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CPSIA: The effect on retail stores
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Kathleen F.
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PostPosted: Fri Jan 02, 2009 8:31 am    Post subject: Re: Retailing and Manufacturing Reply with quote

abigkahuna wrote:
I make tye dye and sell at county and state fairs... I have read the FAQ's and the law and am unclear about something like a tye dye shirt or onesie for someone 12 or under. Is there any clarification here? Anyway, any guidance on tye dye?


From [url=//fashion-incubator.com/archive/cpsia-denial-and-retailers-liability/]this entry[/url]:
Quote:
There is no central list of items affected by the legislation so you won’t find one no matter how long you look.

If you make products used for or by children aged 12 and younger, you are subject to the law.
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Erin Blanton
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PostPosted: Fri Jan 02, 2009 9:21 am    Post subject: Reply with quote

Jennifer -- thanks for your post. That's pretty much where I landed: It's not illegal for me to sell items manufactured before 2/10/09 (for lead content) or 11/12/08 (for lead paint) simply because they don't have GCCs. However, it is illegal for me to sell them if they don't pass the lead limits. And since the best way to know whether they pass the lead limits is via a GCC, then getting GCCs from my vendors is the best practical solution.
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Kathleen F.
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PostPosted: Fri Jan 02, 2009 12:16 pm    Post subject: Reply with quote

In reference to [url=//fashion-incubator.com/archive/cpsia-and-small-manufacturers/]what I wrote earlier[/url] (How the law disproportionately affects large firms) and why retailers have more clout to impose standards on vendors than the CPSC, I was told this morning, that Burlington Coat Factory, has sent a letter to all of their vendors saying that anything they've shipped as of January 1, 2006 -two years ago!- must be compliant or they will be returning it. Two years ago!

Wal-Mart hasn't been quite as regressive as BCF but they've put their vendors on notice to supply LAB RESULTS -not GCCs- for any goods shipped over the past three seasons (which could span a time period of a year depending on a company's seasonal calender) and if they can't, to include an address where the goods can be returned.

JC Penney's is auditing their entire inventory; anything not meeting the August guidelines will be "marked down to zero". Bone chilling words as they typically charge back those discounts to vendors.

Lastly, some retailers are abdicating altogether. QVC will not sell any children's toys anymore, period.
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Jennifer, The Smart Mama
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PostPosted: Fri Jan 02, 2009 12:24 pm    Post subject: Best way to comply Reply with quote

Erin - If you didn't know, I do offer XRF testing. So if there are some items that you can't get info from suppliers I can scan for you - or, better yet, tell your suppliers to hire me. It is $5 per test or $100 per hour and I do by mail.

Jennifer
www.thesmartmama.com
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Esther
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PostPosted: Fri Jan 02, 2009 12:54 pm    Post subject: Reply with quote

Quote:
Wal-Mart hasn't been quite as regressive as BCF but they've put their vendors on notice to supply LAB RESULTS


Not surprising as this is required for private label too. Also illustrates how worthless GCC's are.

Once had Sears return items from 2 years previous that never sold. Definitely not fair but they got away with it.
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Miracle
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PostPosted: Fri Jan 02, 2009 2:18 pm    Post subject: Reply with quote

Quote:
JC Penney's is auditing their entire inventory; anything not meeting the August guidelines will be "marked down to zero". Bone chilling words as they typically charge back those discounts to vendors.


Manufacturers should send all their returned inventory to the idiots who put this law into action. Seriously, if it were me, I'd be giving them the addresses of the proponents of this legislation. Send it there. Then let the environmentalists get on these dolts for the impact of all that waste.
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J C Sprowls



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PostPosted: Fri Jan 02, 2009 2:57 pm    Post subject: Reply with quote

@Miracle. Cheers!
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Beth C
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PostPosted: Sat Jan 03, 2009 5:49 am    Post subject: Reply with quote

miracle wrote:
Quote:
JC Penney's is auditing their entire inventory; anything not meeting the August guidelines will be "marked down to zero". Bone chilling words as they typically charge back those discounts to vendors.


Manufacturers should send all their returned inventory to the idiots who put this law into action. Seriously, if it were me, I'd be giving them the addresses of the proponents of this legislation. Send it there. Then let the environmentalists get on these dolts for the impact of all that waste.


Lol! Can you just IMAGINE, if the retail industry really did this? The mounds and mounds of clothes, toys, items, just piled up there for them to deal with?

Talk about making a statement without saying a word... I think 5 or 6 tons of articles should prove a point, don't you?
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out west
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PostPosted: Sun Jan 04, 2009 4:14 am    Post subject: Reply with quote

I agree completely. With the vast amount of merchandise that the CPSC has decided that this emcompasses, retailers and manufacturers could easily turn D.C. into a giant landfill (which would be very appropriate).

I sell native american crafted sterling silver baby jewelry (bracelets, etc), sterling silver baby spoons, sterling silver baby rattles, and other sterling silver jewelry (for both adults and kids of all ages). Under this law the majority of my inventory will be contraband, even though theyre lead-free. And there's no way native american silversmiths can afford to pay for these tests. Heck, some can barely afford to pay their utility bills.
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Kathleen F.
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PostPosted: Sun Jan 04, 2009 11:29 am    Post subject: Reply with quote

out west wrote:
I sell native american crafted sterling silver baby jewelry (bracelets, etc), sterling silver baby spoons, sterling silver baby rattles, and other sterling silver jewelry ... Under this law the majority of my inventory will be contraband, even though theyre lead-free.

The latest word is that you may get a get out of jail free card. The CPSC is voting tomorrow on natural materials exemptions.
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PostPosted: Mon Jan 05, 2009 1:05 pm    Post subject: Reply with quote

If this has been discussed I;m sorry. We own a second hand baby clothing store, can anyone tell me how this affect us?
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PostPosted: Mon Jan 05, 2009 1:09 pm    Post subject: Reply with quote

sorry just found it. Rolling Eyes
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annika
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PostPosted: Mon Jan 05, 2009 1:41 pm    Post subject: Reply with quote

[quote="Esther"]
Quote:


Once had Sears return items from 2 years previous that never sold. Definitely not fair but they got away with it.


On a similar note, a friend recently had Red Envelope write her a letter that said "due to lackluster holidays sales, we will be paying your invoice at 90%." They just gave themselves a 10% discount on a purchase order that was delivered within the specified terms. A purchase order is a legal contract.
So how is this kind of stuff even legal? What if you don't give them their money back (two years later? sheesh.)? Besides withholding current payment due from them to you, how would they collect? What if you just refuse to pay? Do they simply threaten you with legal action, founded or not, until it's cheaper for you to refund them?
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J C Sprowls



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PostPosted: Mon Jan 05, 2009 1:52 pm    Post subject: Reply with quote

Quote:
A purchase order is a legal contract. So how is this kind of stuff even legal?

It's not legal. But, who can afford to enforce it?

If your friend had a factor all she'd need to do is forward that letter to the factor's office and they'd call Red Envelope and inform them of their commitment.

A DE one of my contractors works for told me that Barneys tried to reduce their cutting ticket with her after her order was cut. She simply forwarded the letter on to her factor who promptly informed them that the PO was binding and they expected payment by the due date. Barney's backed down and agreed to the PO as it was submitted.
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annika
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PostPosted: Mon Jan 05, 2009 2:07 pm    Post subject: Reply with quote

So, I guess the lesson here, is that if someone with clout can stand up to them, they will back off, but if it's a small company then you can try, but they will likely just walk all over you.
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