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Second Hand Clothes Illegal??

Reality TVClubHouse Discussions: General Discussions ARCHIVES: Jan ~ Apr 2009: Free Expression: Second Hand Clothes Illegal?? users admin

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Julieboo
Member

02-05-2002

Thursday, January 08, 2009 - 5:04 pm   Edit Post Move Post Delete Post View Post Send Julieboo a private message Print Post    
Anyone know if this is for real???

"The broad scope of the complicated law, and it’s interpretation by CPSC has effectively made it illegal for parents to resell their children’s clothing and gear at a garage sale, on eBay, Craig’s List, through consignment stores or annual children’s consignment sales. If donated to a nonprofit like Goodwill or Salvation Army, those organizations can’t legally resell it, as of February 10th. That’s right. Hand-me-down clothing for kid’s age 12 and under will be illegal to resell. It will be a banned hazardous product. The fines of $100,000, potential jail time and label as a felon for violations are stiff."

http://www.rallycongress.com/make-second-hand-kids-clothes-legal-/1471/

I snopes-ed it and it does not come up as a hoax. But it can't be true, can it???

Texannie
Member

07-16-2001

Thursday, January 08, 2009 - 5:12 pm   Edit Post Move Post Delete Post View Post Send Texannie a private message Print Post    
Julie, i posted about this earlier

A new law is coming into to affect that will also effect homecrafters, thriftstores, ebayers and charitable organizations

http://www.latimes.com/business/la-fi-thrift2-2009jan02,0,2083247.story


http://www.digitaljournal.com/article/264507

Twiggyish
Member

08-14-2000

Thursday, January 08, 2009 - 5:35 pm   Edit Post Move Post Delete Post View Post Send Twiggyish a private message Print Post    
People need money and they can't sell used clothing?? I'd like to see how this law is going to be enforced.

Ophiliasgrandma
Member

09-04-2001

Thursday, January 08, 2009 - 5:51 pm   Edit Post Move Post Delete Post View Post Send Ophiliasgrandma a private message Print Post    
I heard about this on the news today.

Twinkie
Member

09-24-2002

Thursday, January 08, 2009 - 5:52 pm   Edit Post Move Post Delete Post View Post Send Twinkie a private message Print Post    
Yeah, are the garage sale police gonna be watching the neighborhoods? LOL

Karuuna
Board Administrator

08-31-2000

Thursday, January 08, 2009 - 6:01 pm   Edit Post Move Post Delete Post View Post Send Karuuna a private message Print Post    
Well, that will really kill some Ebay resellers and nonprofits!

Supergranny
Member

02-03-2005

Thursday, January 08, 2009 - 6:06 pm   Edit Post Move Post Delete Post View Post Send Supergranny a private message Print Post    
The world as we know it is crashing all around us and the congress feels this is going to help?

Pamy
Member

01-02-2002

Thursday, January 08, 2009 - 6:42 pm   Edit Post Move Post Delete Post View Post Send Pamy a private message Print Post    
wow this will put some consignment stores out of business! I used to buy lots of Dylan's baby clothes at cosignment shops cuz he grew out of stuff monthly

why is this a new law, what was wrong with selling stuff?

Julieboo
Member

02-05-2002

Thursday, January 08, 2009 - 6:51 pm   Edit Post Move Post Delete Post View Post Send Julieboo a private message Print Post    
lead.

They are trying to make sure there is no lead in products. Well, since when does clothing have lead in it? One issue was that a kid ate a lead charm off a shoe. Well, come on. Cars kill people every day and they don't put a ban on cars. Not sure if that is the best analogy, but I am steamed. It is so stupid. STUPID STUPID STUPID!!

Julieboo
Member

02-05-2002

Thursday, January 08, 2009 - 7:02 pm   Edit Post Move Post Delete Post View Post Send Julieboo a private message Print Post    
It'll also put the end to people who make money at places like ebay and etsy...

Twinkie
Member

09-24-2002

Thursday, January 08, 2009 - 7:04 pm   Edit Post Move Post Delete Post View Post Send Twinkie a private message Print Post    
I think Big Brother is watching too closely. This sucks.

Texannie
Member

07-16-2001

Thursday, January 08, 2009 - 7:06 pm   Edit Post Move Post Delete Post View Post Send Texannie a private message Print Post    
It pretty much kills Goodwill and Salvation Army stores.

Naja
Member

06-28-2003

Thursday, January 08, 2009 - 7:09 pm   Edit Post Move Post Delete Post View Post Send Naja a private message Print Post    
Oh My, I didn't even think of that, Texannie. It would be interesting if there ends up being a clause that the stuff can be given away and not sold. Now wouldn't that be something? hmff

Csnog
Member

07-18-2002

Thursday, January 08, 2009 - 7:42 pm   Edit Post Move Post Delete Post View Post Send Csnog a private message Print Post    
Contact your Congress person and voice your opinion if they did indeed pass such a law.

Wargod
Moderator

07-16-2001

Thursday, January 08, 2009 - 8:02 pm   Edit Post Move Post Delete Post View Post Send Wargod a private message Print Post    
Yup, people who sell crafts are going to be screwed with this. We have a friend who makes extra cash by selling hand made wooden toys he paints and he won't be able to do that anymore unless he's getting them tested (which is very expensive.) I wouldn't be able to sell my beaded stuff for children (not that I do.)

But, one of the things we'd talked about just a few days ago was renting a booth at the swap meet (also at the fair.) I hadn't planned on doing it, but besides consignment and second hand shops, it brings to mind all the craft fairs, swap meets, etc and people who make money not being able to anymore.

Texannie
Member

07-16-2001

Thursday, January 08, 2009 - 8:05 pm   Edit Post Move Post Delete Post View Post Send Texannie a private message Print Post    
How to object to this Act
She urged home-crafters and micro-business owners to lodge their objections no later than January 20 2009 to the Consumer Product Safety Commission's Office of the Secretary, email
Sec102ComponentPartsTesting@cpsc.gov

They can be faxed to (USA) 301 504-0127

Snailmail:
The Office of the Secretary,
Consumer Product Safety Commission,
Room 502, 4330 East-West Highway,
Bethesda, Maryland 20814 US.

Comments should be captioned: Section 102 Mandatory Third-Party Testing of Component Parts'

Supergranny
Member

02-03-2005

Thursday, January 08, 2009 - 8:28 pm   Edit Post Move Post Delete Post View Post Send Supergranny a private message Print Post    
All they have to do is ban stuff made in China since that is where it's come from. But oh no...politically incorrect to come right out and say it! Besides the fact that now China owns us.

Seamonkey
Moderator

09-07-2000

Thursday, January 08, 2009 - 10:18 pm   Edit Post Move Post Delete Post View Post Send Seamonkey a private message Print Post    
Lead can be a problem in products from other places than China.. Mexico, for instance.. Lots of lead in candy that was on the shelves all over So Cal.. no doubt some is still around. But I don't see such blanket outlawing. Of course I also don't see as much litigation as goes on, so I can see ebay or the venue for a swap meet or a website or thrift store being sued, which would be a shame in most circumstances.

===Here in OC they busted some guy who had for years and years sold fruitcakes that he baked at home. Someone wrote to the paper and said that could lead to banning of people selling homemade tamales and so much more. :-(

Twiggyish
Member

08-14-2000

Friday, January 09, 2009 - 7:25 am   Edit Post Move Post Delete Post View Post Send Twiggyish a private message Print Post    
Are large retailers losing money due to used clothing being sold? Are they behind this one?
They can try to say this bill is for the general good of people by giving scary examples, but I'd like to know the REAL reason behind it.

Texannie
Member

07-16-2001

Friday, January 09, 2009 - 7:27 am   Edit Post Move Post Delete Post View Post Send Texannie a private message Print Post    
this was in my paper today

Thrift stores exempted from new lead-testing law
By DAVID ELLISON Copyright 2009 Houston Chronicle
Jan. 8, 2009, 11:43PM



Thrift stores and other outlets that sell used goods do not have to comply with a federal law that requires retailers to test all children's products for lead and phthalates, the Consumer Product Safety Commission said Thursday.

Before the announcement, some thrift and consignment stores were concerned that the costly tests would severely affect their businesses that cater to low-income customers.

Maj. Larry DeBerry, a Salvation Army administrator at the Houston Adult Rehabilitation Center, said the announcement is good news.

"I know that a lot of our customers that come into our resale shops, they are very dependent on being able to pick up children's clothing at a discounted price," DeBerry said. "So I know it would have a devastating effect on them, as it would on us, because our program is dependent on the income through our family stores."

As initially interpreted before CPSC's clarification, the law would have required thrift stores, shops selling handmade toys and small businesses to spend tens of thousands of dollars on testing.

The Consumer Product Safety Improvement Act, which takes effect Feb. 10, was signed into law last year as a result of the numerous children's product recalls.

Melissa Temme, a spokeswoman for Salvation Army's national headquarters, said while the clarification is good news, it raises a few questions. She referred to the CPSC's news release that says "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."

She said officials need time to study the clarification and determine what questions to ask the CPSC to assure that thrift stores are in compliance.


Not really worried
Customers shopping at a Goodwill Industries store on the Katy Freeway were unaware of the pending law. Ben Dechavez, who said he shops for child-safe products, said he was not concerned about items in the store.

"Usually, products that come here have already been used," he said as he browsed through children's toys. "So my opinion is ... the people that bring it here have used it already. In other words, they are confident that the products that have been used are all right."

While it appears resale shops could have a little relief, that does not seem to be the case for smaller businesses that sell new items.

Sue Warfield — past chairwoman of the American Specialty Toy Retailing Association, which consists of smaller, independently owned stores — said the group supports toy safety. But members are concerned about the cost of testing.

"There are some of them that literally would not be able (to survive) if they had to pay whatever the fee is for testing," she said. "The only way they could is to raise their prices. And that would put them out of business, too, because many of them already have a little bit higher price because they are smaller companies."


According to the Consumer Product Safety Improvement Act, as of Feb. 10:
• Children's products cannot be sold if they contain more than 600 parts per million of lead.

• Certain children's products made on or after Feb. 10 cannot be sold if they contain more than 0.1 percent of certain specific phthalates or if they fail to meet new mandatory standards for toys. Phthalates are chemicals used to make plastics more pliable.

• Children's products with more than 600 parts per million lead cannot be sold in the United States, even if they were manufactured before Feb. 14. The total lead limit drops to 300 parts per million on Aug. 14.

david.ellison@chron.com

http://www.chron.com/disp/story.mpl/headline/metro/6201832.html

Dipo
Member

04-23-2002

Friday, January 09, 2009 - 1:23 pm   Edit Post Move Post Delete Post View Post Send Dipo a private message Print Post    
I think part of why this came about was that recalled toys, etc., were being sold on ebay with no disclaimers. At least that is what I remember when this all came up last year.

Sugar
Member

08-15-2000

Saturday, January 10, 2009 - 3:42 pm   Edit Post Move Post Delete Post View Post Send Sugar a private message Print Post    
Our local news had someone from Goodwill saying to the effect that although they are exempt, they could also be liable so would have to buy the machines/kits/process that checks for the lead.

Yet another law passing with no thought whatsoever as to how it could be done, just who all it would impact etc. Just don't get me started!

Seamonkey
Moderator

09-07-2000

Saturday, January 10, 2009 - 3:54 pm   Edit Post Move Post Delete Post View Post Send Seamonkey a private message Print Post    
Yep, the liability would be a killer for many organizations. Maybe they can get "in kind" donations to help with the testing.

Zgoodgirl
Member

08-22-2003

Saturday, January 10, 2009 - 9:31 pm   Edit Post Move Post Delete Post View Post Send Zgoodgirl a private message Print Post    
I work in accounting at a supplier that makes clothing for retailers. There is a new law that requires testing for lead in all children's clothing, like the little snaps and such. No matter where we get them from, China or US, they are still required to be tested.

And these tests aren't cheap. No matter who will foot the bill be it the supplier or the retailer, the retail price of new clothing is probably going to go up.

And I don't know if they can do testing on clothing that has already been made. We have to send in at least 20 clean pieces of the item we are going to use, like a zipper or a snap.

Biscottiii
Member

05-29-2004

Sunday, January 11, 2009 - 4:52 am   Edit Post Move Post Delete Post View Post Send Biscottiii a private message Print Post    
I tried to find the story from about a week ago in our newspaper about a children's 2nd hand shop being forced out of business, sorry can't find it.

Also in the mix with children's clothes being sold secondhand IIRC was also needing the proof of anti-inflammatory tags, not just the lead testing. After so many washings, how many kids clothes still have the tags to prove they won't catch on fire?

Whoa, this is going to put a serious monkey wrench in the process for people just trying to feed and clothe their kids, especially in these hard economic times. Didn't realize how bad it could become myself since I don't have kids. Not a good situation.

Biscottiii
Member

05-29-2004

Sunday, January 11, 2009 - 5:08 am   Edit Post Move Post Delete Post View Post Send Biscottiii a private message Print Post    
Okay, I found the article from the Seattle Times:

When rules trump ingenuity
http://seattletimes.nwsource.com/html/dannywestneat/2008587800_danny04.html

Last fall when Wall Street was in meltdown and the credit system was in a freeze, Wendy Powell, a Seattle mom and former software marketer, did the opposite of what the gloom-and-doom forecasts advised. She didn't hunker down. She plunged into her first business.

More than any government bailout, it's people like Wendy Powell who will lift us out of our economic doldrums.

Except it looks like her own government is going to stop her.

Last fall when Wall Street was in meltdown and the credit system was in a freeze, Powell, a Seattle mom and former software marketer, did the opposite of what the gloom-and-doom forecasts advised. She didn't hunker down. She plunged into her first business.

It's called Childish Things, in North Seattle on Holman Road west of Highway 99. It's a children's resale boutique, crammed with tiny jeans, mittens, books, smocks, mobiles and about anything else you need if you have a kid.

She buys almost all of it used, then resells it. Business, she says, has been great.

"People like the prices, and they love buying used things because it's a form of recycling," Powell said. "This is a green business."

Not in the federal government's view it isn't. On Feb. 10, barring some dramatic change in a new law, Powell's entire 5,000-item inventory will be considered a "banned hazardous substance" and may have to be chucked.

That's because the stuff in her store has never been tested for lead. A law passed by Congress and signed by President Bush in August, the Consumer Product Safety Improvement Act, requires all products for kids under age 12 to be tested for lead or pulled from the shelves. Even if it was made before the law passed.

Powell figures the cost of lead-testing her entire store would exceed the value of the merchandise. Single tests can run anywhere from $50 into the hundreds — pointless if what you sell is $7.99 used denim toddler skirts or $9.98 plush toys. So Blinky Bug Lovey Blanket ($14.95), and everything else, will become hazardous waste instead.

"It's not the economy that's going to destroy me, it's my own government," Powell said.

The law is a well-intentioned response to last year's huge recalls of lead-tainted toys. But it's so sweeping that the CEO of educational toy maker Learning Resources has dubbed Feb. 10 as "National Bankruptcy Day."

It's the toughest lead standard in the world. And it will apply to children's items made anywhere out of most anything, from cloth to wood to paper.

<snipped for length, but I think it's worth reading at the link I provided that gives more consumer info>

Teachmichigan
Member

07-22-2001

Sunday, January 11, 2009 - 5:31 pm   Edit Post Move Post Delete Post View Post Send Teachmichigan a private message Print Post    
Snopes.com had a recent update. It looks as if it will NOT have such negative effects on consignment shops as was previously thought. Read about it HERE. The update is down in the bottom 1/3 of the page.

Zgoodgirl
Member

08-22-2003

Monday, January 12, 2009 - 5:08 am   Edit Post Move Post Delete Post View Post Send Zgoodgirl a private message Print Post    
Here's an article about it from CNN. LINK