HOW will the CPSIA affect Canada

[Former_Member]

I've searched numerous sites for information on how this will affect my shop, and haven't found any answers ... does anyone know how this will affect Canadian sellers on Etsy?

[Former_Member]

You cannot send children's items into the US. You can sell everywhere else.

[Former_Member]

Etsy still hasn't made an official announcement on this but according to the TOS's we might not even be able to sell on here :-(

[Uneek4U]

It would be nice if ETSY could give us some idea as to what direction they are going. I don't want to restock my shop here, hoping to sell to other international destinations, only to have to pull everything in a couple of weeks.

Guess in the meantime I go back to adult items and keep fingers crossed.

[Former_Member]

Hmmm guess we are the only Canadians wondering - eh? ;-)

[Former_Member]

I think you would be within Etsy's TOU if you simply stated you could not and would not ship to the US. It would be nice to know what they will do with sellers within the US though..

[Former_Member]

I can't speak for foreign sellers, but in the virtual lab chat on Friday, Matt said Etsy was not going to close our shops down. I don't think they are going to shut down anyone's shop. They said they are not going to police us.

[chamekke]

Etsy's terms of use (http://www.etsy.com/terms_of_use.php) imply that they are not liable for any transactions of dubious legality that are carried out between seller or buyer. As far as I read it, the stated burden of legality seems to fall pretty squarely onto the seller.

That being the case, I'm not sure that Etsy's response is especially comforting.

[Former_Member]

Canadian sellers should be able to continue to sell children's items that are legal to sell in Canada, as long as they do not sell or ship to the United States.

TOU should not object to any item that is legal to sell in the countries that it is being sold in -- Canada and the rest of the world.

[Former_Member]

So does this mean that those of us shipping from the US can still ship Internationally without a problem?

[Former_Member]

let me look for a post I made ages ago regarding this subject. I will post the link.

With no regards to Etsy....As a Canadian you can still sell and ship items to Canadian consumers. You can still sell and ship to people living anywhere else in the world (provided the items aren't on the prohibited list for that country which is up to you to find out)

You will not be able to ship items into the USA unless they are tested and you enclose a GCC with the shipment.

http://www.etsy.com/forums_thread.php?thread_id=5988384

[TheTinyFig]

TutuCuteandMoore says:
So does this mean that those of us shipping from the US can still ship Internationally without a problem?

---
no, if you are in the US shipping to anywhere you must test to comply.

[Former_Member]

I hope they adjust this law, it seems like over kill.

[Former_Member]

I guess you could ship to someone who ordered and wait and see if fourty armed officers break down your door & haul you off to jail. Maybe risk extradition and an international incident? What do you all think would happen if 150,000 sellers chose to ignore a cumbersome and badly thought out rule?

[Former_Member]

TheTinyFig
TheTinyFig says:
TutuCuteandMoore says:
So does this mean that those of us shipping from the US can still ship Internationally without a problem?

---
no, if you are in the US shipping to anywhere you must test to comply.

____________

Are you sure about this? I was under the impression that this was about goods intended for the US market. I know I have heard stories about other items that were deemed unfit for sale here that were still successfully exported.

[TheTinyFig]

hellome, from what i've read if you are an american you must test to comply before selling to anyone in any country.

[Former_Member]

ditto what tinyfig said. Everything I can find leads me to believe that if you manufacture in the USA you need to comply to US law regardless of where you sell to.

[Former_Member]

How does this affect vintage sellers - I mean sellers selling vintage. I sell dolls toys etc from time to time I am aiming at the adult collector but I know these could be purchased for children.

[Former_Member]

I just read the FAQs on the CPSIA and vintage it seems is ok, the example they used was vintage books as people don't spend that kind of money investing in vintage to give to children for the most part.

[Former_Member]

When does this all come into effect , is it now or later or little by little any date?

[Former_Member]

what about all the threads claiming that the buyer is the importer, rather than the seller? So people in other countries can ship to the US without worrying about the US laws, because technically it's the buyer's responsibility?

I don't know if that's true, but a lot of people were saying it.

You have to comply with all the testing/labeling laws for wherever you're shipping the product to for resale, AND to all the manufacturing laws in the country (+ state and local) you're in.

So if the seller is responsible, then US sellers have to meet EU standards, which are STRICTER than CPSIA, to sell to Europe. The Canadian laws follow the EU standards. If the Canadians out there are actually complying with their own safety laws, then CPSIA shouldn't scare them off. (I don't know how the labeling requirements differ though.)

[herflyinghorses]

Amyblandford has it correct. Please see U.S Customs and Border Protection website in regards to internet sales.
http://www.cbp.gov/xp/cgov/trade/basic_trade/internet_purchases.xml

It makes me wonder how many U.S sellers are complying with Canadian laws when they ship to us or to Europe? Our safetly laws are stricter. U.S laws are the only laws that seem to matter on Etsy yet, this is an international site.

[Former_Member]

Marking as I am from Canada and will be interested in what will be said in this forum.

[Former_Member]

I came across this link from another forum not too long ago, I found it really interesting and bookmarked it. Check out the articles regarding Canada:
http://learningresourcesinc.blogspot.com/search/label/Canada

[Former_Member]

I found the last article on the page,
"What does Canada know (that we don't)?" quite interesting!