
There has been a lot of buzz about the CPSIA (Consumer Product Safety Improvement Act), regarding children's clothing and selling it on eBay. This new act will affect many
clothing sellers on eBay - from the manufacturer all the way down the food chain to the
small at-home seller.
Here is the official press release regarding this issue.
FOR IMMEDIATE RELEASE
January 8, 2009
Release #09-086
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
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 that 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 (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.
The agency intends to focus its enforcement efforts on products of greatest risk and largest exposure. 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.
The agency has underway a number of rulemaking proposals intended to provide guidance on the new lead limit requirements. Please visit the CPSC website at
www.cpsc.gov for more information.
One seller from the
SAHM Facebook group wrote eBay with her concerns, and received this response:
"We are aware of the new law and that until we make modifications to our current policies (if deemed necessary), there is no reason for alarm. Our Legal team is currently working with the CPSC (Consumer Product Safety Commission) in regards to enforcement of the law. Once our Legal team and the CPSC review the information, we will be forthcoming with information regarding this new law and how it pertains to eBay."
Click here to see and participate in a discussion about this issue on the eBay Children's Boutique Forum on eBay.
Happy Selling,