How many of you have held a yard sale? Helped your parents set up for one? Tried to keep them from selling your massive collection of Barbies and/or Hot Wheels? We all have. But now it might cost you a lot more than you bargained for. According to an article at FoxNews.com, the Consumer Product Safety Commission, or CMSC, has come up with some pretty rigid regulations on what we can and can't resell.
These rules were set up in the 2008 Consumer Product Safety Improvement Act after a series of toy recalls that made big news. The rules originally applied only to new products, but now the CPSC is enforcing these rules when it comes to used toys.
This is directly from the article and explains the reason for these new rules:
"Those who resell recalled children's products are not only breaking the law, they are putting children's lives at risk,” said CPSC Chairman Inez Tenenbaum. "Resale stores should make safety their business and check for recalled products and hazards to children."
So what this means for resale stores, flea-markets and individuals selling used goods is many tedious hours consulting the CPSC's often-updated website and handbook for what they can and can't sell.
The consequences if your yard sale is targeted and you get caught selling an Easy Bake Oven that was recalled 15 years ago? Up to $100,000 in fines for one infraction and up to $15 million for a series of related incidents. Seriously.
The CPSC says that they are enfocing these regulations for the protection of children who might come into possesion of a second-hand toy that was recalled at one time.
While I do see the point of view of the CPSC in this matter, I definitely don't agree with it. I encourage them to monitor the sales and recalls of new toys but I don't think that they have any place policing yard sales and flea markets for toys that were recalled years ago.
When you purchase something secondhand, you purchase with the knowledge that it is just that- used. I think it's up to the parents in these situations to decide whether a used toy is still safe for their child. I would hope than any parent with common sense is going to ensure that a toy is safe before giving it to their child.
I think it's unfair to slap these fines on individuals and small resale shops when many of them don't even know these regulations exist. It's ridiculous to me that they are expected to track every product recall and search through the sometimes cluttered and unorganized inventory of a flea market to find these things. Especially a business that might only be run by 2 or 3 people. They'd need another full time person just to search for recalled products.
After reading this article, I will say that I fully understand the position of the CPSC and I realize why they're doing this, but I think they should stick to regulating products being sold new. Leave the yard sales to the parents.
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This is rediculous! I agree with what you are saying. It is one thing to recall products that are still in stores for protection, but targeting places that resale items and even yard sales! People have an understanding when the purchase a USED item that there could be something wrong with it because it is USED. I think they need to step back a little and let parents do their job to protect their child.
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