Under the guise of consumer protection, the government is now dictating what people can and cannot sell at a yard or garage sale, making them liable for dangerous goods
"I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachment by those in power than by violent and sudden usurpation." - James Madison
Federal Government Restricts Yard Sales
New Rules Make Reseller Liable for Items Sold Privately
In August of 2008, a law called the Consumer Product Safety Improvement Act (CPSIA) was signed by President Bush. The law bans the selling of recalled products in all instances.
The law applies to anyone reselling items at yard sales, garage sales, flea markets, eBay type auctions and even second hand stores. The onus is placed on the seller to know what products are banned by the Consumer Product Safety Commission with stiff penalties imposed for violations.
Lead Paint Targeted
The biggest focus of the law appears to pertain to lead levels in the paint applied to toys, cribs and other products intended for children under 12 years old. The act also lowers the acceptable levels of lead allowed from previous levels.
Resellers first have to determine if the product is intended for a child under 12, then either test the product for lead content, or simply give up and throw the item away. Of course, if the latter course is adopted, the seller may be in danger of violating some law about improper disposal of hazardous waste material.
Testing Products is Prohibitive
In the 24 page guide, the CSPC indicates that testing should be performed by a trained professional and that off the shelf lead testing products are unreliable. The cost of testing a $1 toy to be sold at a yard sale would obviously be prohibitive. Testing is not required, but if something is sold with lead levels above the limits, the seller may be prosecuted.
The manual suggests that maybe it would be better not to know the levels in order to claim ignorance should the product later be found to exceed the limits. "Sellers will not be immune from prosecution if CPSC’s Office of Compliance finds that someone had actual knowledge that one of these children’s products contained lead."
Some of the other products covered by the act include:
- Phthalates (some sort of plastic coating) in Toys and Child Care Articles. Three phthalates, DEHP, DBP, and BBP, have been permanently banned in concentrations of more than 0.1% in 'children’s toys' or 'child care articles.'"
- Magnetic toys
- Car seats
- Bunk beds
- Toy chests
- Clothing
- Bean bag chairs
- Lamps
- Numerous other "dangerous" products
You May Be Liable for Damages
Violators of the law may be fined up to $100,000 per infraction. Reassuringly, the CPSC states that their goal is not to put anybody out of business, but simply to ensure the protection of consumers. Although the CPSC does not intend to actively monitor every garage sale, flea market, or eBay action, the trial lawyers are ready to use the law to their advantage in a product liability lawsuit should an incident with a resold item occur.
Before planning a garage sale, read the guide and make sure to double-check the CPSC website for the latest product recalls to ensure compliance. Or, simply load up the dumpster and cut your losses.
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