AWITCH says:
I know this is a stupid question...but if tha law is aplicable to THE USA...can't you be selling to europe and the rest of the world the products you have already handmade? There are people from all over the world on etsy..and the internet has no boundries....so how can it affect you?
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Unforturnately no. The way the US government has stated that any untest child's item shall be deemed a "hazardous sustance". The US Postal system has been required not ship any items the CPSC or other government agencies deem to be a "hazardous sustance". Thus law makes it illegal for that untested item to cross state borders through US mail and possible other private carriers, except when it's being sent to a lab for testing. With no way to legally ship an item how could a USA seller send the item out of the country?
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AWITCH says:
is it an etsy obligation to follow the rule?
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I'm not sure if the TOU is different for each county that ETSY services but it does say this in the TOU I have access to.
"Restricted Activities: Your Content and your use of Etsy shall not: ...
4. Violate this Agreement, The DOs & DON'Ts of Etsy, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall"
Since the CPSC has more or less said no testing = hazardous, even without the recall notice it still fullfills most of the the TOU's criteria of what not to sell.
Does that mean an international seller can not sell items within their own country or region that don't meet the CPSC laws, but does meet their own country's or regional laws? Probable yes, but it's best to check with ETSY admin after checking the TOU.