Resale Shop Owner Questions CPSC Press Release About CPSIA

 [This is another in a series of posts by Susan Maphis covering the impact of the Consumer Product Safety Improvement Act (CPSIA). For more information about the CPSIA, read Susan's previous article: The End Of Handmade and sign up for her CPSIA Alerts Mailing List ]

Jennifer Guenther is the owner of Enkore Kids, LLC, a children’s resale shop operating in Boonsboro, MD and also online, that sells new and used children’s items for ages newborn to 14. She was not placated by the press release the CPSC put out on January 18 regarding the CPSIA, trying to allay the fears of those in the children’s resale business. In response, Guenther released her own statement to 5000 of her customers.

Guenther noted that, in its press release, the CPSC was merely restating some facts about the law that most businesspeople already understood. Items made before November 2008 are not required to be tested as per the law, so the CPSC reiterated that resale stores are not responsible for testing. However, those resellers that do sell products in violation of the new law will still face civil and/or criminal penalties ($100,000 per offense and/or up to 5 years in jail.)

“So we don’t have to test, but to be sure we don’t open ourselves up to civil and/or criminal penalties I either don’t sell anything that I don’t have a GCC (proof of testing done by the manufacturer) for or I have to test it myself,” Guenther says. “I feel insulted that the CPSC even bothered to issue that press release.”

Guenther outlined suggestions on what needs to be done to save the resale industry. She noted that the Falvey Opinion that interprets the law with respect to lead is retroactive. “Even once we get passed February 10, the legal lead limit is lowered to 300 ppm in August, 2009 and to 100 ppm in August, 2011,” she explains. “So each time, the stuff legally made right before the deadline will be illegal afterwards unless the ‘retroactivity’ is reversed. And since GCC’s aren’t required to specify the amount of lead (if any) in the product, this chaos will return again as retailers won’t have any idea if the products on their shelves meet the next lower standard. The CPSC needs to take responsibility for recalling products before we can be liable for selling or reselling them. This will relieve the responsibility of researching potentially hazardous items from individuals and small businesses. ”

“Barring a reversal of the Falvey Opinion, my next best solution is for the CPSC to officially recall every child’s item made before November, 2008,” Guenther says. “Thay way retailers and consumers with all this toxic stuff can turn it in to the manufacturer for full retail credit.”

Guenther features a wide variety of children’s products at Enkore Kids, LLC, including .99 cent videos for moms and babies. She is currently offering a free Ergo diaper bag with the purchase of any Ergo baby carrier (shown in above photo) plus Ergo accessory. This special offer is good until February 9.

[ For more information about the CPSIA, read Susan's previous article: The End Of Handmade]