We are in the clear!

It was circulating that consignment sales, stores, thrift shops, Ebay and Craig's list were going to be unable to sell children's items without criminal prosecution.

Needless to say, I was a bit worried about my business!!!

a coalition of sale owners from across the United States have flooded Congress, the House, and the CPSA with phone calls. I personally have made over 20 calls to Washington! It worked!

There was a press release today that states that the new safety law does not require resellers to test c! ! hildren'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.

Please click here for the press release:
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

At the Upscale WeeSale, the safety and security of our consignors,
shopp! ! ers and their families is a top priority. Therefore we support
the intent and purpose of the Act. Our official policy concerning
children's items will be the following:

A. The Upscale WeeSale will not accept any items that are the subject of a past, present or possible recall.

B. As always, consignors will sign a waiver.

C. All items that are questionable will be removed from the sales floor. Please see the press release for items that are questionable. Check the recalls on all items before bringing them for consignment! http://www.cpsc.gov/

The Upscale WeeSale supports the intent of the HR4040 and looks forward to serving our community. Again - I thank you for supporting The Upscale WeeSale a! ! nd look forward to a great sale in March!

Please feel free to contact me with any questions!

Kim

Maybe there is hope!!!

I have been in touch with the guy that writes my Mysalemanager software for the Upscale WeeSale, John. He obviously has a vested interest since he makes his money on his own consignment sale and the sale of consignment sale software. He found out that the bill was authored by his own senator and called his office.

From John, “The CPSIA bill was authored by Arkansas Democratic senator Mark Pryor. John called his office and actually made it through to a man who actually helped craft the legislation with Pryor. He seemed surprised that the law is being interpreted this way and states that was never their intent - that this law apply "retroactively". He seems very concerned of the "wildfire" that appears to be spreading on this and wanted more info. He is concerned, and he is should have good access to Mark Pryor to let him know what is going on.”

I sure hope they plan on rewriting this law by the time I have my sale in March!!

CPAIA and it's impact on consignment!

There is a new law going into effect on Feb. 10th that could have a huge economic impact on everyone! First, let me say that I am all for raising the safety standards, we all want to keep our children safe! There is nothing more important than to make sure our kids come into contact with safe items!

CPSIA is a law that was passed in August 2008. It is intended to guard against elevated lead levels in children's toys.Triggered by the huge Mattel Toy Recall last year. It appears the law was very hastily put together and rushed through Congress with little thought as to how this law could un-intentionally affect other industries, consignment and the resale industry in particular.

Essentially, this law makes any children’s product that has not been specifically tested for lead levels a "Federally Hazardous Substance" and makes it illegal to sell. The way this law is written, it will also apply "retroactively", which means that after Feb. 10, 2009, selling of any children’s product that has not been specifically tested for lead will be a crime. This affects our seasonal consignment events, consignment stores, thrift stores, goodwill stores, church yard sales, individual yard sales, even private individual transactions. This also affects Wal-Mart, Target, and any store that has inventory catering to children under 12 on their shelves prior to Feb. 10, 2009. Essentially, all items will have to be thrown away because they do not have a certificate of compliance. Those hand me down jeans are now “a federally hazardous substance”. You could send them to a third party testing facility at the cost of around $500.00 to have them tested if you want to resell them.

Can you imagine the impact this will have on our landfills? The landfills will become full of children’s items and according to this law, “federally hazardous substances”. More over, most people are unaware of this new law and the implications of it.

Here is an article that addresses the issue and law: http://www.tampabays10.com/news/mostpop/story.aspx?storyid=96284&provider=top

It will put thousands of small business children’s product manufacturers and many in Rock Hill out of business - hurting our economy further and causing even more loan defaults! Each item for sale will have to go to a third party testing facility at the cost of $500 to thousands of dollars.

I am sure this was not the intention of the law, so immediate action must be made to amend this law. Though this legislation was well-intentioned, it cannot be allowed to stand as written.