Just wanting a simple "yes" or "no" answer

[Former_Member]

A friend who sells baby items (blankets, personalized onesies, burp cloths) wants to sign up for an April Craft show and sell her items (No testing). Can she do this without fear of fines?

[Former_Member]

I dont think you're going to get a simple yes or no answer on this one. :( I wish it were that simple!

I dont live in the usa, but i feel so bad for you guys! (I AM american though, i just dont live in Kansas anymore).

I love your shop, paper elephant:)

[Former_Member]

As the law stands right now, no.

[Former_Member]

I think it's a NO, but I would be glad to be wrong! I think it's ok to sell locally but I'm not sure

[Former_Member]

thanks Corrabelle - I know the general thought is these items contain Trace or No lead but will folks challenge it? MOST of the people I know off Etsy don't even know about CPSIA - and those that do think this is REDICULOUS so if she chooses to sell I'm wondering if she'll face any issues. The hosts of the show don't seem to have any issues with "Baby" item sellers....

[worksofwhimsy]

Yes, she will be breaking the law. Will she get called on it? Who knows.

[Former_Member]

It would be against the law. Whether or not she fears fines is a personal matter. :)

[Former_Member]

piccoladonna2006 - What do you mean by locally? She lives in the city of the show...

[Former_Member]

I agree. She could take a chance and probably will not be asked to prove testing. But can she afford a $100,000 fine?

[Dannielle]

I just finished watching the CPSC meeting on textiles. I really think fabric and yarn, dyed and undyed, will be exempt.

I can't respond without knowing how they're personalized.

If they're embroidered with thread I would be more inclined to guess she's working with soon to be exempt materials than if she's working with screenprinting inks.

[Former_Member]

I would say NO - its not worth the risk. There are some really nasty people out there who love to turn people in.

[Former_Member]

they are just fabric, and thread. NO inks or anything like that.

[Former_Member]

Here is one way she MAY be able to plead her case if someone should question her. If she can get General Certificates of Conformity from all of her suppliers and can prove that they have tested everything she uses and it is safe, until August, she could say that this is her resonable testing program. Some may buy it and some may not.

[Former_Member]

ditto what everyone said.

She would be breaking the law. Whether that is an issue for her or whether she gets caught/fined, is another story.

Also there are measures she can take for now to ensure her safety. If she can get GCC's from the companies in which she buys her fabric/notions etc... from stating they are lead free that is acceptable for now for her to issue her own GCC's for her finished product.

[Former_Member]

If she can provide documentation that all of the materials she uses to produce the baby items are safe and tested, then she is only the artist putting those material together and should be pretty safe!

Doesn't hurt to have insurance though!!

People are going to chase the big corporations, they want to be instantly rich off of someone else's money, I can't imagine anyone going after a small dealer like your friend.

If you buy a used item at a garage sale, do you have the right to sue the seller in that case? I think the responsibility should fall on the buyer.

[Former_Member]

I have the same dilemma, there is a huge craft show that would be an excellent opportunity for me to do, but how can I know if I will be in business in Sept? Even the farmer's market in the summertime is up in the air for me. I wish I had a solid answer so I can plan or not...

[Former_Member]

Thanks for all the help - She'll be CRUSHED but that's the US government for you :(

[Dannielle]

thepaperelephant says:
piccoladonna2006 - What do you mean by locally? She lives in the city of the show.
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The CPSC is a federal agency and you have to cross state lines to be within their jurisdiction.

But, that's not to say a state's attorney general won't prosecute you according to the rules set by the CPSC. It just means the CPSC won't be sending field inspectors to your local craft show. It's probably safe to assume the attorney general has something better to do that day, too.

My guess is that the AG wouldn't get involved unless someone was selling lead tainted items at a craft show and it was brought to the AG's attention.

[Dannielle]

If she's working with pre-made baby items (onesies, etc) it shouldn't be difficult to get documentation (GCC's) from the manufacturer. Since they're selling baby items they have to do testing. And, from 2/10-8/14, it isn't required that the final product be tested by a third party lab. That's just one of the options. It doesn't become a requirement until 8/14.

[Former_Member]

Scorpz


If you buy a used item at a garage sale, do you have the right to sue the seller in that case?
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Unfortunately the way the law currently sits, yes. The reseller is exempt from testing but is still responsible for complying with the law. If they sell an item that does not meet standards and someone got hurt they would be considered liable for damages. This is why so many re-sellers have said even with the testing exemption they will still be pulling the plug on children's business.

[Former_Member]

Not a legal opinion--not even close--but I'm going to say that if they let her sign up, she will be fine.

Fabric and thread have pretty much been cleared--no not exempted yet--but I bet by April they will be. Besides, she would have a pretty good case with all the info from the big companies showing that apparel has no lead.

[Dannielle]

Scorpz says:
If you buy a used item at a garage sale, do you have the right to sue the seller in that case? I think the responsibility should fall on the buyer.
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*If* the item contains lead...yes. If it doesn't contain lead and result in injury you'll have a hard time getting a lawyer to take your case.

[Former_Member]

how does she get these GCC's from the fabric maunfacturer? Just Request one?

[Former_Member]

I use nearly 100% Michael Miller fabric. I buy wholesale. They actually emailed me their GCC without me even asking.

[Former_Member]

that's AWESOME!