View Full Version : Second hand/handmade clothing banned in the US as of Feb 10?
01-05-2009, 03:12 PM
Has anyone heard this?
Here's a link to a LA Times article about it:
From what I understand, this means no more eBay, Etsy, cosignment stores, Salvation Army stores, etc, unless they start testing their clothing.
And the prices for the test kits are crazy!
Is this insane??
Thankfully, I'm in Canada...but this will still affect me. I buy a LOT of clothing for my DD from eBay and Etsy!
01-05-2009, 03:22 PM
I imagine it could put a lot of church and senior citizens thrift stores out of business. Hope they get an injunction to stop it; it's a restraint on free trade and it should be applied to government regulations as well as other businesses.
01-05-2009, 03:26 PM
I've heard about it-it sounds crazy, so I hope that maybe everybody is misunderstanding? I just had a baby and was counting on getting a lot of clothing second hand, so if it is how it sounds, the timing stinks.
01-05-2009, 04:35 PM
It doesn't sound as if it will be banned, only required to undergo testing to make sure there is no lead present, and, the testing applies only to clothes for kids 12 years of age and younger...I see both sides of it. I mean if a parent bought an item of clothing from a thrift store and the child got lead poisoning from it, not only would an innocent child be in danger, but, I'm sure a costly lawsuit would follow. However, a lot of these small businesses can't afford the testing and as a result, would have to close shop because they wouldn't be able to conform to the law.
I think there should be some kind of break for thrift store owners, some sort of aid to help them cover the costs of testing. Or, simply stop selling clothing for kids under 12. but, then again, I'm sure the under 12's are where most of the business comes in.
I dunno, there's pros and cons to it.
It also doesn't look like it effects sites such as Etsy or Ebay either, only actual thrift stores. At least according to the article linked.
01-05-2009, 05:20 PM
It actually looks like it might affect ebay or etsy. Basically its saying that the new law passed through congress on a rush basis because of the recent rash of toy recalls is retro active and requires all products sold for children 12 and younger be tested for lead after 2/10 - whether they are new or used. This is not such a big problem for big manufacturers making new clothes and toys because they can afford the testing. The problem is that small hand crafters and stores specializing in selling used products don't have the funds to do the testing. I think that's ridiculous and I hope the law is reviewed and re-written. Unfortunatley, it will take an act of Congress and we know how that goes. I tend to think the law won't be heavily enforced when it comes to thrift stores, ebay, etsy, et al though.
01-05-2009, 08:19 PM
In PA, realtors are required to let you know that there COULD be lead-based paints in homes built before lead-based paints were banned. Wouldn't it be possible to have re-sellers include flyers (if by mail) or notices on the wall (if a bricks-and-mortar store) to cover everything? Of course, getting that change requires the act of congress someone else mentioned.
I think this is going to cause all sorts of problems with people turning to used clothing in this economy. Does Obama still have that suggestions website up somewhere?
01-05-2009, 11:29 PM
I tend to think the law won't be heavily enforced when it comes to thrift stores, ebay, etsy, et al though.
Yeah, I just don't see how they could possibly track every sale from sites such as Etsy or Ebay. Even if so, the most they could do is require no items be sold geared towards kids 12 and under. Sounds like this law is going to be one huge headache. I mean I understand the intent of the law, but, the execution is already a disaster. Being a mom, I'm glad to know congress is willing to take necessary steps to protect kids from the dangers of lead, but, as a mom also severly suffering from the effects of the economy, I think the way they are going about doing this is incredibly sloppy.
I'd rather sign a consent form at a thrift store acknowledging they sell items geared towards kids 12 and under that may contain lead than have some rush job of a law passed that will have detrimental effects on millions of people.
01-06-2009, 09:23 AM
Yeah...I think banning it is a little harsh...the thing is, you can buy things NEW that have lead in them...
Thrift shops are a necessity in my opinion...making it hard on them, will make it even harder on the ppl that need them....
That and there are sometimes amazing things to be bought in these stores. And lord knows I have had a brand new thing head out to the Sally Ann every now and again...just cause I bought it and it didn't fit...*shrugs*
I agree with Demonica, I would rather sign a waiver form....
01-07-2009, 01:39 PM
Wow, interesting..There goes my wardrobe!!!!! I can fit into kids size 12 and just picked up a pair of Von Dutch jeans for 2 bucks!!!! Not to mention I send bags of "little girls" stuff to GW montly...
I fit into a kids size 12 too. :D Jeans mostly. I'm thinking the last pair of jeans I got will be the last pair of jeans I can afford. This law is too silly to make sense. They will have to rewrite it from the bottom up. Not likely to happen so I forsee many, many years of misery ahead. This affects charities like The Linus Project as well. I don't know that places like that will be allowed to accept or distribute donations anymore.
Jan in CA
01-07-2009, 02:39 PM
How does this affect us making stuff for charity? Is it okay for sweaters sent out of the country?
I doubt it affects anything sent out of the country. Project Linus is aware of this law and said that they would post any information on their website - if anything should change for them. Under this law, they would not be able to accept a donation that wasn't tested first and the knitter/crocheter/quilter sure isn't going to pay for the testing of each and every item donated. I could not afford to donate if I had to pay like a hundred bucks per blanket I made. What I don't think it affects is the trading of hand-me-down clothing back and forth in families and friends. Even if it did, there's no way to control something like that.
01-07-2009, 03:13 PM
It just seems so silly to me that when a lady at church has a baby, that the other ladies whose children are grown would be prohibited from passing over handy me downs... and I too wonder how they could prevent it. The next thing they will tell us that we can't bake a cake or take some cookies to a new neighbor on the block without a permit (and tax) of some kind...:wall:
01-07-2009, 03:53 PM
It just seems so silly to me that when a lady at church has a baby, that the other ladies whose children are grown would be prohibited from passing over handy me downs... and I too wonder how they could prevent it. The next thing they will tell us that we can't bake a cake or take some cookies to a new neighbor on the block without a permit (and tax) of some kind...:wall::tap: yea makes no sense at all!!!!
Jan in CA
01-07-2009, 03:57 PM
I was searching for stories on this and came across this info. It's something at least and I'm sure more will be coming out as the days go by.
01-07-2009, 04:16 PM
I wonder if this applys to the Odd Ball Baby Blankets????????
01-07-2009, 07:33 PM
This is just another example of what happens when something is "rushed" thru congress. Those "in charge" don't research all the "fine print" and then we suffer the consequences. It's too bad that so often small business owners (like me) are left out in the cold.
BTW, I won't be effected in my business by this new law, however there will be other "changes" taking affect in the future that my family and I will have to deal with. I hope we can persevere and continue to run our small businesses.
01-07-2009, 11:07 PM
I sell my kids used clothing on ebay. That is how I afford to buy the next season of clothing for them. What am I supposed to do with all of it? Toss it in the garbage?
01-07-2009, 11:09 PM
Instead of affecting all of us little people, why not bring the manufacturing back here? It would mean jobs and we could trust what we buy. China can then go take a hike!
I know, it's cheaper to outsource, but at what cost? Kwim?
01-08-2009, 02:46 AM
So the little consignment stores that make it possible for some parents to have nice clothing for their kids will be closing, while at the same time, manufacturers will use this as an excuse to increase the sell price of clothing on their shelves.
If someone else wrote that first, I apologise, but it really ticks me off.
01-09-2009, 05:31 PM
Huh? :hair: This is a terrible idea! Talk about 'BIG BROTHER' syndrome!
Thanks for passing along the link!
01-09-2009, 08:21 PM
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.
01-09-2009, 11:15 PM
So would people who make handmade items (as long as the items aren't in consignment stores) be exempt then? I didn't see any mention of that, only resellers, consignment stores, and thrift shops.
01-10-2009, 01:26 PM
Seems a little overkill to me. There are so many struggling people that depend on places like Salvation Army to clothe their children.
People have been doing thrift stores and Salvation Army for so many years, and I haven't heard of anyone getting sick from it.
Plus- it is a really big thing now to buy second-hand from trendy little shops that are all over the place in my area. Mostly they sell brand-names and things that are more recent. Don't see them selling any handmade stuff or liesure suits. In fact, I saw on the news that these places are booming due to the recession.