Consumer Product Safety Improvement Act of 2008.
We believe that by taking a few proactive steps, we can comply with the new law while still providing our community with the best new and gently used children's items.
Generally, the stated purpose and clear intent of the Act is to prevent the manufacturing and import of unsafe children's products, the Act does NOT explicitly exempt sales of products through consignment or secondary marketing mechanisms.
1. The purpose of the Act is to protect children from excess amounts of lead and other contaminants sometimes found in toys, furniture and other consumer products likely to be used by children, many of which are manufactured in Asia and imported for sale into the US .
2. The Act focuses substantially all of its substantive (non-administrative) provisions to manufacturing, labeling, and certifications of compliance.
3. Some portions of the Act do make it unlawful to "sell, distribute or import" children's toys or child care articles containing excessive amounts of various contaminants. However, those portions of the Act, we believe, should be read against the purpose and intent of the Act and should generally apply only to the introduction of such products into commerce, not to the resale of such products by consumers who first purchased those items new from retail sources.
4. While there is no specific exemption in the language of the Act which eliminates the Act from applying to resales or secondary sales, it is clear that the emphasis is upon manufacturing and not on resales by consumers in consignment shops, thrift shops, garage sales or similar secondary methods of marketing.
At mom2mom, the safety and security of our consignors, shoppers and their families is a top priority. Therefore we support the intent and purpose of the Act. Our official policy concerning children's items will be the following:
A. mom2mom will not accept any items that are the subject of a past, present or possible recall
B. As always, consignors will sign a waiver.
C. mom2mom will have lead monitoring and detection devices available for a nominal fee at each sale and encourages consignors to use detection devices before dropping off items.
mom2mom does not accept any recalled items.
Please check Consumer Product Safety Commission website www.cpsc.gov
Mom2mom supports the intent of the HR4040 and looks forward to serving our communities. Again - we thank you for supporting mom2mom.