Dead link.

Personally I've been unloading & not re-stocking on any newer pre-owned toys for now until we see how some of the gray areas in the law are truly interpreted. I would not want to be the owner of a consignment store targeted to the under 12 age group right about now, that's for sure. Nor would I want to be making my living selling hand made products targeted to young children. I feel especially sorry for those folks. I don't think many of them will be able to afford the testing costs & may sadly be put out of business. The problem for crafters is that often the raw materials the use are not strictly for under age 12, so the manufacturer does not do the testing. And that leaves the burden on the crafter.

One of the areas that really needs clarification and effects many eBay sellers is "vintage" toys. Ex: If a toy was originally made for an under 12 age child in 1950, but is now being sold strictly as an "adult collectible", will it still be legal to sell if you have a disclaimer "being sold as an adult collectible only"? I did email the CPSC with a few "what if" examples, but I have not received an answer to date.

Also, even if the CSPC does "allow" certain items, how will eBay interpret the new laws? Will they disallow all Fisher Price toys made before the new testing laws are in place, including a $100 40 year old FP toy obviously to sold to an adult collector? Or what about a 1981 Star War figure? Most likely is now also going to an over 12 collector, but originally was not.

Will definitely be "interesting" for awhile for anyone selling to an "under age 12" market. If I do actually get an answer from the CPSC, (my guess is that they are inundated by calls & emails right now)I will post it here.

Would also be nice if eBay would address the issue, but I can't remember when the last time I saw a "pink" pop in here on the toy board...

I totally agree with your State attorney general as I think that was the true intent of the new laws. But if you read through everything, it looks like yet another case of poorly written legislation that leaves some areas open to interpretation.

...In a letter written Monday, the commission's general counsel says the law lacks a "clear statement of unambiguous intent." Gee, ya think?

Due to the "Retroactive Application of the CPSIA" all items that have not been previously tested and determinded to meet new lead standards will be subject to ban and considered hazardous substances. Please read this letter written to and responded by Cheryl Falvey, general counil for CPSC, taken dierctly off of their website.She makes it clear that after Feb.10th items sold, not just manufactured, are subject to this ban..

Link

You can find look this up on their website here:

Link

This is taken from the Q&A section on the CPSC site:
Q:If you have a “children’s product” with possible lead content, do you have to have a certificate on November 12, 2008, even though the lead rule is not effective?

A:No. The lead content limits for children’s products do not go into effect until February 10, 2009. As stated above, children’s products manufactured after February 10, 2009 (600 ppm), will need a general conformity certification based on a test of the product or a reasonable testing program for products and children’s products manufactured after August 14, 2009 (300 ppm), will have to be certified based on third-party testing of the product by accredited third party laboratories

The following section talks about stocking up on new toys made before Feb 10th:
Section 213. Prohibition on Stockpiling Under Other Commission-Enforced Statutes
Basic Summary:
Section 213 extends the Consumer Product Safety Act provisions relating to a manufacturer of a consumer product stockpiling any product to which a consumer product safety rule applies to all of the statutes the Commission enforces. This prohibits manufacturing or importing a consumer product in advance of the effective date of a new product safety rule at a rate greater than the rate at which that product was produced or imported prior to the promulgation of that rule. Previously, stockpiling was prohibited by rule under only the CPSA.
Effective Date: This provision became effective upon enactment, August 14, 2008

Show me where these laws are retroactive.

The sky is not falling...

Is anyone aware of a list that shows what toys this affects or is it across the board.

Again...

Link

When do the lead content limits go into effect for children’s products?
The lead content limits for all children’s products go into effect February 10, 2009 (600 ppm) and will be lowered again on August 14, 2009 (300 ppm).

What certifications are required for children’s products that are tested for lead content?
Children’s products manufactured after February 10, 2009, when the lead limit may not exceed 600 ppm, will need a general conformity certification based on a test of the product or a reasonable testing program for products after that date. Children’s products manufactured after August 14, 2009, when the lead limit may not exceed 300 ppm, will have to be certified based on third-party testing of the product by accredited third party laboratories after that date.

If you have a "children’s product" with possible lead content, do you have to have a certificate on November 12, 2008, even though the lead rule is not effective?
No. The lead content limits for children’s products do not go into effect until February 10, 2009. As stated above, children’s products manufactured after February 10, 2009 (600 ppm), will need a general conformity certification based on a test of the product or a reasonable testing program for products and children’s products manufactured after August 14, 2009 (300 ppm), will have to be certified based on third-party testing of the product by accredited third party laboratories.

The retroactive info you posted is talking about new toys in the distribution system, like in warehouses, back rooms, store shelfs & so on...