New toy law to adversely affect collectors market?
Wednesday, January 7th, 2009 10:48PM CST
Category: Toy NewsPosted by: Nekoman Views: 30,946
Topic Options: View Discussion · Sign in or Join to reply
“A new federal law is raising concerns and questions nationwide and here in Austin.
On February 10, 2009 it will be illegal to re-sell any used children's products including toys and clothing. That is according to the U.S. Consumer Protection & Safety Commission who pushed for the new laws after dozens of toys were recalled in 2008 because of lead concerns.
Toys, clothing and other items used by children under 12 will be subjected to lead testing and will have to have labels on them to prove that they have passed inspection.
What is raising the ire of parents and business owners far and wide is what this will mean to clothing, toys and other children products made before February 10, 2009.
Gary Walthall, the owner of Once upon a Child, a resale shop specializing in children's clothing and other items, is afraid that he'll have to close up shop.
Adding to the confusion and frustration is the fact that the U.S. Consumer Products and Safety Commission is not returning calls or e-mails to the countless re-salers and even journalists who have tried in vain to get clarification on what the law means to garage sales and how it will be enforced.”
How will this affect you and the collecting market as a whole? That‘s still unconfirmed, but there is relevant information coming from GovTrack.US. From Sec105, 1, D, ii:
“The term 'retailer' has the meaning given that term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052), but does not include an individual whose selling activity is intermittent and does not constitute a trade or business.”
And from Sec201 a, a, 4:
“the efforts of the Commission to reach and educate retailers of second-hand products and informal sellers, such as thrift shops and yard sales, concerning consumer product safety rules and product recalls, especially those relating to durable nursery products, in order to prevent the resale of any products that have been recalled, including the development of educational materials for distribution not later than 1 year after the date of enactment of this Act.”
Stay tuned to Seibertron.com as more updates come in.
News Search
Got Transformers News? Let us know here!
Most Popular Transformers News
Most Recent Transformers News
Posted by Orion_Prime48 on January 7th, 2009 @ 11:11pm CST
Posted by Shadowstream on January 7th, 2009 @ 11:44pm CST
Posted by Bumblebeast on January 7th, 2009 @ 11:51pm CST
Posted by Serpent O - R on January 7th, 2009 @ 11:55pm CST
Agent 007 wrote:lame, now quick we gotta form a tf underground railroad!
We can start with H-O-S Optimus Prime...
ok, not that funny, but still.
This is retarded [no offense intended].
All this is is a way to generate more revenue for the american government and its patron saints, the lobbyists.
Posted by nemesis-prime on January 8th, 2009 @ 12:32am CST
Posted by CollectionTF on January 8th, 2009 @ 12:33am CST
I mean so what, the toy has be tested, big deal. It has happened before.
Posted by First-Aid on January 8th, 2009 @ 12:43am CST
Pathetic, really. This could conceivably be a MAJOR economic blow, especially to people who sell these for a living (and it is a major market). THe small business lobbies have to be spinning in their seats right now.
Posted by Savage on January 8th, 2009 @ 1:44am CST
Posted by Stormrider on January 8th, 2009 @ 2:53am CST
i_amtrunks wrote:Mkall wrote:I wonder if this explains BBTS's recent warning?BBTS wrote:Safety Warning: This Product is for Adult Collectors. It may contain sharp points, small parts that are choking hazards, and other elements that are not suitable for children under 16 years of age.
If it is, it means BBTS think that they might get sued by parents if the toys are tested later.
Funny usually laws like this are made to give the public a sense of feeling that their government is doing something to help and protect them, but its all for show and they never follow through with it and enforce it.
The only thing to come from unenforceable laws like this are law suits...
I tend to agree. I think the U.S. Government is going to cave on this law and requirements for resellers, the same way they are caving right now on the terms they setup for retailers with toys and clothes. The terminology is too broad and unenforceable. They are also too costly and prohibitive. Can you imagine how many laboratories there need to be in order test all the potential clothes and toys in the U.S. for each reseller? There would be a back log of testing for months and months.
I don't see them going after small resellers. In fact, the terms above state that most eBay sellers are excluded from the term "reseller". However, with all of that said, I wouldn't put it past eBay to come up with some new ridiculous rule that makes it difficult to sell toys.
Posted by Ravage XK on January 8th, 2009 @ 4:37am CST
If we are talking G1 toys containing lead and I dont know if they do or not. These a mostly sold/bought by collectors and I dont know many collectors that would hunt down a G1 Smokescreen just so he could give it a good lick.
Posted by Counterpunch on January 8th, 2009 @ 7:17am CST
This will never fly.
You guys are too jumpy.
::kicks dirt at reactive legislation::
Posted by Optimist_Prime on January 8th, 2009 @ 8:34am CST
Hey, all the more luck to 'em .
Posted by Zeds on January 8th, 2009 @ 9:00am CST
I would just start posting on eBay CANADA to get around the issue, but US customs may confiscate the parcel once it tries to cross the border once inspected.
I really think the US government has more pressing issues than this to deal with don't you?
Posted by Counterpunch on January 8th, 2009 @ 9:14am CST
Counterpunch wrote:Laws have to be enforcable.
This will never fly.
You guys are too jumpy.
::kicks dirt at reactive legislation::
Posted by insanityzmaster on January 8th, 2009 @ 9:18am CST
Posted by nemesis-prime on January 8th, 2009 @ 10:35am CST
Posted by DMSL on January 8th, 2009 @ 10:51am CST
Posted by Sunstar on January 8th, 2009 @ 11:09am CST
Posted by NuclearConvoy on January 8th, 2009 @ 11:29am CST
Keeps making me happy I'm in Canada.
Now's about the time for you guys to start harrassing your local representatives, no?
Posted by JaZzTaStIc on January 8th, 2009 @ 12:57pm CST
its f**kin stupid, there are far more important things to worry about in the world then this, whatever idiot came up with this needs to be shot, plain and simple
its about time the human race stopped being so retarded
Posted by Megatron Wolf on January 8th, 2009 @ 2:06pm CST
Posted by hippymule on January 8th, 2009 @ 2:29pm CST
Posted by Counterpunch on January 8th, 2009 @ 2:43pm CST
Seriously.
How do you watch the news at night without having a heart attack during every single commercial break.
Posted by Stormrider on January 8th, 2009 @ 4:05pm CST
Optimist_Prime wrote:They want to enforce this with flee markets and yard sales?
Hey, all the more luck to 'em .
They plan on coming to your flea market and educating you.
JaZzTaStIc wrote:it comes down to the fact that the government can't taxt second hand stuff, so they'll force you to buy everything new
That doesn't make any sense. Any business, whether they sell new or used items, must collect sales tax (as long as they have Nexus). In addition, the Fed. Gov. doesn't collect sales tax. Only the States do.
nemesis-prime wrote:well im gonna sell stuff untill i get some kind of notice to stop, i might have to stop shipping to canada thou
Why would you have to stop shipping to Canada? Neither the Canadian customs nor its laws are affected by this.
Counterpunch wrote:You people are all a bunch of Chicken Littles.
Seriously.
How do you watch the news at night without having a heart attack during every single commercial break.
I agree with CP. A lot of you are getting worked up about a law that is too vague and too broad that it cannot possibly be enforced the way that it is written. In addition, according to the terms - most of you who plan to sell your Transformers are not going to be affected.
The only way that you might be affected by this law is through buying. Resellers may offer less if they are restricted. If that turns out to be the case, then your collection will increase in value.
Posted by Sherade on January 8th, 2009 @ 5:28pm CST
I suppose next we won't be allowed to play guitars with our teeth because the strings vibrate and shatter jaws.
Posted by 1337W422102 on January 8th, 2009 @ 5:43pm CST
The Updated Article wrote:Therefore, the Counsel’s conclusion is that the new standard applies to only those products manufactured after the effective date of the new standard.
Posted by oldskooltf on January 8th, 2009 @ 8:04pm CST
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html
CPSC Clarifies Requirements of New Children’s Product Safety Laws Taking Effect in February
Guidance Intended for Resellers of Children’s Products, Thrift and Consignment Stores
WASHINGTON, D.C. - In February 2009, new requirements of the Consumer Product Safety Improvement Act (CPSIA) take effect. Manufacturers, importers and retailers are expected to comply with the new Congressionally-mandated laws. Beginning February 10, 2009, children’s products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain children’s products manufactured on or after February 10, 2009 cannot be sold if they contain more than 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.
Under the new law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.
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.
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.
When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC Web site (http://www.cpsc.gov) for information on recalled products before taking into inventory or selling a product. The selling of recalled products also could carry civil and/or criminal penalties.
While CPSC expects every company to comply fully with the new laws resellers should pay special attention to certain product categories. Among these are recalled children’s products, particularly cribs and play yards; children’s products that may contain lead, such as children’s jewelry and painted wooden or metal toys; flimsily made toys that are easily breakable into small parts; toys that lack the required age warnings; and dolls and stuffed toys that have buttons, eyes, noses or other small parts that are not securely fastened and could present a choking hazard for young children.
Posted by dragons on January 8th, 2009 @ 8:41pm CST
Posted by 1337W422102 on January 8th, 2009 @ 8:46pm CST
dragons wrote:anarky, union booo who cares us sells guns but they cracking donw on toys B*&^*(&S()&^t im alerject to bs cough
English, do you write it?
Read the post before yours.
Posted by Badass Grimlock on January 9th, 2009 @ 10:00am CST
Posted by Head Shot on January 9th, 2009 @ 7:43pm CST
I mean seriously... the problem isn't the fact some used toys that are gonna be sold may potentially have lead in them (most of these toys were recalled anyway), but the fact that there was any lead in them to begin with, and while I don't blame China entirely, they're certainly partially to blame for not having stricter regulations and enforcing them on factories producing goods. You also have to blame the companies themselves as well for not keeping a closer eye on whats getting used to make the toys and whatnot in those factories. I mean look at Hasbro, none of their toys were recalled because they enforced the regulations/quality control much stricter than companies like mattel did, and now mattel is looking for a way to clear their name from all this.
I know this issue is ages old at this point, but the fact of the matter is laws like this one don't need to be passed, because they simply don't solve the problem, or even put a bandaid on the problem. The problem isn't even something that the United States had much to do with, if at all. The people who need to be put in line are China, the factory owners, and the companies who use the factories, but mostly the latter 2.
Posted by Decepticon Spike on January 9th, 2009 @ 10:12pm CST
What next? Are they going to outlaw teddy bears for being too soft?
Posted by Volrath2242 on January 10th, 2009 @ 3:45am CST
Posted by JaZzTaStIc on January 10th, 2009 @ 11:38am CST
Posted by nemesis-prime on January 10th, 2009 @ 12:13pm CST
Posted by 1337W422102 on January 10th, 2009 @ 12:28pm CST
nemesis-prime wrote:At least there was some kind of update that clearified it. I hope it doent effect the G1 transformers market thats were most loose open figs are.
See the bottom of Page 4. "The new standard applies to only those products manufactured after the effective date of the new standard."
Posted by 0ptimus__Prime on January 10th, 2009 @ 3:29pm CST
Safety Warning: This Product is for Adult Collectors. It may contain sharp points, small parts that are choking hazards, and other elements that are not suitable for children under 16 years of age.
Posted by Badass Grimlock on January 10th, 2009 @ 8:47pm CST
1337W422102 wrote:nemesis-prime wrote:At least there was some kind of update that clearified it. I hope it doent effect the G1 transformers market thats were most loose open figs are.
See the bottom of Page 4. "The new standard applies to only those products manufactured after the effective date of the new standard."
I'm listening to you! Now if only we could get these other guys to listen...
Posted by 1337W422102 on January 10th, 2009 @ 9:16pm CST
Badass Grimlock wrote:1337W422102 wrote:nemesis-prime wrote:At least there was some kind of update that clearified it. I hope it doent effect the G1 transformers market thats were most loose open figs are.
See the bottom of Page 4. "The new standard applies to only those products manufactured after the effective date of the new standard."
I'm listening to you! Now if only we could get these other guys to listen...
I guess now we can tell them to see the top of Page 8!
Posted by Badass Grimlock on January 11th, 2009 @ 12:11pm CST
1337W422102 wrote:Badass Grimlock wrote:1337W422102 wrote:nemesis-prime wrote:At least there was some kind of update that clearified it. I hope it doent effect the G1 transformers market thats were most loose open figs are.
See the bottom of Page 4. "The new standard applies to only those products manufactured after the effective date of the new standard."
I'm listening to you! Now if only we could get these other guys to listen...
I guess now we can tell them to see the top of Page 8!
Ok.
SEE TOP OF PAGE 8!
Posted by robofreak on January 11th, 2009 @ 3:27pm CST
The new law is almost as ridiculous as the ban on text messaging while driving in Arizona. It's impossible to enforce.
Posted by Stormrider on January 11th, 2009 @ 7:03pm CST
robofreak wrote:I'd like to know how they're actually going to go about enforcing the law. I guess big companies like Hasbro and Bandai can have their testing facilities as part of the assembly process, but I don't see how every single toy produced after February 10th is going to get tested.
The new law is almost as ridiculous as the ban on text messaging while driving in Arizona. It's impossible to enforce.
The law may be set up to discourage companies and those that get caught. Like the example you gave with the text messaging. It's impossible to catch people in the act. But if a driver gets into a car accident and text messaging is found to be the cause, then the police can make an arrest. Without, then the person has not broken the law.
Posted by thedistinctroom on January 11th, 2009 @ 10:55pm CST
Posted by Ninjaburn on January 12th, 2009 @ 8:52am CST
Seems it only applies to 'new' toys.
Posted by Decepticon Spike on January 12th, 2009 @ 12:00pm CST
robofreak wrote:I'd like to know how they're actually going to go about enforcing the law. I guess big companies like Hasbro and Bandai can have their testing facilities as part of the assembly process, but I don't see how every single toy produced after February 10th is going to get tested.
The new law is almost as ridiculous as the ban on text messaging while driving in Arizona. It's impossible to enforce.
It reminds me a lot of the smoking ban we have in Ohio. They way the law reads, you're susposed to report anyone smoking in a public building, or within 30 feet of one. Not only does no one report it, the police in my town say they don't have the time or manpower to investigate IF anyone did report. I think this law is the same.
Ninjaburn wrote:I didn't see an official link, but here is one updating the status on second-hand stores: http://www.wyff4.com/money/18453746/detail.html
Seems it only applies to 'new' toys.
That makes more sense.