CPSIA Exemptions - resellers

[segparsons]

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

[Former_Member]

but do you manipulate your supplies in to a new product? Then you are a manufacturer. Least thats the way I take it.

[segparsons]

if I purchase yarn at Walmart and manipulate into a hat. I am not changing or adding anything that wasn't already approved.

Did you read the article in the link ?

[Former_Member]

Then Scrabble tiles should be safe, right? They come from the board game.

[Former_Member]

they are only exempted from third party testing.

resellers are still responsible for the items they sell, and will be held accountable for anything that exceeds lead content regulation.

it's important to remember that, as well.

[segparsons]

this new law is for items for children 12 and under

[Former_Member]

This is an idea that has been tossed around a bit. I suppose if I think about it, I don't dye the ribbon, I don't produce the metal barrette. I just put it all together with thread and non toxic glue. I guess there could be a chemical change when my ribbon makes contact with the glue. Or the metal and then glue...

I do know when I purchase things with my tax ID, I check 'reseller' on the form, and according to the state of Texas, I'm a reseller. :0)

[Former_Member]

Is true,we don't made fusions we only cut, sew, knit and there is not lead in our hands

[Former_Member]

I think under the new law you would be considered a manufacture since the fabric and other items you are purchasing are then used,modified etc. to make a "finished product" so will probably need to test if law is not changed. Scroll down to FAQ 1-
http://www.thesmartmama.com/bg/

[Former_Member]

segparsons says:
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
_______________________________________

Thifts and consignments are NOT exempt from the law. They are not required to test, however they still must comply with the law. If they are found to be selling non compliant items then they are still able to be prosecuted to the full extent of the law. They are FAR from exempt.

Also you are NOT a reseller. If you buy a yard of fabric or a ball of yarn from Walmart and re-sell the meter of fabric or ball of yarn untouched and in the original state in which you bought it *as a yard of fabric or a ball of yarn* then you are a reseller, but as soon as you make something from the fabric you are a manufacturer. You are liable for testing. You can look for any loophole you want, but it isn`t there. Plain and simple you are using a material and-or supply to make a useful item, this defines you as a manufacturer of a finished item, which, if targeted for a person 12 years of age or under is required to be tested and in compliance with the law.

[Former_Member]

FWIW, I know I'm not a reseller.

[KGarnerDesigns]

Resale shops are NOT exepmt. This was a PRESS RELEASE issued by the CPSC, nothing was amended to relieve them of liability if they're caught selling a non compliant item.

A gimmick to take some of the pressure off, if you ask me.

[segparsons]

Hipmelon, The paragraph below is from the CPSC article.




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.

If I go into a thrift store and buy a used dress for my daughter, did the shop have to have it tested ?? The dress that cost me 3.00 ? Say it has plastic buttons on it ?

I'm glad that you are so knowledgable with this US law.

I am a considered a reseller. The products I purchase from the craft store are tested. My sewing material together with 100% unbleached cotton thread is not considered being a manufacturer. This law was intended to go after retailers like Walmart, that have thier products manufactured out of the US. Did you know that ALL of Old Navy products are made in other countries ?

Whatever, I'm not getting into a spitting contest. I was forwarded this article. I thought it would help calm peoples fears.

[threeyellowstarfish]

What do you have to do to "officially" be a reseller..like you know when you go to court to obtain a sole propriotorship or LLC, whats the one for resale? (probably a stupid questtion, i know) :)

[Former_Member]

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

[MooreMagnets]

segparsons said:
The products I purchase from the craft store are tested.

-------------------------

Are you sure? How do you know this? Did the craft store give you something? If so, tons of people here could benefit from that!!

[qbranchltd]

We are all grabbing toward anything that floats before we drown. Until CPSC clarifies something - anything - there are going to be a lot of ideas about what is ok and what is not. There have been NO legal interpretations of this law, no test cases, and no cooperation from CPSC to define anything clearly or respond to questions directly.

Technically, we are all resellers in the sense that we buy supplies and resell them but in another form - which is assembly and not necessarily manufacture. But no one has made any official clarification that any of this means anything. It would be a simple thing to come out and officially say if you make something from non-toxic materials that item is not covered under the law, but they have not said this. If it was that easy it would stop the bombardment of email and letters to officials across the country. But they still do not say this. Until they do we are still drowning and waiting for the real life preserver to be thrown into the water.

[TheRusticHome]

We are being called "Assemblers" not manufacturers.
If you are using supplies that are already packaged, etc.
This law was not written well and will need revising, and local govt. has already stated it is geared towards LARGE manufacturers such as China, etc.
You do need to make sure that your suppliers are getting items that have been tested, etc. and have certificates from the manufacturer.
If you are starting with raw products that YOU make, then that is a different story. This supplier has some very good info.

http://www.dharmatrading.com/html/eng/6569694-AA.shtml

[Former_Member]

segparsons.

Have you read the law yourself. Here is the official press release by the CPSIA regarding thrifts. They are exempt from testing but they still MUST COMPLY. It`s pretty clear. What you are choosing to see, read and post for all others while saying it is no big deal, is only half the story. You need to read it all. I realize that the article was forwarded to you, but you see, half the problem is that the media is only reporting half the story. The part that looks good. They are not showing the full paragraphs, the full answers to questions.

I encourage you to go to the CPSA website and read through the entire section with regards to the CPSIA. There is a LOT more than the media is reporting.

http://cpsc.gov/cpscpub/prerel/prhtml09/09086.html

Read specifically...Paragraph 4

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.

___________________________________

No matter what you want to believe you ARE a manufacturer. Talk to an attorney. Check out the smart mama blog. She is an attorney specializing in manufacturing and product labelling. Clear as day...You are a manufacturer.

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

CPSIA FAQ #1: Am I the manufacturer?
Sunday, 11 January 2009


I've been deluged with emails about the Consumer Product Safety Improvement Act (CPSIA). So, I though I would do a series of answers based upon the frequently asked questions I've received. This is first in the series.

Before I start, just keep in mind that this is for general discussion purposes and is not intended as legal advice. If you have questions about your products or compliance with the CPSIA, you should retain an attorney to advise you.

CPSIA FAQ #1: Okay, the number one question I get is how can I be the manufacturer, I just embellish or personalize or add ribbons or add silkscreens or whatever and I buy my materials from some nationally recognized retailer or some iteration of that.

Yes, you are the manufacturer even if you by blank t-shirts or onesies and "just add to it." You must comply with the CPSIA obligations for manufacturers, including certifying for lead content in children's products for those items manufactured after February 10, 2009.

Under the Consumer Product Safety Act, the term "manufacturer" means "any person who manufactures or imports a consumer product." The term "manufactured" is defined to mean "to manufacture, produce, or assemble." So, if you take a blank t-shirt and add rhinestones to sell it, or take a natural unfinished wood toy and paint it to sell, you are the manufacturer. if you buy fabric from a craft store and sew it to make a dress you then sell, you are the manufacturer.

You are also the "manufacturer" if you are the importer of a finished item. The importer of a finished foreign produced item has the same responsibilities as the manufacturer of a domestically produced item.

[birdylegs]

You are not a reseller segparsons. Even retail stores are not considered resellers and they do nothing other than unload product from boxes and put it on their shelves. When the article uses the term resellers, they mean thrift and consignment shops that sell used items. I know it is hard to believe that the law could be so stupid and far reaching, but it is true. The resellers will not be required to test their products, yet they are still liable if they sell something that exceeds the lead limit. It's completely asinine because they don't know that items don't exceed the lead limit unless they test.

[Former_Member]

TheRusticHome

It does not matter what anyone else states. If you end up in court because the CPSIA feels you violated their law, a statement from Dharma`s website stating you are not a manufacturer will hold no water. It is the CPSIA that enforces the law, not Dharma. It matters what the CPSIA states. The CPSIA considers you a manufacturer whether you create things from scratch or whether you buy a t-shirt from a supplier and embroider on it. You are a manufacturer regardless of whether you are a one person company or a 500 person company. The CPSIA defines all of us as manufacturers.

[Dannielle]

qbranchltd says:
We are all grabbing toward anything that floats before we drown. Until CPSC clarifies something - anything - there are going to be a lot of ideas about what is ok and what is not. There have been NO legal interpretations of this law, no test cases, and no cooperation from CPSC to define anything clearly or respond to questions directly.

****************************************

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

[TheRusticHome]

The bottom line is that this law is going to go thru several revisions. Sellers just need to decide if they are going to remain open or shut down.
MANY laws for children's products have been in effect for years but they are now becoming more strict.
These laws are geared towards all of the tainted items being imported into the U.S.

They are not going to start hunting down Etsy sellers, especially if you are using suppliers who are carrying items from manufacturers who have certificates, etc.

I wish people would stop posting things and scaring people, without truly knowing the law.
It is a brand new law, and the first thing it is going to crack down on is the importers like China and large retailers like Walmart, etc.

Be aware of what you are using and check with suppliers to see who they are getting supplies from as well.
Again, this company is doing what they need to do.

http://www.dharmatrading.com/html/eng/6569694-AA.shtml

[Former_Member]

I am seeking legal counsel today for interpretation of this law and how it effects my business. I much rather rely on competent legal personnel to help me decide which direction I need to take.

[TheRusticHome]

HipMelon says:
TheRusticHome

It does not matter what anyone else states. If you end up in court because the CPSIA feels you violated their law, a statement from Dharma`s website stating you are not a manufacturer will hold no water. It is the CPSIA that enforces the law, not Dharma. It matters what the CPSIA states. The CPSIA considers you a manufacturer whether you create things from scratch or whether you buy a t-shirt from a supplier and embroider on it. You are a manufacturer regardless of whether you are a one person company or a 500 person company. The CPSIA defines all of us as manufacturers.


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.