CPSIA Exemptions - resellers

[#1]

My friend forwarded me this article:
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

It states that consignment & thrift shops are exempt.

Resellers too.

I am a reseller, I purchase my supplies from retailers
(Walmart, Michaels, AC Moore)

I hope this calms some fears of sellers

[TheRusticHome]

I agree with RetroRugRats.

[Former_Member]

considering the CPSIA law does not allow component testing and does not take the certificates of materials manufacturers as proof, you will still need to re-test any finished product that you make using a *certified lead free* item you purchased form Dharma. It makes not a flying freaking difference to the CPSIA whether or not the company making the blank t-shirt has certified it lead free. They want the last in line to do the testing even if it is redundant.

Sucks, but it`s the truth.

We honestly are hoping for revisions, but no one knows if there will be any. it is all a great big mystery right now. That is what makes it so hard.

Stores like W-mart have been aware of this since last May and it`s been reported that as much as a few months ago they began refusing any shipments that were not certified by the manufacturers. These companies WILL be in compliance because they can afford to be. Make no mistakes, the CPSIA will be going after smaller manufacturers.

[Former_Member]

And YOU know this because you are a lawyer?
Or an employee of the CPSIA?

(sigh) People need to contact local govt. and get the best info. they can. And those who simply want to roll over need to do so and leave the rest of us alone.
So tired of the sellers who read a few paragraphs and think they are experts on this law. Like any other law, it will be revised and reworked, and people need to stop freaking out and do their homework properly and find out how the new laws effect THEIR products.
______________________________________

Um because it says so on the CPSIA website.

Have YOU read the law. Many of us have. Inside out, upside down and every which way until Tuesday.

[Former_Member]

Amen, RusticHome!

Trying to imagine a Work-At-Home mother being imprisoned for sewing children's products primarily made of cotton...is SO absurd.

[Former_Member]

Cutting and pasting matsutake`s post from page 2 citing the CPSA`s definition of manufacturer.

Note it states Manufactre, produce or ASSEMBLE. Even ic you are a retail store and you import an item manufactured outside of the country in the eyes of the CPSA YOU are the manufacturer of that item.

____________________________________

matsutake
matsutake says:
The original 1972 Consumer Product Safety Act defines it this way:

(10) MANUFACTURED.--The term ‘‘manufactured’’ means to
manufacture, produce, or assemble.
(11) MANUFACTURER.--The term ‘‘manufacturer’’ means any person who manufactures or imports a consumer product.


So if you assemble something from components, you are a manufacturer.
The link is http://www.cpsc.gov/businfo/cpsa.pdf
__________________________________________

Also thesmartmama, who IS an attorney in this actual area defines clearly what a manufacturer is.

the third entry on this page.

http://www.thesmartmama.com/bg/
_____________________________________________

Please tell me how the CPSA is incorrect as well as the smartmama, an attorney in this field.

[birdylegs]

Many of the people on here have contacted their local governments or sought help from legal council. To imply that others are rolling over is a little bit rude. Most of the posters here have been working hard to bring this matter to the attention of the media and their representatives. This is why the law will be looked over and most likely amended. I agree that some posters may seem a little over the top, but a lot of them are trying to do what they can to get everyone involved to make sure this law is amended.

[Former_Member]

retro...it is.

Grandmothers have been dragged through lengthy and expensive court cases for downloading music.

I had a personal friend fined $100,000.00 by Paramount for downloading a movie from a file sharing website.

99% of people will probably be fine...never get caught, but it would sure suck to be that 1% that does.

[qbranchltd]

"Stores like W-mart have been aware of this since last May and it`s been reported that as much as a few months ago they began refusing any shipments that were not certified by the manufacturers. These companies WILL be in compliance because they can afford to be."
________________________________________

I do not doubt or question this but new Spring and summer children's inventory in both the toy and clothes departments went onto the shelves at Walmart this week with no indication any place on the packaging or items that they were complaint with the law. All of it imports.

[Former_Member]

WHEN the law gets changed it will certainly not be becasue we`ve taken an *it is no big deal* attitude, it will be because we fought HARD to have it changed. Do you think that if we weren`t in such an uproar and so defensive and we just let the CPSIA do things on their own that it would get changed. Not in a million years.

The law will be amended and re read because WE fought for it to be. If we don`t fight, nothing will change.

[birdylegs]

And there are a lot of sellers here who have already been cut off from the boutiques they normally sell to at wholesale. Their business are already being impacted. Etsy isn't the only outlet for many sellers. So, while we all hope things change, until then most boutiques will not accept articles that have not been tested by the manufacturer.

[Former_Member]

Enough of this topic for me this morning. Heading off to create more beautiful products for children and await the response from my attorney.

[Former_Member]

I do not doubt or question this but new Spring and summer children's inventory in both the toy and clothes departments went onto the shelves at Walmart this week with no indication any place on the packaging or items that they were complaint with the law. All of it imports.
_________________________________

Labelling is not required until August, but they have been requesting certs be enclosed in each shipment. I can`t remember where I read it but the trail of links went right back to the top dogs. Right now all they need is to have the certs available.

[Former_Member]

Inventory on the Walmart shelves does not have to bear any sort of stamp or seal that it is CPSIA compliant. The certifications are filed with the retailer, ie, at the Walmart headquarters.

[Former_Member]

Plus most consumers will not notice any difference in apparel labelling since most countries already require all of the information that the CPSIA is now asking for. This part of the law when pertaining to apparel is nothing new. I have been required to permanently label my items since the inception of my business.

Say for instance if you look at a Gymboree or GAP-Old Nacy clothing label, it has pretty much everything required. I think Old Navy and GAP even use batch numbers already too.

[Former_Member]

just a note retro.

If the attorney you consulted does not have manufacturing and product labelling as his area of expertise you may want to also try an attorney who does specialize in that area.

Many attorneys have come right out and stated that they are unsure of how to interpret the law, it is that confusing.

thesmartmama, does specialize in this area and her blog is full of FREE information and interpretations of the law. It is a great read and it is encouraged that anyone that could be affected by the law check her out.

Here is her blog
http://www.thesmartmama.com/bg/index.php?option=com_frontpage&Itemid=1

And here are her credentials
http://www.thesmartmama.com/bg/index.php?option=com_content&task=view&id=6&Itemid=9

I am really not trying to be argumentative, just realistic. Many of us have spent an insane amount of time fact finding so that we can cite credible sources. We have contacted attorneys, read the law every which way and are trying to correct a lot of the misinformation and half truths being put out by the media.

[Former_Member]

And if you don`t think the CPSIA goes after the little people....read this

http://www.rescuemarketing.com/blog/2009/01/18/have-any-of-you-ever-endured-an-inspection-by-the-cps...

[Former_Member]

Holy crud, that's awful!

[Former_Member]

" The only entity that can interpret this law is the CPSC and they have not officially done so."

Actually, they have tried. In November they said their interpretation of the Phthalates ban was that it was not retroactive, and products in inventory could continue to be sold after Feb 10th, and the ban applied to products manufactured and sold after 2/10.

Not so fast, said Barbara Boxer- she told them they wrong, it had to be retroactive, she wrote the law and that was her intent.

And a consumer protection group sued them to make it retroactive:
http://lawprofessors.typepad.com/products_liability/files/cpsia__1.09_.pdf

As for the CPSC not going after the little guys, you really need to read the law. They don't have a choice. They have to set up a data base where anonymous complaints can be made, and an Inspector General is charged with making sure they investigate in a timely manner and do not practice selective reinforcement. The consumer advocacy special interest groups behind this law are demanding that NO EXEMPTIONS be made for small crafters, and they pretty much designed the anonymous complaint making aspect of the bill.
You think they aren't going to be going around looking to see who they can tattle on? They live for that kind of do-gooder meddling. It makes them feel noble.

Rep. Bishop's says the cpsia is Waxman's baby now, STORM HIS COMMITTEE OFFICE WITH CALLS! 202-225-2927

DO NOT let him get away with blaming the Commission for the confusion and havoc caused by the bill he and Bobby Rush wrote and proudly passed and defended. The Commission CANNOT undo the law. Waxman has refused to meet with the Commission to help them clarify his bill and figure out how to make it work without putting thousands of businesses out of the market (and not just small ones). It's his bill, his responsibility, he needs to fix it.