More of a can I sell this question....

[Former_Member]

I'm not able to find an answer in the terms section and wondered if anyone can help. I have a tortoise shell cigarette holder (or card holder if you prefer), it is dated 1897, so it does follow the legal guidelines of selling genuine tortoise shell. My question is-can I list it here?

[TheHeatherWells]

I think they say anything older than 1980 can be considered vintage, but your item seems antique.

I am unsure... Sorry I couldn't be more help.

[Former_Member]

All I have listed on my newbie shop so far are vintage pieces -- my understanding of the Etsy rules is that non-handmade items must be at least 20 years old to qualify as "vintage" for listing purposes. Somebody PLEASE correct me if I've misunderstood that rule. I've been passionate about creating things since before I could talk but despite the best intentions, I haven't yet mustered the courage to list any of my own creations. Baby steps . . .

[Former_Member]

thanks Junquezone. my biggest question is about the legality of it.

list your stuff-you should go for it!

[Former_Member]

As a non-practising attorney (at the moment) I totally understand. The legal issues are kind of tricky - and I'm in the unfortunate position to know enough to know there is a lot I am not aware of that could hurt me! I can't give you individual legal advice but check out the website of the Antique Tribal Art Dealers Association at http://www.atada.org/Art_and_the_Law.html. It says " Items made of endangered species less than 100 years old are not legal to sell." If you know for sure that yours is over 100 years old, you might be OK. See: Endangered Species Act of 1973 (ESA) (16 U.S.C.A. §§ 1531-1543)
Materials from endangered species were – and occasionally still are - used to decorate American Indian and other forms of tribal art. Thus it is necessary for collectors and dealers to understand the material used in their art and, where materials utilize endangered species, to be prepared to prove that the artifacts are more than 100 years old.

For example, "tortoiseshell" is sometimes a pseudonym for the shell of the Howell's Turtle, an endangered species. In 2003, it was possible to find many examples of artifacts made from "tortoiseshell" offered for sale on e-Bay. The U.S. Fish and Wildlife Service urged e-Bay management to stop this practice. In recent searches of eBay, ATADA found no prohibited items, although some items were listed as "tortoiseshell" that appeared to be made from artificial material.
For current information on the Endangered Species Act, visit the US Fish and Wildlife Service site, http://endangered.fws.gov/wildlife.html#Species.

You might also search Findlaw.com when you have legal questions.

Hey, maybe I should be a legal resource for etsians. What do you think? The lawyer is in, $5.00 per consultation!

Now my question: I am wondering if anyone has experience with regulations regarding the sale of upcycled clothing and items made from used clothing and cloth? I already know about the pending law about lead testing regarding zippers and snaps in children's clothes for kids under 12.
Thanks!
- Barbara