Is it really safe to keep selling after the 10th?

[Former_Member]

My mom sells a lot of her kids clothing and accessories through a local consignment shop, however, the lady who owns it says that she won't continue to carry any of her items after the 10th because of something she saw on this website: http://www.gklaw.com/publication.cfm?publication_id=750

It says that there will be serious penalties for anyone who breaks the law.

"The CPSIA will also bring much stiffer penalties for violations of both pre-existing and new requirements. Civil penalties, for example, are to be increased over tenfold, to $100,000 per violation, and the overall cap on penalties will increase to $15 million."

Now my mom is afraid to even sell her stuff on etsy after the 10th... She has all this stock left over and has no idea what to do with it besides trying to sell it at cheap prices.

I can't imagine how they could search every possible avenue of sales to find "lawbreakers," but is it really worth finding out?

They stand to make a LOT of money collecting these fines, so will they really turn a blind eye to those who refuse to comply?

[qbranchltd]

Wait for the changes. They will come.

[Former_Member]

Thrift stores and consignment shops are exempt from testing. As far as I know the only way anyone would get in trouble is if a kid actually got sick from an item that was bought in such an establishment. CPSC has said they would focus their enforcement on verifiable documented cases of dangerous products. Which is what they should be doing anyway, this "guilty until proven innocent" crap is just stupid. Test the Chinese imports when they come into our ports, not our safe goods from US sources.

[Former_Member]

Thanks for the info. I am marking this.

[Former_Member]

Your mom will have to decide for herself what she wants to do. Unless the law is changed (which there is no guarantee of at this point), she will risk jail time or fines if she continues to sell things she makes for kids under 12 without having them tested for lead. Only used/second-hand items are exempt at this point.

While the likelihood is small that the CPSC will come after your mom - or any of us for that matter - is small, there are still those of us (including myself) who can't afford the tests and aren't willing to risk possible prosecution so we'll be closing up shop come Feb. 10.

[Former_Member]

"Stronger Government Enforcement and Stiffer Penalties

The strongest indication that Congress intends CPSIA to be an unprecedented expansion of product safety enforcement activity is the new law’s drastic increase in Consumer Product Safety Commission (“CPSC”) funding. Under the CPSIA, CPSC funding is expected to more than double in the next six years, allowing the CPSC to add more employees and increase enforcement activity. The CPSIA also expands independent, state-level enforcement activity. State Attorneys General have new authority under CPSIA to initiate injunctive legal actions in federal courts relating to product safety. The CPSIA will also bring much stiffer penalties for violations of both pre-existing and new requirements. Civil penalties, for example, are to be increased over tenfold, to $100,000 per violation, and the overall cap on penalties will increase to $15 million."

*yikes!*