New toy law to adversely affect collectors market?

Transformers News: New toy law to adversely affect collectors market?

Wednesday, January 7th, 2009 10:48PM CST

Category: Toy News
Posted by: Nekoman   Views: 28,745

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It appears problems caused by the lead toy recalls have yet to cease: a new federal law taking place as of February 10, 2009 will illegalize the re-selling of children’s toys and clothes unless tested to be lead free. You can read the entire article from KVUE.com by clicking here.

A new federal law is raising concerns and questions nationwide and here in Austin.

On February 10, 2009 it will be illegal to re-sell any used children's products including toys and clothing. That is according to the U.S. Consumer Protection & Safety Commission who pushed for the new laws after dozens of toys were recalled in 2008 because of lead concerns.

Toys, clothing and other items used by children under 12 will be subjected to lead testing and will have to have labels on them to prove that they have passed inspection.

What is raising the ire of parents and business owners far and wide is what this will mean to clothing, toys and other children products made before February 10, 2009.

Gary Walthall, the owner of Once upon a Child, a resale shop specializing in children's clothing and other items, is afraid that he'll have to close up shop.

Adding to the confusion and frustration is the fact that the U.S. Consumer Products and Safety Commission is not returning calls or e-mails to the countless re-salers and even journalists who have tried in vain to get clarification on what the law means to garage sales and how it will be enforced.


How will this affect you and the collecting market as a whole? That‘s still unconfirmed, but there is relevant information coming from GovTrack.US. From Sec105, 1, D, ii:

The term 'retailer' has the meaning given that term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052), but does not include an individual whose selling activity is intermittent and does not constitute a trade or business.

And from Sec201 a, a, 4:

the efforts of the Commission to reach and educate retailers of second-hand products and informal sellers, such as thrift shops and yard sales, concerning consumer product safety rules and product recalls, especially those relating to durable nursery products, in order to prevent the resale of any products that have been recalled, including the development of educational materials for distribution not later than 1 year after the date of enactment of this Act.

Stay tuned to Seibertron.com as more updates come in.
Credit(s): KVUE, GovTrack.US, King or Terror, Mkall, Psychout, Chaoslock
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Re: New toy law to adversely affect collectors market? (863103)
Posted by Orion_Prime48 on January 7th, 2009 @ 11:11pm CST
wow they are goin outta the way to make new laws anymore arent they....... that is smart in a way to prevent lead poisoning but cmon
Re: New toy law to adversely affect collectors market? (863109)
Posted by Shadowstream on January 7th, 2009 @ 11:44pm CST
It's times like this I wish I could point out everything wrong with humanity in general, but that would take years.
Re: New toy law to adversely affect collectors market? (863111)
Posted by Bumblebeast on January 7th, 2009 @ 11:51pm CST
I'm surprised that there are still toys with lead in them.
Re: New toy law to adversely affect collectors market? (863113)
Posted by Serpent O - R on January 7th, 2009 @ 11:55pm CST
Agent 007 wrote:lame, now quick we gotta form a tf underground railroad! :P


We can start with H-O-S Optimus Prime...

ok, not that funny, but still.

This is retarded [no offense intended].

All this is is a way to generate more revenue for the american government and its patron saints, the lobbyists.
Re: New toy law to adversely affect collectors market? (863121)
Posted by nemesis-prime on January 8th, 2009 @ 12:32am CST
This will only make someone put some "LEAD" in some government ass. LOL
Re: New toy law to adversely affect collectors market? (863122)
Posted by CollectionTF on January 8th, 2009 @ 12:33am CST
It's not going to affect us as a collector. Plus BBTS was thier every product has a safety warning that says "not suitable for children under 16 years of age."

I mean so what, the toy has be tested, big deal. It has happened before.
Re: New toy law to adversely affect collectors market? (863125)
Posted by First-Aid on January 8th, 2009 @ 12:43am CST
It's very interesting to see how the US works anymore. This is supposedly a democracy (or a representative republic, according to the Constitution) in which the majority should rule. However, what we are finding more and more is that it is not the majority that rules, but the MINORITY. One example: several states put up votes on gay marriage...which to me is really a non-issue, but the governments felt that the people should choose. The people voted and the majority ruled in those cases. However, the MINORITY proceeded to get the law changed in their favor or altered DESPITE the majority vote. Now I am using this only as an example; gay rights, like I said, are a non-issue for me...6 of one, half dozen of the other as far as I'm concerned. I don't want to get in the middle of it. This lead paint thing is another of these situations where a SMALL minority of the toys used these paints. I'm all for safety but is anyone really aware 1) how much lead it takes to have an adverse affect on a human being and 2) how relatively LITTLE exposure this is? There are ZERO news reports about kids being affected by this...just that lead was found in the paint! This would be another case where, if properly researched numbers were to come out to the public and they were allowed to actually vote on it, the majority would vote the law down...and then it would promptly be overturned by the minority.

Pathetic, really. This could conceivably be a MAJOR economic blow, especially to people who sell these for a living (and it is a major market). THe small business lobbies have to be spinning in their seats right now.
Re: New toy law to adversely affect collectors market? (863132)
Posted by Savage on January 8th, 2009 @ 1:44am CST
This is sad. Why target the sellers and consumers? We don't need this law, we need reliable and thorough quality control in the manufacturing process.
Re: New toy law to adversely affect collectors market? (863149)
Posted by Stormrider on January 8th, 2009 @ 2:53am CST
i_amtrunks wrote:
Mkall wrote:I wonder if this explains BBTS's recent warning?

BBTS wrote:Safety Warning: This Product is for Adult Collectors. It may contain sharp points, small parts that are choking hazards, and other elements that are not suitable for children under 16 years of age.


If it is, it means BBTS think that they might get sued by parents if the toys are tested later.

Funny usually laws like this are made to give the public a sense of feeling that their government is doing something to help and protect them, but its all for show and they never follow through with it and enforce it.

The only thing to come from unenforceable laws like this are law suits...


I tend to agree. I think the U.S. Government is going to cave on this law and requirements for resellers, the same way they are caving right now on the terms they setup for retailers with toys and clothes. The terminology is too broad and unenforceable. They are also too costly and prohibitive. Can you imagine how many laboratories there need to be in order test all the potential clothes and toys in the U.S. for each reseller? There would be a back log of testing for months and months.

I don't see them going after small resellers. In fact, the terms above state that most eBay sellers are excluded from the term "reseller". However, with all of that said, I wouldn't put it past eBay to come up with some new ridiculous rule that makes it difficult to sell toys.
Re: New toy law to adversely affect collectors market? (863160)
Posted by Ravage XK on January 8th, 2009 @ 4:37am CST
Its all a bit daft.

If we are talking G1 toys containing lead and I dont know if they do or not. These a mostly sold/bought by collectors and I dont know many collectors that would hunt down a G1 Smokescreen just so he could give it a good lick.
Re: New toy law to adversely affect collectors market? (863197)
Posted by Counterpunch on January 8th, 2009 @ 7:17am CST
Laws have to be enforcable.

This will never fly.

You guys are too jumpy.

::kicks dirt at reactive legislation::
Re: New toy law to adversely affect collectors market? (863230)
Posted by Optimist_Prime on January 8th, 2009 @ 8:34am CST
They want to enforce this with flee markets and yard sales? :)) :)) :))

Hey, all the more luck to 'em :P .
Re: New toy law to adversely affect collectors market? (863240)
Posted by Zeds on January 8th, 2009 @ 9:00am CST
Glad I sold off the majority of my collection on eBay already. This is stupid.

I would just start posting on eBay CANADA to get around the issue, but US customs may confiscate the parcel once it tries to cross the border once inspected.

I really think the US government has more pressing issues than this to deal with don't you?
Re: New toy law to adversely affect collectors market? (863248)
Posted by Counterpunch on January 8th, 2009 @ 9:14am CST
Counterpunch wrote:Laws have to be enforcable.

This will never fly.

You guys are too jumpy.

::kicks dirt at reactive legislation::
Re: New toy law to adversely affect collectors market? (863249)
Posted by insanityzmaster on January 8th, 2009 @ 9:18am CST
Yeah you would think in a day and age when we have starvation and poverty and all kinds of wars and crazy crap happening that the govt would worry a lil less that (insert name) is trying to eek out a meager existence by selling old stuff at a flea market or in his eBay store seriously wtf!!!
Re: New toy law to adversely affect collectors market? (863270)
Posted by nemesis-prime on January 8th, 2009 @ 10:35am CST
well im gonna sell stuff untill i get some kind of notice to stop, i might have to stop shipping to canada thou :-x
Re: New toy law to adversely affect collectors market? (863275)
Posted by DMSL on January 8th, 2009 @ 10:51am CST
DOn't they have anything better to do than to come up with stupid restrictions like this? I understand the part about lead in new toys, but come on.
Re: New toy law to adversely affect collectors market? (863278)
Posted by Sunstar on January 8th, 2009 @ 11:09am CST
holy cripes... ugh...
Re: New toy law to adversely affect collectors market? (863286)
Posted by NuclearConvoy on January 8th, 2009 @ 11:29am CST
I just love current legislation.
Keeps making me happy I'm in Canada.
Now's about the time for you guys to start harrassing your local representatives, no?
Re: New toy law to adversely affect collectors market? (863310)
Posted by JaZzTaStIc on January 8th, 2009 @ 12:57pm CST
it comes down to the fact that the government can't taxt second hand stuff, so they'll force you to buy everything new

its f**kin stupid, there are far more important things to worry about in the world then this, whatever idiot came up with this needs to be shot, plain and simple

its about time the human race stopped being so retarded

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