Manufacturers, importers, distributors, and retailers should also be aware that CPSC will:
· Not impose penalties against anyone for making, importing, distributing, or selling
- a children’s product to the extent that it is made of certain natural materials, such as wood, cotton, wool, or certain metals and alloys which the Commission has recognized rarely, if ever, contain lead;
- an ordinary children’s book printed after 1985; or
- dyed or undyed textiles (not including leather, vinyl or PVC) and non-metallic thread and trim used in children’s apparel and other fabric products, such as baby blankets.
(The Commission generally will not prosecute someone for making, selling or distributing items in these categories even if it turns out that such an item actually contains more than 600 ppm lead.)
Sellers will not be immune from prosecution if CPSC’s Office of Compliance finds that someone had actual knowledge that one of these children’s products contained more than 600 ppm lead or continued to make, import, distribute or sell such a product after being put on notice. Agency staff will seek recalls of violative children’s products or other corrective actions, where appropriate.
So libraries and used bookstores are good. Handicraft toys of natural materials are fine... but all PVC, vinyl, and leather goods still have to be tested.
So, if I'm reading this right, you still won't be able to buy used pvc toys unless they've been tested. So go buy any thrift store McDonalds collectibles you need before the deadline? I'm not sure I'm entirely happy with this, but it is a pretty good compromise. Now if you want to make some money try and come up with a recycled product that can be made from ground up used plastic toys.
Originally posted by Lise So libraries and used bookstores are good.
Nope, they're pretty much hosed if they have a decent collection, since pre-1985 books are specifically not exempted. For example, Walter Olson (overlawyered.com) has already got a number of reports up of thrift stores and used bookstores disposing of children's books in order to be safe from potential litigation. Because the moronic/imbecilic/pathetic/choose your own pejorative idiots who wrote this ridiculously inane, over broad, and amazingly counterproductive piece of legislation also specifically included a whistleblower provision that provides for compensation to the whistleblower even if no harms were suffered, sensible business owners and librarians have no choice but to stop selling/distributing these dangerous materials.
If you're really interested in the way this dreadful piece of dreck is affecting people, some rationally and some semi-irrationally, check out Etsy's forums (etsy.com)
Vocatus atque non vocatus, Deus aderit. -- Erasmus
All others things being equal, the simplest solution is usually stupidity. -- Darwin Minor
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