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  #31 (permalink)  
Old 01-22-2009, 09:15
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Default Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!!

There was a new story in a post here - the lady from cpsia said consigment shop owners are supposed to use "their best judgement". As she explained it, if they think it could have lead, they shouldn't sell it. As I was watching this I was thinking - so all you have to do is play dumb. I got the feeling this was one of those loopholes that they didn't plan for because when asked the direct questions, the cpsia didn't really have an answer.
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  #32 (permalink)  
Old 01-23-2009, 10:35
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Default Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!!

Quote:
Originally Posted by [email protected] View Post
So how can consignment stores & resellers be exempt from this if they dont test either?
That is the big question..


As far as playing dumb, I suppose you could, but personally for me I would rather not risk a $100, 000 fine per item and 15 years in jail. I have a feeling a lot of consignment businesses would feel the same.

Plus I would, as a business, like to be operating legally.
I don't necessarily agree with the stringency of the law but would like the chance to comply at a reasonable price if I have to. JMO
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  #33 (permalink)  
Old 01-23-2009, 11:50
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Default Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!!

There was an article here in our local paper saying that "thrift" stores are exempt from the new law. The owner of the consignment shop that I sell my bows in showed it to me. She is not at all worried about this new law and has talked to owners of several other consignement shops in our area and they feel the same way. And she has a good point....she as a business owner as not received any hard copy information regarding this new law. She had heard nothing of it until I mentioned it to her, which I learned from forums like this one. If they are passing a law don't you think they should have to notify business owners who would be affected by it?

Also, did you see where that CPSIA lady said something like they are focusing on items that would pose the most harm(can't remember word for word what she said).......in my opinion that would not be bows!
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  #34 (permalink)  
Old 01-23-2009, 02:37
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Default Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!!

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Originally Posted by mommieze View Post
That is the big question..


As far as playing dumb, I suppose you could, but personally for me I would rather not risk a $100, 000 fine per item and 15 years in jail. I have a feeling a lot of consignment businesses would feel the same.

Plus I would, as a business, like to be operating legally.
I don't necessarily agree with the stringency of the law but would like the chance to comply at a reasonable price if I have to. JMO
I agree completely! Someone mentioned selling their bows without testing because they had been on their daughters head and I thought of the same thing and said it in another post jokingly too . I think, and I of course am not a lawyer, but I think the only way you can get away with that is by not listing them as new. So if you have a website, I don't think you could get away with this unless you noted that your bows were used. I don't know. It really doesn't make sense to me that someone would be able to sell new bows in a consignment shop without testing, but if I put mine in a boutique, I could be fined for noncompliance.

And, BTW the likelyhood of ribbon having lead in it is slim to none, unless it contains metallics (note: I'm not sure about wired ribbon) - which you should be able to tell by looking at. Almost all ribbons contain less than 20ppm lead. It is when you add rhinestones and other embellishments that can be a little risky, so if you are supposed to rely upon your judgment, then stay away from metallics, rhinestones, puff paint, painted buttons, etc. Alligator clips and barettes are just as unlikey to contain lead, it is a very malleable metal and not typically used for these products - after having my clips tested, all of them passed with FLYING colors. Also, if we are left to using our "best judgement" and that is the final stance, then make sure you find a supplier who can provide you with the GCC's for their products and assuming you are not spraying a can of lead onto your hairbows or it is not magically appearing on your prodcuts via an evil lead fairy, then obviously you should be in compliance.
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  #35 (permalink)  
Old 01-23-2009, 09:33
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Default Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!!

Sorry to confuse you but the "best judgement" comment from the cpsia was related to consignment shops only. The part of the interview about consignment shops really didn't answer the question. She suggested it was as simple (or tough) as not taking in things that looked like they might contain lead. She said "consignment shop owners should use their best judgement when reselling item" (that might not be the direct quote but it is close - I know she said best judgement)

Basically if you are a consigment shop owner, caught selling things that contain lead, you could say you didn't know.
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  #36 (permalink)  
Old 01-25-2009, 03:01
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Default Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!!

As this will affect all of us, both starting up and well established businesses, the ABSOLUTE best things to do about it are:

1. Contact your local Representative or Congress man/woman. Tell them your concerns and ask for their assistance to change the law. We are trying to keep our businesses afloat or to start one in this struggling economy and with the law as it's currently written, our businesses will be shut down, dreams will be destroyed and so on...and of course suggest the changes you'd like to seen made to the law.

2. Write to the CPSIA (see link below) and submit your comments. There is a HUGE document arleady full of comments, and the more we submit, the better the chance of our getting our voices heard and this thing changed.
There is a time deadline, so do it NOW!!!

Comments must be received by the Office of the Secretary no later than January 30, 2009.
Comments may be filed by email to [email protected]. Comments may also be filed by facsimile to (301) 504-0127 or by mail or delivery to the Office of the Secretary, Consumer Product Safety Commission, Room 502, 4330 East-West Highway, Bethesda, Maryland, 20814. Comments should be captioned “Section 102 Mandatory Third- Party Testing of Component Parts.” Interested persons will also have additional opportunities to comment following publication of any notices of rulemaking proceedings in the Federal Register which are commenced under this section.


I would love to hide under cover and play dumb, but the consequences are so great, that if we all join forces and write it, we will be heard. Already they have listened and have made Thrift stores exempt, products made from natural wood are now exempt...Let's get them to do it for the hairbows (of course we have to include all the components...the glue, ribbon, gems, flowers, thread, elastic, clips, bottle caps, buttons etc.) But if we just sit around and not put our voice in, what we fear to happen is much more likely to actually happen...No one will know that we disagree unless we tell them! If it doesn't work, then we go from there...

Stephanie B

Last edited by StephB; 01-25-2009 at 03:03.
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  #37 (permalink)  
Old 01-26-2009, 06:15
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Default Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!!

Please click one of the Quick Reply icons in the posts above to activate Quick Reply.
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  #38 (permalink)  
Old 01-26-2009, 06:18
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Default Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!!

What has anyone heard about being an "assembler" vs. a "manufacturer"? I guess the law applies to manufacturers but not assemblers?? If that's the case, then I am definitely an assembler. I don't make the materials, I just put them together.
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  #39 (permalink)  
Old 01-26-2009, 06:33
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Default Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!!

I do the same the the CPSC said I was a manufacturer because I was creating a finished product. Until they figure out what they are doing they have no real idea how to apply this law. It is all so stupid.
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  #40 (permalink)  
Old 01-26-2009, 06:45
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Unhappy Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!!

A manufacturer is anyone who makes, embellishes, imports fully made items, or just assembles raw materials. The CPSC has defined manufacturer on their site so you can't get by on any other definition.
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