WoooHooooo!!!!

An answer to (eBay) prayers!!!! Read HERE

My eBay Listings!

This is what I have been working on all weekend. If you see something you like, please bid! I NEED to get rid of my inventory before the ridiculously STUPID short-sighted CPSIA goes into effect.
Therefore, I will be listing like a mad woman for the next couple of days. I need ALL of my auctions to be complete by Monday, February 9th as the new law goes into effect on February 10th.

I have WAY too many items to list, so I am trying to list the very best stuff first. Check it out:

POPCORN*PRINCESS

Dear Senator/Representative...

Here is the letter that I just emailed to BOTH of my state Senators and to my Congressman:
(feel free to copy in whole or in part & mail to YOUR representatives!)

Dear _______________,

I felt that I should write to you concerning some legislation that you recently voted for, and how it is going to negatively affect me and dozens of my friends & family.
I'm speaking of H.R. 4040(CPSC Reform Act), which was passed on July 31, 2008. Please know that I am all for tougher standards to protect our children from dangerous chemicals and lead in their clothing, toys, etc. But I have several concerns about this act:

1) Rather than enforcing tighter restrictions on imported goods (as those from China -- the primary culprit), you are instead punishing the average American. Industry and home businesses have existed since the start of civilization. And now, this act proposes to revoke that privilege from many of us!

Here we are, in the middle of an economic crisis, and you are slamming the door of opportunity in the faces of those who are simply trying to stay afloat & make ends meet! Those of us who sell on eBay, or in consignment shops will be penalized. Those of us who create homemade goods such as quilts and baby blankets and custom clothing are being forced out of business -- in a time where there is little for us to turn to as another means of income! Did no one consider this? The average American cannot pay to have every item they make or sell on eBay tested and approved. If they could, they would not be running the home business to begin with!

2) Our landfills are already overflowing and the environment is a major concern for many of us. What is to happen to all the unused (and used) clothing, shoes, books, toys, and other items that can no longer be sold under this new legislation? They will end up in the ground! Our landfills cannot take this! Instead of encouraging clothing recycling (resell), you are actually encouraging people to throw away perfectly good clothing & other items simply because they cannot afford to have them tested! This is unconscionable.

3) What will happen to stores like GoodWill, Salvation Army, and America's Thrift where lower-income families shop in order to clothe their children? How will small, "Mom & Pop" stores fare in this new, hostile market? Sure, the big companies can afford the testing (WalMart, etc.), but most of these small American businesses cannot. Did that ever occur to you? And what about the whole idea of "Buy American"? How are we supposed to do that when you are stifling the creative productivity of the American people?

Yes, I have read the CPSIA very closely and I have noted the ambiguous terms and provisions. Supposedly, we who do resell (eBay, consignment, etc.) are not required to test. HOWEVER, we CAN be held liable if we inadvertently sell something that has been recalled or which has not been tested. Do you see how this could be a problem? I cannot afford to test every single item I sell, and even if I make a concentrated effort to monitor the RECALL lists, it is possible that something will slip my notice. I cannot afford the lawsuit nor the $100,000 fine that this legislation leaves me vulnerable to. Who could?

Finally, how do you propose that this legislation be enforced? By our already over-taxed police? Will they now be required to arrest that stay-at-home mom who sells her daughter's outgrown clothing to pay off her bills? Will they start ticketing every garage sale that includes items for children? Will grandma now be charged and fined for making little booties and blankets for the church bazaar?

Honestly, I am seriously questioning if anyone took the time to actually READ and CONSIDER the enormous implications of this legislation! I am all for making this world safer for our children, but if we end up causing these same children to live in a world where creativity and industry are frowned upon & stifled, are we really doing them any favor?

PLEASE work with us to repeal this legislation! It needs serious revision before it can go into effect!
Thank you so much for your time in reading this.
Sincerely,
Summer A. Kelly

If you want to write to YOUR Senator(s) and Congressman, but aren't sure who they are or how to reach them, you can go HERE and HERE to find out!
Please help join in this fight!
Thank you.

Alarmed Over Nothing?

Ok, so last night... the more I read, the more upset I became.

I had heard from a couple of people about the CPSIA affecting us who sell on eBay and all consignment shops and charitable organizations.
I was doubtful that it was as bad as they were making it out to be, but in my concern, I started researching it on the internet.

Now I am just confused.

The wording in this law is very ambiguous as to the exact responsibility of resellers, IMHO, but several people have sent me articles claiming that resellers and charitable organizations will be fully exempt.
But then I found this THREAD... And more importantly THIS.

It sounds like, to me, that they are leaving the door wide open for future decisions. While the government agency "says" they are not going after resellers, it is made pretty clear that resellers & charitable organizations will still be responsible for making sure NOTHING they sell has been recalled or contains lead or phthalates, or face serious and hefty fines.

Then I found THIS which seems to pardon all resellers from testing... as long as they sell no items that violate the ppm lead content.
Ah, but there's the rub!
HOW DO I KNOW IF EVERYTHING I SELL IS SAFE UNDER THESE NEW GUIDELINES?
To quote the CPSC, directly:

"The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC Web site (www.cpsc.gov) for information on recalled products before taking into inventory or selling a product. The selling of recalled products also could carry civil and/or criminal penalties."

Do you still think I am overreacting?

Most of my "eBay friends" are like me: We sell a variety of items:
*Clothing our children have outgrown
*shoes (also outgrown)
*toys
*books
*movies
*anything else we find lying around collecting dust that we think we might be able to sell...

Do you think I have the time or means to research EACH and EVERY product that I am reselling? Seriously?
Ok, so maybe I just won't sell items that could contain lead or phthalates.... That knocks out books, toys, shoes, but what about clothing?
You would think clothing would be exempt, but you'd be wrong... especially if the clothing was made in CHINA!

So, although "technically" resellers and eBay sellers are "exempt" from the testing requirements, are we really?
If anyone can sue me for something I sell or if I inadvertently sell something that has been recalled, I will be penalized & fined heavily.
Does that sound like exemption to you?

Read this explanation from the link I posted last night:

The law applies to all products, even used items. This means that unless the stores (including eBay sellers and private parties) do the testing themselves, on Feb. 11 all of those products are to be treated as hazardous waste and destroyed. In a vague memo issued this week by the CPSA “resellers” may be excluded from certification, but these proposals also say that businesses owners will still face the same penalties if an item they sold ends up containing lead. It not only omits a specific definition of what a “reseller” is, it also fails to explain whether it applies to their entire inventory or just used items. So it exposes the store owner to the risk of either being shut down because of an item that may or may not have actually been purchased from them, but also to the nuts that could sue them if they claimed they were injured by the product. (Ouch, McDonald’s… I spilled my coffee!) It also is a very effective tool for competitors to use against businesses who they know can’t comply, a practice that has already been used by some of the big guys.

Here is one more link where you can get more info and see how your senator voted.
The Latest

So, whether or not you think I am overreacting or blowing this out of proportion is irrelevant. This WILL affect me and many, many of my friends.
I believe it threatens to change the very fabric (no pun intended) of the American retail & resell industry.
Only time will tell.

If You Are Like Me...

Then you like to have a little extra spending money.

Or, you do things to help make ends meet from time to time...
Like sell on eBay. Or Etsy.

Maybe you sell your children's outgrown clothing through a consignment shop.
Or perhaps you make homemade items for children (baby blankets, bibs, toys, dresses...) and sell them online or locally.

If you are like me, you absolutely MUST read THIS.

The implications of CPSIA are enormous and far-reaching:

Whether you run a small, mom & pop retail store, a consignment shop, a children's toy shop or bookstore, or even if you just make cute, homemade items (like baby blankets, or dolls, or pacifiers!) to sell or give away, this affects you.

You can no longer make & sell or distribute ANY items for children (even items made before this legislation takes affect) without first testing EACH and EVERY batch for lead and phthalates!
If you own a bookstore or toy store, each and every batch of each item must be tested.

"According to the actual scope and wording of this bill (H.R.4040), as of Feb. 10, 2009, all products made and/or marketed to children under the age of 12 will have to comply with mandatory lead and phthalates testing for each component of each product they sell or face felony charges and hefty fines."

Look, I am wanting tougher laws and safety standards
to protect our children, too.
But let's face it, it's not the "mom & pop" stores
that are poisoning our children!
And it's not the corner children's bookshop or
that granny knitting blankets, either.
It's IMPORTED, CHEAP, Poorly-made goods from countries like
CHINA
that are causing the alarm and this subsequent (and extreme!) backlash.

Maybe you think I am just being a "Chicken Little," but if we do not stand up and fight this -- make our voices heard -- we stand to lose a lot. Many small businesses will disappear from the American landscape. What happened to freedom and independence??

Our country is already in an economic crisis and they want to further LIMIT the average American's ability to make money and pay bills? Does that make any sense to you?

Our landfills are already overflowing and have become a serious problem, and they want to DUMP all this perfectly good clothing and books and toys into the ground to rot? What a waste.

If even charitable organizations are held liable for the items they GIVE AWAY, will charity as we know it, cease to exist???

What will happen to stores like Salvation Army and Goodwill and America's Thrift -- where MOST of the clothing of lower income family children is purchased?

These are important questions & if you are like me, you want answers NOW.

Go HERE to read more.
And HERE.