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Earnshaws Newsblast

 
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Bethany
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PostPosted: Tue Dec 09, 2008 10:38 am    Post subject: Earnshaws Newsblast Reply with quote

I got this last week and wondered if the information is correct, because if it is, then any product produced BEFORE Feb 10 should NOT be subjecect to the new rules.

CPSC Says Ban on Phthalates Is Not Retroactive



(12/1/2008)


Only products manufactured after Feb. 10, 2009, will need to meet the new phthalates restrictions as set forth in the Consumer Product Safety Improvement Act (CPSIA), according to Cheryl A. Falvey, General Council for the U.S. Consumer Product Safety Commission.

Section 180 of the CPSIA limits the amount of certain types of phthalates in specific categories of children's products. This section also indicates that these limitations "shall be considered a consumer products safety standard under the Consumer Product Safety Act," wrote Falvey in a letter dated Nov. 17. As a result, the phthalates ban will only be applicable to products manufactured after Feb. 10 and will not be applied retroactively to inventory as of that date, Falvey wrote.

In contrast, children's products that do not meet the new lead limits by Feb. 10 will be treated as a "banned hazardous substance" under the Federal Hazardous Substances Act, Falvey stated in the letter. According to the law, it is illegal "to sell, offer for sale, manufacture for sale, distribute in commerce, or import into the Unites States" any banned hazardous substance, she added. For further details, visit www.cpsc.gov.
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Vesta
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PostPosted: Tue Dec 09, 2008 10:51 am    Post subject: Reply with quote

For phthalates, this is true. Although a lawsuit has been brought to try to get it changed:
http://www.consumeraffairs.com/news04/2008/12/pubcit_toxic_toys.html

For lead, the ruling by Falvey was that it IS retroactive.
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Esther
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Joined: 17 Mar 2006
Posts: 1909
Location: ID Spudville

PostPosted: Tue Dec 09, 2008 10:52 am    Post subject: Reply with quote

What Vesta said.
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PostPosted: Tue Dec 09, 2008 10:54 am    Post subject: Reply with quote

Is there a place I can go to see the ruling in print? Or is this just hearsay?
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Vesta
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PostPosted: Tue Dec 09, 2008 11:05 am    Post subject: Reply with quote

http://www.cpsc.gov/library/foia/advisory/317.pdf

You, too, can find all of these documents on the CPSC website, as well as much discussion in various threads here. This real.

http://www.cpsc.gov/about/cpsia/cpsia.html
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Guest






PostPosted: Tue Dec 09, 2008 11:12 am    Post subject: Reply with quote

So it will be Bankruptcy day for anyone who owns a children's used clothing store right? There is a huge children's clothing sale I go to in the Spring and Fall. Basically everyone puts their used items in and the owners of the sale organize it and manage it but the money goes to the individual minus the owner/organizer commission. I get a lot of clothes for my kids there. I wonder how the law will affect it. Technically you are buying from an individual but... Confused


Elizabeth
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Vicki P
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PostPosted: Tue Dec 09, 2008 11:16 am    Post subject: Reply with quote

I do not think used clothing will be exempt. Otherwise, folks could sell online & in resell stores and just call it "used" . The law is very clear. If it isn't certified, it can't be sold. If you read the fine print, it can't be shipped out of the USA either.
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Bethany
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PostPosted: Tue Dec 09, 2008 11:33 am    Post subject: Reply with quote

So let me get this straight: After Feb 10th, then ANYTHING- clothing or toys, for children that has ALREADY been produced is illegal to sell in the USA? So any stock in stores, vintage toys, used clothing, etc is headed for the dumpster unless it is tested for lead?

Sorry guys, but that just isnt going to happen. There is no way that is what the law is intending and there is no way they are going to inforce it if it does.
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Vicki P
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PostPosted: Tue Dec 09, 2008 11:46 am    Post subject: Reply with quote

That may very well be, but I wouldn't want to the business the attny general in my state decides to make an example of. Common sense would dictate that it seems impossible. But common sense is not so common and a year ago, who would have thought the economy would be in this bad of shape, credit card companies would start charging everyone 30% and law would be passed like this? A year ago I had a growing business.........now I have bolts of fabric and am busy brushing up my resume.
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