIA immediately put resellers in a bad spot.
Products that were legal when they were made, legal when they were sold the first time, and legal when they were consigned before February 10, became problematic for resellers over night. The authors of the handbook are trying to help, we'll give them credit for that.
But for this reseller at least, they don't accomplish their lofty goal very well. On page 3 they tell us that resellers "cannot knowingly sell products that do not meet the requirements of the law. But wait, there's more. On page 4 they try to console us again, "If you should happen to sell or offer for sale a product in violation of the CPSIA or other law, CPSC's response will vary depending upon the circumstances The Commission's response would also take into account the fact that you may be a small business.
CPSC's goal is to help you to avoid future violations and protect your customers, not to put you out of business. First, it's too subjective and too vague. So what is the CPSC promising me? Or only 1 year in jail? Maybe they would only slap our hands for the first offense -- but what about the State Attorney Generals' Offices, who also have jurisdiction now? They are not bound to what the CPSC is promising. And what about civil suits? We can still be sued for violating this law, intentionally or not No, I'm just not feeling comforted by their promising words.
And on page 6, they go back to the choices we have as Resellers under this new law, as we consider each and every used product that comes through our doors: We can test, we can not accept, we can use our best judgment about the product, or we can contact the manufacturer.
Oh, and be sure to check the recall list for each of them, while we're at it. Have any of you ever worked in one, or owned one? Yeah, that's pretty much what I thought. First of all, let's start with the most ludicrous of the above choices: "Use your best judgment based on your knowledge of the product" I'm not even sure what to make of that statement! Will my best judgment stand up in court? I'm not a chemist How can I possibly look at a product and be able to judge whether it has lead or phthalates?
I've asked for a list of things that might be safe, and they can't provide it, so how could I possibly know? Are CDs safe? Are video tapes? Are the educational games or puzzles that just came in?
I would have absolutely no way of knowing on any of those. If it's so easy, why don't they tell us? And then there's the choice to contact the Manufacturers of these products How much money do they think we make off each of these products, that they think we would have time to contact the Manufacturers for each and every problematic item?
And since we also can't afford testing anything that we deal with in our Consignment store, that only leaves one bad choice: Don't accept the product. The link you selected is for a destination outside of the Federal Government. CPSC does not control this external site or its privacy policy and cannot attest to the accuracy of the information it contains.
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Chinese, Simplified English Korean French. Where can I find additional information? For more information, please contact the U. Consumer Product Safety Commission: Office of Compliance for specific enforcement inquires : e-mail: section15 cpsc. Small Business Ombudsman for general assistance understanding and complying with CPSC regulations : e-mail: Please use our Contact Form , which is the best way to get a fast response; telephone: Children's Sleepwear Safety Alert.
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