OUTRAGEOUS! Ponies & the Consumer Products Safety Commission Improvement Act

[Pikabubba]

No offense, you are in Australia. Perhaps the Austrailian government truly makes laws because the are looking out for the publics best interest. The US government does not always. If a group has enough money and/or makes enough noise (usually scare tactics), laws will be made to pacify that group. Yes, it is ENTIRELY possible that this has something to do with boosting the economy - or benefitting certain manufacturers/large retailers.

I hate to sound all "conspiracy theory" here, and I don't mean to start any kind of flame war, but I have worked in several industries where the government has over-regulated and gotten involved where they have no real reason to under the guise of what is best for us.

This law was NOT well thought out and affects things too generally. The US has a bad habit of letting the government (local as well as federal) behave as a nanny. The things I could tell you about California legislation that gets seriously considered! It's insanity.

I can definately see your point. As an example..one person buys a bike for their kid, the kid outgrows it so they consign it..who knows how many kids can end up using that same bike? With the new law...all those kids would have to be bought new bikes instead of use an old one..therefore more profit for the company.

The FDA is a TERRIBLE part of the gov. We get FDA inspections every year and get fined for the most stupid things (for those of you who don't know...the FDA sticks their noses in everything...not just food and drug. I deal with manufacturing of x ray film processors..they don't look or inspect the actual machine..they go thru q/a reports and service calls). On top of that, they charge thousands just for showing up (they tell you they're coming and you have to pay for their visit). When I worked in a salon..again they have inspectors for that- they fine the owners for crazy insane things and they make new regulations every year WITHOUT notice (please note every state has different regulations). The salon I worked at got fined for leaving the cabinet door open that towels go in (shampoo area). Supposed to be closed for sanitary reasons. I've heard that the inspector will go somewhere else and not fine the next place for the same thing. Guess it's who you know...
Anyways...like I said..I can agree with one thing..the gov is usually lookin for $$$$$

 

[aquiliea]

actually if you allow your child to chew/suck on something they shouldn't then yes you're lazy. They make baby teething rings for a reason. You're the adult you're supposed to make the decisions, not your kids, not the government.

Wow. I don't even have kids yet, but I find that both ignorant and a bit offensive.

I mean, I totally get where you are coming from. I personally think those walker thingies were the greatest things ever, but because too many babies have fallen down a flight of stairs (parents plopped them in then put them on ignore) they are now banned (now they have those silly saucer activity center thingies that don't move). It seems that parents are no longer being parents and are pushing their responsibilities onto others (government, schools, neighbours, etc). More and more I'm seeing things banned for the stupidest of reasons.

When it comes to kids chewing on things, however, that's a little bit different. Babies (and some toddlers) tend to explore the world with their mouth because that's one of their keenest senses. Unless you plan to keep your child in a plastic bubble, there isn't much that even the best parent in the world can do to prevent things from going in the mouth. The only thing that can be done is to keep dangerous items away as best as possible and keep an eye on the kid.

You mention teething rings, but what are you going to do when you've got a screaming kid that wont take to a teething ring and would much rather have a Fisher Price Little People Toy or large duplo blocks or, god forbid, a pony (and whether you believe it or not, there are kids like that)? What about when your 12 month old is playing nicely together with their 3 year old sibling? The 3 year old is going to get awfully bored very quickly if they are limited to just teething toys, etc. And are those teething toys even safe now? We were told these other toys were perfectly safe for children for years and now suddenly they're not. Seriously, what is a parent to do now (Responsible or otherwise)?

While I think it sucks that it is going to be hard to find ponies and other toys in thrift shops, as someone who is looking to become a parent in the near future I'm concerned about what is safe and what is not. How will I know and should I even care seeing as how stupid some of the new regulations are? Everything is starting to become one huge headache.

 

[Phantasy]

When I worked in a salon..again they have inspectors for that- they fine the owners for crazy insane things and they make new regulations every year WITHOUT notice (please note every state has different regulations). The salon I worked at got fined for leaving the cabinet door open that towels go in (shampoo area). Supposed to be closed for sanitary reasons. I've heard that the inspector will go somewhere else and not fine the next place for the same thing. Guess it's who you know...
Anyways...like I said..I can agree with one thing..the gov is usually lookin for $$$$$

Hahaha! Yup! That's exactly the kind of thing I'm referring to! I also worked in salons for awhile (nail technician). In S. Calif, there was actually a suit to ban using nail polish brushes on more than one client because it was "unsanitary." Completely untrue, and would require using a new bottle of nail polish for every client. There were lawyers running around and scaring the heck outta the little Viatnamese nail shop owners. This NEVER should have been taken seriously. Had it passed, it had the potential to put a lot of shops out of business. Of course, it was eventually dropped, but should never have gone as far as it did.

 

[space]

it's not just about toys... it's about everything intended for children 12 and under... shoes, jackets... everything.

old and new.

if the testing issue isn't changed before the year is up... all those things will have to be tested.

not only that, but the way the law is written, as a seller, you have the obligation to test, even if you got the item from hasbro, and they already tested it.

before resellers got exempted, that's exactly what they would have to do. test every piece of clothing and shoe, and sock and toy, before selling it.


but you have to have a resellers license, and if you don't... you're not a thrift/resale shop, and you are not exempted from testing next year.



so, think... long and hard, read the law... and get writing... all this "lazy" drama aside, this law is over sweeping, and the effects are far reaching.

the same "safe" results are possible with the increase of penalties for exceeding the lead limit. also, setting the limit, there was only a limit for paint, before. so, in some ways the law is good, in some ways, it's bad.


it's important to distinguish the difference, and FOCUS... people. don't bicker and get this thread closed... it's important. and it WILL effect you next february if nothing is done to make it fair and sensible.

 

[fantasticfirefly]

Thanks so much Space for your imput. Excellent reading.
If you can, please do try and make it back to this thread and update us if you come across more important info.

I'm in Canada, so I had no idea on the full ramifications of the US law. It really would incline one to believe that this is more about protecting producers of new children's merchandise, then actually protecting children... Think of the landfills.

The only thing they banned here, in Canada, was baby bottles with bisphenal a/BPA in them. took every bottle off shelves that had that compound in it a year or two ago.

 

[babyapplejack]

actually if you allow your child to chew/suck on something they shouldn't then yes you're lazy. They make baby teething rings for a reason. You're the adult you're supposed to make the decisions, not your kids, not the government.

Excuse me!!! I have 2 children, one who is almost 4 and the other who is 9 months. My first never chewed on anything, but my 9 month old constantly chews on everything! I cannot stop it unless I confine him in the playpen 24/7 with nothing in there but himself and even then he would probably chew on his clothes. And I would NEVER do that to him!!! It is a NATURAL thing for kids to want to always chew on things. He has tons of toys but likes to chew on anything that he can get a hold of. I just find it EXTREMELY RUDE for you to say that along with TwilightStarshine. Obviously you have no kids.

 

[Phantasy]

The only thing they banned here, in Canada, was baby bottles with bisphenal a/BPA in them. took every bottle off shelves that had that compound in it a year or two ago.

Now, THAT makes total sense and sounds like a responsible handling of things.

 

[vertefae]

Excuse me!!! I have 2 children, one who is almost 4 and the other who is 9 months. My first never chewed on anything, but my 9 month old constantly chews on everything! I cannot stop it unless I confine him in the playpen 24/7 with nothing in there but himself and even then he would probably chew on his clothes. And I would NEVER do that to him!!! It is a NATURAL thing for kids to want to always chew on things. He has tons of toys but likes to chew on anything that he can get a hold of. I just find it EXTREMELY RUDE for you to say that along with TwilightStarshine. Obviously you have no kids.

No I don't have children, but I have babysat many times for my cousin. I watched her little girl from infancy to pre-k and never did I allow her to chew on something that wasn't safe. And that is what I was saying, you cannot allow your children to chew on or play with items that are not safe for them. If you allow the government to control everything in our lives, then where is the freedom in that? I'm all for watching the lead content in items. But seriously the things they want to ban have been around for 20-30 years. None of us have any defects from them. The books they want to ban are completely safe, do you really want to see all of this thrown away? There's a point where you have to stand up and say enough is enough. If you are willing to roll over and take it; then the government is going to keep butting their noses where it doesn't belong. The waste created from this law will stretch our already stretched landfills to the limit. The economic strain on the the middle and lower class that rely on buying used goods will only push the country further into a recession. But by all means, let the government run your lives.

 

[space]

it really only protects big manufacturers, as... people like me, who produce one item at a time, by hand... can't afford to test every single item i produce. even if i could, i couldn't deviate that cost into my product unless i make at least 1000 of each style, exactly.

so, for a company like hasbro [who supports this law] it's not a major deal. they test one set out of the thousands, and the price goes up [hello... $6.99 a pony, now]... they've been testing for awhile. and we're paying for it.


while i don't not support the intent of the law, which is to keep toxic materials out of toys... it's punishing handmade goods. who, from all the reading i've done, i found TWO recalls of items actually manufactured in the usa, in the last 5 years. one of them was due to choking hazards, when the blinged out pacifiers were recalled.

out of all the recalls in the last 2 years, 1 was made here... and that's out of thousands of recalls in the last two years. mostly from china, and a few from india.


why are we being punished for the crimes of big business?

of course mattel and hasbro support this, they can afford to have government approved toys, and if it puts 46,000 home based, american companies out of business, guess who reaps the rewards...


there's a reason the ALA, NAM and other top business alliances are teamed up to reform this law... it's unfair.


and we need as many voices as we can get to stand up to congress and demand that they reform it.

 

[Pikabubba]

it's important to distinguish the difference, and FOCUS... people. don't bicker and get this thread closed... it's important. and it WILL effect you next february if nothing is done to make it fair and sensible.

You're right. I'm sorry SS and others who are trying to keep this on topic

but you have to have a resellers license, and if you don't... you're not a thrift/resale shop, and you are not exempted from testing next year.

So if you sell anywhere online...new/used goods..you'd have to get this license?
Our best resale shop nearby closed down already. They only opened 6 months ago. Two sisters ran the shop and live on it. I feel so bad for them

 

[TwilightStarshine]

This whole safety kick we're on is getting totally out of hand. It's getting to the point if we don't keep our kids in a germless, chemical free bubble we'll be charged w/ child abuse or neglect. God forbid they should get a bruise or a scrape, or a cold, or have a one in 100,000 chance of a birth defect. I mean they took away metal toys cuz they were sharp, now plastic toys are poisonous? sometimes you have to take a little risk. dang.

This.

I would like to clarify something. I know it's normal for small children to suck on toys, but I see toddlers that suck on toys for hours and hours on end. I know my mom never allowed it, I know my friend didn't allowed it when her daughter was small. There are other ways to keep small children busy and My Little Ponies, for instance, weren't meant to be teething toys in the first place. I don't think my opinion was uncalled for. I am talking about people who refuse to take responsibility and don't teach their kids not to suck on toys 24/7 after they passed the age 2 or even 3.

Let's not forget the causes of this political train wreck. If the act itself were the train wreck, lazy parents, big companies avoiding infinite suedom AND cheapo China toy manufacturers were the boulders blocking the track earlier.

 

[Bella Luna]

Thomas chews on his hot wheels. I'm not going to force him to stop when his teeth are coming in and he doesn't want to chew on his teething ring.

But the whole thing is stupid, since they can't sell 80s toys are they going to have this mass crew of people who scope out the pony sites, ebay, and ioffer, and other sites that sell these things?

 

[space]

So if you sell anywhere online...new/used goods..you'd have to get this license?
Our best resale shop nearby closed down already. They only opened 6 months ago. Two sisters ran the shop and live on it. I feel so bad for them

if you are selling more than once or twice a year, you should have a resale license and possibly a business license, depending on where you live, each state is different.

you're only allowed two garage sales a year.

so, yes, technically... those of you selling ponies round the clock, should have licenses.

Thomas chews on his hot wheels. I'm not going to force him to stop when his teeth are coming in and he doesn't want to chew on his teething ring.

But the whole thing is stupid, since they can't sell 80s toys are they going to have this mass crew of people who scope out the pony sites, ebay, and ioffer, and other sites that sell these things?

from what we're being told, yes... and on top of that, there's watchdog groups from the consumer groups that are eager to start to rat people out. they were rearing to go the 10th, but we got the stay and the testing postponement... so, they are still out there, but they are focused on the non exempted items and recalls.

i don't want to freak people out, because i think it's obvious that we are a collectible community, and i'm hoping that these communities can also pull together to campaign to actually write the collectible clause into the law. right now it's just basically a procedural statement made by the CPSC. and it's pretty vague.

 

[Ianthe99]

if you are selling more than once or twice a year, you should have a resale license and possibly a business license, depending on where you live, each state is different.

you're only allowed two garage sales a year.

so, yes, technically... those of you selling ponies round the clock, should have licenses.





from what we're being told, yes... and on top of that, there's watchdog groups from the consumer groups that are eager to start to rat people out. they were rearing to go the 10th, but we got the stay and the testing postponement... so, they are still out there, but they are focused on the non exempted items and recalls.

i don't want to freak people out, because i think it's obvious that we are a collectible community, and i'm hoping that these communities can also pull together to campaign to actually write the collectible clause into the law. right now it's just basically a procedural statement made by the CPSC. and it's pretty vague.

According to something MustbeJewel quoted on the first page of this discussion.. since we are selling ponies as collectibles, we're fine. Unfortunately, the only places we're going to be able to find them are from people selling them as collectibles, thus making the hobby more expensive. No more finding them real cheap off someone at a garage sale that just thinks of them as old toys.

 

[Bella Luna]

I really hope they don't stop us collecting, because they can just say (for an example don't get huffy or anything) "well what about these so called collectors that have daughters? And who knows for sure if they let their daughters play with these collectibles?" that would pee me off if they did that. Who would believe us over these groups? But yes i agree we should pull together as a community try to get this nipped.

 

[fantasticfirefly]

it really only protects big manufacturers, as... people like me, who produce one item at a time, by hand... can't afford to test every single item i produce. even if i could, i couldn't deviate that cost into my product unless i make at least 1000 of each style, exactly.

so, for a company like hasbro [who supports this law] it's not a major deal. they test one set out of the thousands, and the price goes up [hello... $6.99 a pony, now]... they've been testing for awhile. and we're paying for it.

Ahh, you're saying this in response to my comment. Yes, that is what I had meant. But should have specified big busness. Obviously small business cannot afford to compete here. And the only winners are Hasbro's, Mattel's and other rich children wares manufacters. This law has all their interests at heart to pass this. 1- they would sell more because the used market is gone. 2. they'd sell more because small new manufacters are gone.

"well what about these so called collectors that have daughters? And who knows for sure if they let their daughters play with these collectibles?" that would pee me off if they did that. Who would believe us over these groups? But yes i agree we should pull together as a community try to get this nipped.

I'm wondering about this too. It would be illigal to sell ponies to someone from the USA I know has small girl's at home?
And folks on ebay. they'd need to say "adult collectible only" but if the high bidder bought it for a child, and told the seller upfront. they'd(the seller) have to cancel the transaction or risk being charged, no?

It's not making much sense to me. There are so many flaws with this law.
The only explaination that is making sense, is this is an offering from the Gov to big business to get them more $$.

 

[space]

According to something MustbeJewel quoted on the first page of this discussion.. since we are selling ponies as collectibles, we're fine. Unfortunately, the only places we're going to be able to find them are from people selling them as collectibles, thus making the hobby more expensive. No more finding them real cheap off someone at a garage sale that just thinks of them as old toys.

this is only a statement from the CPSC, and it varies from state to state. some SAGs are more lenient than others. it's not an "official" technical amendment, but because it was stated, we're using it. BUT, you may come into issues where newer toys are concerned. the case for G1 and G2 is pretty strong.

but, again, i have to stress that it's not an official amendment, and the only way to get it written into the law, is to support action law reform.

here's a link to the proposed amendments.



gosh, i hate to say this... because personally, i'm not really doing it... i think it's insane, the whole thing... BUT, if you are really scared and worried, and you are selling on ebay... before you ship your items, email the buyer and get them to confrim that the item is for collectible purposes, only. has not been tested, and should not be given to a child.

right now, i really don't think that we're totally at a state of panic, now... but, if the law is not reformed by next year, this will all be mandatory activities.

some of you that are regular pony dealers, may want to just start to make the switch into a new proceedure.

i personally am just selling off my extras, trying to thin my heard. so, it's not my "business" so-to-speak. but, i have a sellers permit and a business license... because of my regular business. it emcompasses that and reselling... when i got it, i was selling collectibles on ebay. and kinda morphed into manufacturing.


anyhow... the whole thing gets me so tight and talking in circles, so, i apologize... if anyone is confused. i'm happy to elaborate.

 

[Pikabubba]

from what we're being told, yes... and on top of that, there's watchdog groups from the consumer groups that are eager to start to rat people out. they were rearing to go the 10th, but we got the stay and the testing postponement... so, they are still out there, but they are focused on the non exempted items and recalls.

I tell you what...I wouldn't want to be one of the first that gets prosecuted and gets "made an example" out of

 

[space]

overlawyeredhas been covering this whole crisis, fantastically

i suggest that everyone read this most recent article and then go back and read the older ones.


and if you'd like to support businesses affected by this, take a look at the member list of the handmade toy alliance.

 

[Pasque]

That is some BS! Its not like the ponies are going to take a bath in the punch, or we're going to eat them. >_<