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Jan 3, 2009

The End of Second-Hand Kids' Clothes and Toys?

"Barring a reprieve, regulations set to take effect next month [Feb. 10] could force thousands of clothing retailers and thrift stores to throw away trunkloads of children's clothing."

Read the rest of the L.A. Times article, "New safety rules for children's clothes have stores in a fit"

And this from San Francisco's KCBS: Thrift Stores: New Child Product Safety Laws Too Costly

And this response from The Simple Dollar.

I'm stunned. On one hand, there's no doubt about the need to protect children. On the other, the economic effect this act will have on families who depend on thrift and consignment stores to clothe their children is unmeasurable. And yet smoking cigarettes around kids is perfectly legal as are so many other activities and products that we identified as health hazards years ago.

Find links press coverage and resources for taking action at the Handmade Toy Alliance website and a wealth of information on taking action at I Heart Handmade (This Crafty Mom). Spread the word. And by all means, post about this issue on your blog, if you have one. Maybe we can prevent "National Bankruptcy Day" from happening.

What do you think, readers?

Grab this banner:
It's linked to this article right now, but feel free to change the link to the resource you feel is most helpful.



56 comments:

lmdavisse said...

Wow! That's really a big deal...I consign my kids things and rely on them to buy as well. This really will be a huge burden for the individually owned shops. I understand protecting our kids, but don't we have the ability to do this for them??

Angie said...

That's how I feel, too, Imdavisse. The whole thing seems surreal to me. I think the next several weeks will bring a lot of light to the matter and its affect on shop owners, craftspeople, and parents.

Brooke said...

I own a very small clothing company. Its sad because we are struggling to find a way to stay open. I don't think the government fully grasps what it is doing. It not only shuts down consignment shops, but also all handmade items and small businesses.

Elizabeth said...

I also own a small home based business with products intended for children under 12 and I am having to close my doors unless the law is amended. The economic impact is enormous - think not only of all of us who consign or buy second hand clothes, but of all the moms out there who make grocery money by selling handcrafted children's items. This has been an issue I posted about a few days ago -- SAVE HANDMADE! I have my fingers crossed that our lawmakers will foresee the effects this will have on families.

Kimberly Graesser said...

What can we do to stop this? Who do we need to write in Congress? I'll send a letter right now because I surely can't afford my son's clothes in the future if our local consignment and thrift stores close down.

This is the LAST thing we need with the economy in a slump! Why haven't we heard of this sooner?

I'm beside myself...

Meredith@MerchantShips said...

I was so shocked, I couldn't help posting about the same issue...and then making an immediate trip to Goodwill to see if there was anything worth buying ahead!

Angie said...

At least its a good time of year to do it. Lots of recently-donated toys and clothes in the stores. Soon to be in the landfills, I guess.

Anonymous said...

Kimberly-write into your state and federal congressman immediately. Especially those who have home based businesses that are already suffering due to the economic crisis. Say goodbye to small businesses that are already suffering. Its great that they have our childrens safety in mind, but what happens to the waste? I buy 100% cotton clothing for my children. I am not concerned with their safety considering I grew up in the same types of clothing.

Anonymous said...

Is this going to be in every state or is it another crazy California law?

Anonymous said...

I didn't get that consumers have to do the testing--just that the companies would have to, the manufacturers and the resellers--not the people donating or giving away their clothes.

So can we all be locked up for selling and buying clothes on garage sales? give me a break! There are more important issues for the gov't to spend time on, such as making carseats even safer and abuse laws tougher, etc. Sheesh!

Renee said...

I wrote to my senators and congressmen as soon as I heard about this - a few weeks ago. Only 1 has responded and he was reiterating his position of being FOR this legislation. Needless to say, I will NOT be voting for him - ever. The kicker is that he is a member of the political party known for for their penchant for de-regulating government!

Erin G said...

I read this on the simple dollar today, too. what a bummer, especially in today's economy. thanks for the banner!

Kristi said...

Wow, I haven't heard of this. I am able to buy brands like Gymboree for my kids but I rely on reselling them to pay for the next season's clothes. I participate in a huge consignment sale in the Dallas area, and I wonder what will become of it.

ali said...

This is crazy! Does this mean that all of my daughter's clothing is considered hazardous and unwearable???? I all for proctecting our children but, how are we suppossed to economically survive from this as a nation?

julie said...

so Goodwill, Salvation Army, etc. is going to go under? yeah right. I haven't read up on all the details but have been following this for a couple weeks since it came out (hoping for an amendment in the mean time)-but my understanding is that the manufacturer has to do the testing not the consumer...so that would 'elminate' the issue of second hand stores because technically everything coming to a second hand store (and for kids 12 and under) would be tested by a manufacturer already-so why would it need to be tested again?

But I am with you Angie-it is OK for someone to smoke on the sidewalk by the school but it is not OK for me to support the local mom and pop shops that create unique items for kids? sure I want my kids safe but I don't like it when people smoke around my kids either (nothing against smokers here!).

Hey I worked under high power power lines for 4 years-yes they knew it was dangerous and we could only be there for 4 hours or less a week so they did take some precautions but I still was exposed to it for 4 hours....

anyway-I'll stop blabbing now.
~Julie
PS-support handmade!!

minicoop said...

This is crazy.....At what point does a parent become responsible for their childs safety??? If I purchase something second hand (whether a consignment store or yard sale) I believe that I accept the fact that it might not be 100% safe (although I hope my judgement would prevent me from any decisions that were not). If I want that security, I should buy it new and test it myself before my child touches it.

Like you posted...there is no legislation to protect a child from second hand smoke and other hazards, but this is where they started???

If this legislation stays in effect as written....FREEPEATS will be the next to suffer because people will not be able to give things away without that civil liablity.

JUST CRAZY

Jordysmama said...

Forgive me for being slow..does this mean I can't even sell the clothes she just grew out of on ebay or other places? I can't accept hand me downs from my friend or I'm breaking the law? This is the end to consignment and thrift stores for clothes? What about retail stores, are getting rid of everything in the stores to make way for items after Feb 10...how maybe we could get some good sales from that LOL Just kidding :) This sucks!

Angie said...

I'm unsure about the affect the act will have on person-to-person exchanges and giving. You better believe I know the impact this will have on Freepeats, clothing swap meets, etc. Tragic.

The info out there right now regarding donations is self-conflicting. Another week or two should help clear things up so that we better know where we stand.

MelRae said...

Oh, this makes me ill. I have lots of hand-me-down clothes for both my boys. I am really not concerned about the chemicals in their clothes...they wear mostly natural fibers, and really the danger is low. But the thought of low income and frugal families not even having the *option* of buying kids clothes at Goodwill and consignment sales? This just can't be.

I live in Nashville, and three times a year a church near my house hosts a large consignment sale. They usually have a sale at the end of February for Spring/Summer clothes, etc. I just checked their site....no mention of the date of the sale. It takes them all year to put on these three sales....so I'm concerned. I could email the director of the sale....I'm scared of her response.

I'll get the word out!

Kimberly Graesser said...

I posted my first comment before Angie added all of the links but have since written my congressman, senator & the CPSC. I sent them in emails but I'll be printing and mailing copies in the morning!

Anonymous said...

"And yet smoking cigarettes around kids is perfectly legal as are so many other activities and products that we identified as health hazards years ago." Exactly. Don't even get me started on that point.

This is such a dumb idea. Although I don't thrift/consignment store shop, I do donate and hate to waste. I purchase from large companies a lot but also love to buy handmade things from individual crafters/artists (like on etsy.com). These regulations will have an adverse affect on so many many small businesses. I even read that some cool European toy maker (Selecta?) may not do business in the US bc the new regulations will price them out of their market. This is just the beginning of a huge ripple effect. Great timing too.

Jennifer

TwoWishes said...

Wow, I had heard of the unfortunately "side effects" of this law with respect to handmade/artisan children's toys, but I didn't know that clothing was included as well.

What's particularly crazy is that the fabric in kids' clothes is treated with all sorts of chemicals more common (in the clothing context) than lead and pthalates. And I have read that buying second-hand clothes is a way to combat THAT problem -- by the time the clothes reach the second-hand market, they've had some launderings to get rid of those chemicals!

Anonymous said...

WOW!!! So where were all of these "CARING" decision makers a few months ago when Avent bottles were recalled in Canada???

Fairymom said...

I am beside myself right now. As a stay-at-home mom with only my husband's income to depend on, we buy about 75% of our two-year-old and one-year-old's clothing from Goodwill and consignment stores and sales. I also sell a lot of clothing they have outgrown to consigners. We can't afford new clothing every time they need it. I'm sure the bozos in Congress didn't consider issues like this because they probably don't think twice about spending some crazy amount on suits and ties and darned cuff links because they can afford it!!! Grr, this just makes me angry!

I'm all about protecting our children, but this does not seem like a good place to start. I don't know what we'll do if this law does not get amended.

Shopping Queen said...

Looking at the CPSC website and actually reading the documents makes this even more upseting. This in essence is a retroactive law and even large corporations with big law firms and powerful lobbies have not been able to get anything changed. See this rejection in response to one law firm's request on behalf of its clients. One client actually estimates the value of its affected inventory to be $500,000,000! http://www.cpsc.gov/library/foia/advisory/322.pdf

I hope they do come to their senses and make this a phased in law.

Amanda said...

I emailed my congressman and my senators, this is horrendous, the amount of horrible things that my son is exposed too every day and this is the frivolous "protection" that they offer, ugh! Very misguided!

Meghan said...

I understand the logic & the concern
BUT
in this world perhaps our government should concentrate on making sex offender laws more stringent or better punishments for people who abuse children. Maybe actually put programs in place for children that are homeless. Use their "pull" for some real issues!

iseekids said...

I have to agree Angie. Insane. As you know I work at Kid to Kid. Something like this would put me out of a job! On top of that I buy about 90% of my kids things resale (either at Kid to Kid or other places). The economic impact this would have on my family is not a pretty one.

I signed a petition against the law. Let's hope they actually listen.

Rmenda said...

I signed the petition the other day..We have been discussing this matter on the ebay discussion boards for a few weeks now. I buy alot of secondhand clothing for my daughter since she grows so fast. This keeps her closest full of cute clothes for LESS $$. Then once she outgrows I sell on ebay or take to a kids consignment sale 2x's a year. That money in return helps buy her newer stuff. I wonder if the new stuff stores are putting out have been been tested? Wouldn't the stores/manafucters get a headstart just in case this law passes? Or will walmart have to trash every single baby/children's item come next month? This all just doesn't make sense to pass. I hear people writing their congressman to get a canned response about how they are 100% FOR this bill. So apparently they have never had to dress their kids in secondhand clothing. I want to be able to still participate in a kids consignment sale in March and be able to never think twice about dressing my daughter for LESS $$ in secondhand clothing and reselling later :)

Pamela Kramer said...

Hoping for the best and preparing for the worst. Thank you for spreading the word to your readers.

Amy said...

This is astounding. Given the state of the economy and the importance of reuse for the environment, I can't believe this legislation. Of course keeping kids safe is important, but this is a pretty short-sighted approach. Why isn't Congress reviewing our trade policy with countries like China with sub-par safety standards rather than targeting families and small-businesses?

Anonymous said...

This really stinks. What are they going to do, go around shutting down people's garage sales?

Precious said...

This was not done to protect Main Streets interests. This was done to protect retail stores and sales tax revenue. Write your congressmen and senators and tell them you want this bill overturned.

Senators:

http://www.senate.gov/general/contact_information/senators_cfm.cfm

Congressmen:
https://writerep.house.gov/writerep/welcome.shtml

Precious

Sarah said...

Thank you for this post! I've been posting about this issue on my blog too and it amazes me how few people have even heard about the CPSIA.

A couple of notes for previous posters, as written, the law will apply retroactively. Products manufactured up to this point would not have been certified so they would be illegal to sell by any means - thrift store, consignment, eBay, etc.

This act was already signed into law, so it's not a matter of whether it passes or not. We just have to hope for some amendment. The original intent may have been good, but as it stands it just doesn't make sense.

SLM said...

Apparently I suck at the Google search. I'm looking to find some links to "official" sites like the CPSIA that say beginning February 10, 2009 people will no longer be able to sell children's stuff second hand. I've been searching and not really finding anything from a government site.

My local twins club does a garage sale three times a year and we are gearing up for the nex one in March. I'd like to pass on good, specific information to the club so we know whether or not we can hold this.

Also, will this law affect things like Craigslist and ebay?

Thanks!

Amy H said...

I posted this on my blog and joined the facebook group against the bill. I get that they started off trying to protect our kids with this bill but the result is just so terrible for middle and low income Americans. I just don't think that they get it in Washington. We elected them. We pay their salaries. And I doubt this is a one-time oversight. I think this is the kind of dumb stuff that our government does every day and it just hurts us.

jenifer said...

I just read the act and the acts talk about lead and elecroplating in toys. I found nothing about clothes. Also, the only thing that it says you can not resell is cribs. In 62 pages, there is only mention of no reselling for cribs.

Jenifer

Jen @ Rolling Through Looneyville said...

Posted about it on my blog as well. Looking forward to seeing more information.

Kristen said...

"but my understanding is that the manufacturer has to do the testing not the consumer...so that would 'elminate' the issue of second hand stores because technically everything coming to a second hand store (and for kids 12 and under) would be tested by a manufacturer already-so why would it need to be tested again?"

Clothing and toys are not going to be grandfathered in. That means EVERYTHING on those shelves would have to have been tested and they would not have been. If they start testing now, then we would have to wait a season/year to see them ready for resale. Can consignment stores last that long? Can they take a chance bucking the law?

Alerrtx said...

I buy and sell second hand clothing. My children rarely wear out their clothes and toys and I own them, I should be able to sell them. I understand that the CPSIA is working to protect children. To take away low cost options like consignment, garage sales and goodwill by making the law retroactive is THEFT by the goverment on lower and middle class people who are already struggling. Here is the beat down on mainstreet. We are kinda hard to see from congress' high horse. We look like little ants to them.

Anonymous said...

I am just floored! My kids have enjoyed the handmedowns from families and i have enjoyed passing them on to other's who may need them - or like me, want them...will my 14 year old daughter go to jail when she "trades" clothes with her friends? and my 3 1/2 year old son be in trouble with the clothing police when they find out that he gave his gently used clothes to his friend's brother? this is ridiculous! in a time when people are losing their jobes enmass....who is the dumbass that came up with this one? and how much does he make a year?

doserbud said...

Voice your opposition to the Consumer Product Safety Improvement Act by mailing one used piece of clothing (please mail clean clothing only) to your Senators and Congressmen. Let them know how you feel about this new law.

By mailing your Senators and Congressmen the used clothing it will draw more attention to the situation than just a letter. A letter takes up little office space, the clothing will pile up and become an eye sore. Imagine if each Senator and Congressmen received just 1,000 letters with a piece of clothing in it. That’s 1,000 pieces of clothing. It’s hard to ignore that.

Ericka said...

This is from the CSPC website, just posted yeterday the 8th of January. Clarification of the law regarding thrift shops and such:: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

SaveKidsResale said...

The CPSC’s press release is basically an attempt to imply that shop owners become bootleggers. No different really from Prohibition.

Liquor was illegal, government mostly looked the other way ignoring the speak easy’s, but the cops could still arrest you and throw you in jail if the anti-liquor crowd made a stink to local law enforcement. Prohibition was repealed as we know - it took a little while.

Don’t you find it curious that not one of our state or federal officials have gone on TV in person to address the issue?

Anonymous said...

Our government should be more concerned with the lead that are children are pumping into each other via handguns and get off this clothing issue already. Why don't they just ban adult clothing for the parents of the small children, especially babies, since they are in close contact with them. Lets make sure the dog collar is safe too, so when baby pets the doggie, he doesn't get sick after sucking on his collar. How about the carpet that they roll around on, are you going to fine me for poisening my child via carpet fibers. What a bunch of morons.

Anonymous said...

from http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

I THINK CONSIGNMENT SALES/FREEPEATS ARE FINE PER THIS STATEMENT ****Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.*****

the new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban.

Anonymous said...

The implications of CPSIA spread far and wide. It's not just books at risk, it is even hand-me-down toys and children's clothing.

But the impacts on books for kids is particularly outrageous. It smacks of government censorship, basically outlawing all the children's books ever printed because nobody is going to have the money to test them all.

So we'll be left with little diversity in children's books and school text books (they are apparently affected, too) for years. Maybe that's the idea? Control what children learn, and you control the future.

There's a lot of coverage of multiple angles of this law and links to places to read more, write protests, etc. at http://angiemedia.com/?s=CPSIA .

Anonymous said...

The government is trying to tell us we can't handle raising our children nor can we make our own decisions on what is right for our children and what is wrong for our children. Basically, they want to raise them theirselves....without doing the dirty work.

Anonymous said...

Ummm.. So the government is concerned about what our children wear, but does not care that they force us to inject toxins into them with vaccines?
Something is seriously wrong here!

SouthernMommy said...

I am confused...
The government is worried about what our children wear, but does not care that they FORCE us to inject toxins straight into their blood with vaccines?!

Anonymous said...

if the problem is because over seas clothing is not meeting our standards,,why are we allowing them in the country. I say we make ou own in america and create jobs here!!! not overseas

Rachel said...

I got an email about this today from my congressman in SC:

http://qwertytigger.blogspot.com/2009/02/update-on-cpsia.html

Anonymous said...

Doesn't our govt have other things to worry about?? Why do they care as to where my kids old clothing goes?? Just another way to hurt the middle class family and drain the economy even more.. they don't care..