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How does the clothing law affect resale of used clothes ?
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taylor1027
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PostPosted: Mon Dec 08, 2008 7:10 pm    Post subject: How does the clothing law affect resale of used clothes ? Reply with quote

There is a HUGE discussion about this on a clothing resale forum that i am one and we are trying to figure it all out but its really super confusing.

We rely on the resale of our childrens clothing to be able to dress them the next season and we do a LOT of business on there.

How is this going to affect the resale of used childrens clothing ? Parents do not have the resources to be able to test their kids clothing for lead before we can resell. If we have to test everything then there will be a LOT of clothes going into the landfills and many parents that will not be able to afford to clothe their kids because they cant afford to buy brand new retail !

Many of us rely on Goodwill, places like Once Upon a Child and places like Ebay to purchase our kids clothing.

Thanks for any help you can provide.

Lindsey
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Pamela
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PostPosted: Mon Dec 08, 2008 7:16 pm    Post subject: Reply with quote

This is my opinion after thinking it through a bit so I am labeling it as such. These resale sales that occur a few times a year in any given town are in the private sector. You can probably get away with the sale BUT the problem will be getting your inventory since much of the clothing you purchase is used or gently used name brand stuff. The big brands are just in as much jeopardy as any of the smaller brands.

Pam
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meme2008
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PostPosted: Mon Dec 08, 2008 7:40 pm    Post subject: ebay resale Reply with quote

I frequent a VERY busy once upon a child store and asked today, she (the owner was much more concered with toys. However she has not been told by the chain (yet) that she can no longer sell clothing, there will be some restrictions with decals, zippers painted parts ect.

I am wondering as I am myself an ebay seller of used childrens clothes if I will be allowed to continue with this as anything purchased will be manufactured LAST year, the thrifts, once upon a childs ect will not have current 2009 stock to offer yet.
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PostPosted: Tue Dec 09, 2008 10:36 am    Post subject: Reply with quote

I got this from Earnshaws:

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.


If this is correct then the law ONLY applies to good produced AFTER Feb 10 so used clothing should be fine. Right?
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Vesta
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Joined: 23 Dec 2005
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PostPosted: Tue Dec 09, 2008 10:52 am    Post subject: Reply with quote

I responded to your thread, but to repeat:

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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PostPosted: Tue Dec 09, 2008 11:32 am    Post subject: Reply with quote

Vesta wrote:
I responded to your thread, but to repeat:

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.


Someone from another board called Goodwill to find out what they are going to do and they besides toys it will be business as usual. So are they just ignoring the law? They said they would still accept and sell used clothing after Feb. 10th.
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J C Sprowls



Joined: 25 Mar 2006
Posts: 2006

PostPosted: Tue Dec 09, 2008 11:37 am    Post subject: Reply with quote

You should be aware that Goodwill is a not-for-profit business. Whereas any other venue that requires a business license or resale certificate is probably not a 513(b) business. In any event, this is another gray area which Ms Falvey needs to render a legal opinion on.
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PostPosted: Mon Dec 15, 2008 2:06 pm    Post subject: Reply with quote

J C Sprowls wrote:
You should be aware that Goodwill is a not-for-profit business. Whereas any other venue that requires a business license or resale certificate is probably not a 513(b) business. In any event, this is another gray area which Ms Falvey needs to render a legal opinion on.


how does that give them exemption? They are still introducing a product into commerce, are they not?
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J C Sprowls



Joined: 25 Mar 2006
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PostPosted: Mon Dec 15, 2008 3:06 pm    Post subject: Reply with quote

I didn't say it gives them an exemption. I said that if you have a question re: the differences between a 501(b) company and a for-profit company, that you should get an official opinion from Ms Falvey.
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PostPosted: Fri Dec 19, 2008 12:58 pm    Post subject: Reply with quote

I just pulled this off an Etsy thread. Straight from the CPSC's mouth:

http://www.tampabays10.com/news/columnist/story.aspx?storyid=96355&catid=79

If the quote regarding "one-of-a-kind" items is true, we are looking at a step in the right direction for many of us.

Jayme Lillie
Lillipops Designs
www.lillipopsdesigns.etsy.com
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DR
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PostPosted: Fri Dec 19, 2008 2:17 pm    Post subject: Reply with quote

Can someone define "one of a kind"? My wife and I own a children's consignment store. We are in the process of shutting down due to this new law. I'm not sure the "one of a kind" applies to us. Unless I'm not understanding it's meaning.

Anonymous wrote:
I just pulled this off an Etsy thread. Straight from the CPSC's mouth:

http://www.tampabays10.com/news/columnist/story.aspx?storyid=96355&catid=79

If the quote regarding "one-of-a-kind" items is true, we are looking at a step in the right direction for many of us.

Jayme Lillie
Lillipops Designs
www.lillipopsdesigns.etsy.com
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Esther
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PostPosted: Fri Dec 19, 2008 3:42 pm    Post subject: Reply with quote

I am afraid until there is an official announcement printed on the CPSC website, one shouldn't seek for a one-of-a-kind exemption. Such an exemption really won't help anyone. This is just another example of the chaos that exists within the walls of CPSC headquarters. Until their PR people know the law, they should just keep their mouths shut.
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Kathleen F.
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PostPosted: Fri Dec 19, 2008 5:08 pm    Post subject: Reply with quote

I saw the news story. Unfortunately, it remains ambiguous for most of our purposes. The reference was to thrift/consignment stores that are selling presumably used items; don't presume the CPSC definition of one of a kind is the same as ours (cpsc: ooak=used, ours: ooak=new). Obviously if there's more than one, it's not new as in the case of Goodwill and they will need GCCs from their vendors. If you could draw any conclusion, it's that singular used items are okay to sell. Still, to be official, it has to be a written opinion so we should look forward to that for clarifications and exclusions.
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J C Sprowls



Joined: 25 Mar 2006
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PostPosted: Fri Dec 19, 2008 5:26 pm    Post subject: Reply with quote

Ooh! And, it looks like off-price goods that eventually fall into Goodwill will be nixed. As well as Goodwill buying off-price goods in order to offer a merchandise mix.

IOW: With this interpretation, even Goodwill require GCC's on goods not specifically received from individuals at the loading dock.

Now, there's a question: "Who is accountable for producing the GCC in the off-price market?" Meaning: when products are sold off to the off-price market, does the dealer need to collect the GCC from the original Retailer? or the original Manufacturer?
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Esther
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PostPosted: Fri Dec 19, 2008 6:27 pm    Post subject: Reply with quote

Surely a paperwork nightmare that will hurt the poor's ability to purchase clothing.

(And just as an aside, thrift stores like Goodwill and Deseret Industries have raised their prices significantly over the last year. I assume it is because of fuel costs, but that's my own opinion. This legislation, if applied as we think it will be, could raise the prise of used clothing beyond the reach of many.)
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