Selling labled items to questionably aged buyers

[Former_Member]

I've got this concern more for things in general than for my shop specifically.

I've seen some shops at shows locally that have me wondering about this problem/prospect.

If something is labeled properly - Item is NOT intended for use by anyone under the age of 12 (or 13 in some states), and the product is on the shelf at an area store or a table at a craft show - does the seller have the responsibility of refusing to sell the item to a child under age 12?

The incident that made me wonder this was a woman had necklaces for sale - they were simple ribbons with a dragon charm at the bottom - the kid was under 15 but I couldn't say for sure he was or wasn't over 12. He made the purchase, the woman never once pointed out 'not intended for use by persons under age 12' to the kid - never even hesitated in making the sale to him.

Its possible it could've been a gift for his mom or father or someone, but more likely it was for himself. Are sellers required to refuse sale of items that are properly marked as being unsuitable for children under 12 yrs of age - to persons of 'questionable' age - that is someone who might be under the age in question - but its hard to determine?

I have friends who have kids who are 14 who look 8 and friends who have kids who are 9 who look 16 - so its very hard to tell when a child is over 12. Seems like asking them for their age - would be a bit...creepy - to some parents, and probably to a lot of kids too. But at the same time - we don't want to get in trouble for selling to people we shouldn't either.

Does the CPSC seriously want sellers to require ID showing proof of age as being over 12 - to purchase anything now? That's kind of what this seems like to me.

This could be an issue for me as well - even though everything on my table at shows - the entire table has a sign 'not intended for use by children under the age of 12' - and I'm going to start putting it on small tags that go with every item at time of purchase - but do I have to refuse to sell to those under 12 - and if so how do I know who is or isn't under 12 - without being creepy?

I know online most places require you to be 18 to register - and etsy is one of those places - even though I know several sellers who aren't 18...but are over 12...but there might be some sellers/buyers on here who aren't over 12 - lying about age - using someone else's age to register whatever the case might be...Are we to be held accountable for selling products clearly labeled as not suitable for those under age - to someone who may or may not be in the age bracket in question?

If we are prohibited from selling to someone under the age of 12 - is it then appropriate/legal to inform them, something along the lines of "Unfortunately I cannot sell this to you as you're under the age of 12, however, if you ask your (mother/brother/sister/dad/grandparent) to come and look at the item(s) - they could buy it." The parent being over the age of 12 - and assuming old enough to make an informed decision & give consent they're aware the item isn't intended for the use by their under 12 child - then does that make us not liable? Or are we to flat out refuse and not explain why/offer the sale to the adult in the situation.

HELP - confused...I've read most of the legalese and am more confused than I was when I started.
frawggie

[Former_Member]

Not sure if this helps you but I always have my custom order books with me at shows and at least one person at each show asks me to make a mother's bracelet for a baby or toddler in tiny size. I of course turn them down politely and explain why I can't make it for them. They are always very appreciative (and sometimes buy for themselves in adult sized instead lol)

[Former_Member]

Newhope - that does help with another question I had - about customers wanting special orders for those under the qualifying age.

I'm trying to get info from my main supplier of wire on product compliance - because they aren't in the US and they don't market to children - so there's no need for them in general to be in compliance - because they're not in violation - but I'm hoping they'll somehow be agreeable to making a sheet listing their items as 'safe' for such...it would be quite helpful - like the CPSC's list of exempt items.

[lizbethsgarden]

marking -- I need to know this, too.

[Former_Member]

As far as I know, the CPSIA doesn't include any age restrictions on who you can sell what to. The law is based on what's considered safe for the age of the intended user, not the purchaser.

That's one reason why warning labels are required on packaging & not just displays. The info needs to stay w/the product after the customer leaves the store with it. It's also why people can't sell hazardous baby products on the theory that the parent is buying it, not the child, so it's up to the adult to decide how to use it.

Unless you're selling alcohol, tobacco, guns, porn, etc. (varies by state- I was surprised when I moved to CA that I needed an I.D. to buy spray paint!) you don't need to ask for proof of age.

[Former_Member]

CPSIA law requirements require labeling and certain testing for all products intended for Children under age 13 - does not vary by state and does not matter who is purchasing. What matters is if the item is intended for a child under age 13

[Former_Member]

I know that stores ask for ID when purchasing alcohol and cigarettes, but I have not heard of proof of age documents being required to buy toys, children's items...it hasn't gone that far....yet.. LOL