CPSIA and Heroscape impact

[aquaone]

The CPSIA (Consumer Product Safety Improvement Act) will take effect February 10, 2009. It makes it illegal to buy or sell any used product (toys, games, clothing, bedding, furniture, etc) that was designed for use by children ages 12 and below unless they are accompanied by a certificate with lead testing results.

Since my understanding is Heroscape is made for ages 8+ (even though most people I know who play are 25-35), it would be illegal to buy or sell used Heroscape product.

Has anyone looked into this? Does anyone know if it's sufficient for Hasbro to issue certificates about lead content in each individual product or do we need our individual figures tested? (I wouldn't think so and god I hope not)

If anyone on here has more time to investigate this, it'd be appreciated. Please don't react to my post in and of itself. I'm not trying to fearmonger or incite. I just need to know if we're OK or not.

[Aldin]

Originally Posted by CPSIA FAQ

Under the CPSIA, the term “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger

I think it would be easy to argue HS is not primarily intended for the under 13 crowd.

~Aldin, old man

[Superm9]

I truely hope you're right, Aldin!

[Aldin]

Originally Posted by Superm9

I truely hope you're right, Aldin!

Really, go read the CPSIA info on their site - it looks very clear that HS is NOT the target here.

~Aldin, unleadedly

[Nukatha]

As I've said before, even if 'Scape has lead paint, the kid that tries to lick or eat my terrain and figures isn't going to die due to lead poisoning...

[SuperflyTNT]

Originally Posted by aquaone

The CPSIA (Consumer Product Safety Improvement Act) will take effect February 10, 2009. It makes it illegal to buy or sell any used product (toys, games, clothing, bedding, furniture, etc) that was designed for use by children ages 12 and below unless they are accompanied by a certificate with lead testing results.

Since my understanding is Heroscape is made for ages 8+ (even though most people I know who play are 25-35), it would be illegal to buy or sell used Heroscape product.

Has anyone looked into this? Does anyone know if it's sufficient for Hasbro to issue certificates about lead content in each individual product or do we need our individual figures tested? (I wouldn't think so and god I hope not)

If anyone on here has more time to investigate this, it'd be appreciated. Please don't react to my post in and of itself. I'm not trying to fearmonger or incite. I just need to know if we're OK or not.

There is a product called Lead-Chek out there (I used to sell it) http://www.leadcheck.com/CircuitBoard.shtml and you can get it, use it (it is REALLY simple) and then Ebay your stuff with a certificate that you tested it.

As for WotC, they will have to do it, it's no big deal. The law says you must perform your DUE DILLIGENCE, so you simply test one out of each thousand with an XRF gun (X-ray Fluorescence) to determine the makeup of whatever you're testing. I used to do this myself as I used to represent an XRF manufacturer some time ago. You can then certify that no lead is used in your process, and that your product meets or exceeds the safety level of lead in toys. This is a non-issue, folks - all this does is give consumers a modicum of confidence that somewhere along the line SOMEONE may have tested your kids' products for lead. Now melamine...that's a different story...

Carry on!

[scottishlad5]

Well thats good thats its not going to effect heroscape hopefully, or else the hs trade an good trades thread would go down, and thats why some people go here.
This reminds me of a Tonight show skit, called "in the year 2000" where they said that in 2000 the Chinese are going to have two different types of toys leaded and unleaded,

[thezandcshow]

Well we should all know better than to eat away at our precious game parts. I don't think it's that big of a problem. Isn't the lead in just a small proportion? And besides, I usually see Heroscape sold on eBay in its packaging. What does it mean? Basically, it means that the eBay Heroscape business still works, and the only ones who would really be in danger are (hopefully) babies and our pets.

-Says thezandcshow, reminding his cat not to eat his Scapes

[Jexik]

People are too worried about crap like this.

On second thought, whatever happened to Nene? Did the plastic (lead) trees get to him?

[Phaethon]

Here's a link to the CPSC page and their current interpretation:

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html

Of note is the 3rd & 4th paragraph. To me, the two are contradictory. The 3rd paragraph states that you don't have to apply new standards to old toys, but the 4th says that if you do happen to sell items that contain a certain amount of lead, then you can still face penalties. So how do you not face penalties? Test everything. Also, look at paragraph 6. That's a long list of things that resellers should pay special attention to and HS could easily fit into that category if an investigator decided to do so.

As for HS not being a kids toy, good luck with that argument. Doesn't the box state ages 8 and up? Who cares who plays with it, that Hasbro says that it's for kids as young as 8 means it has to comply.

Note that this is a new interpretation that came down just this week. Previously, everything had to be tested and resellers out there were about to be put out of business. This interpretation is significantly less stringent that the wording in the bill, so there's always a chance that the interpretation will change.

Also of interest, within 180 days, the CPSC has to report on how it plans on educating the informal reseller (eg, yard sales) on the illegality of reselling items that have been recalled. Since they feel the need to educate, I would assume that there's some sort of penalty for reselling something that you know has a banned substance in it. The fear of such a penalty is what the resellers have been so upset about lately.

see Sec 201, para 4 of the CPSIA for this requirement.
http://www.cpsc.gov/cpsia.pdf

[timboy_1999]

Originally Posted by SuperflyTNT

There is a product called Lead-Chek out there (I used to sell it) http://www.leadcheck.com/CircuitBoard.shtml and you can get it, use it (it is REALLY simple) and then Ebay your stuff with a certificate that you tested it.

As for WotC, they will have to do it, it's no big deal. The law says you must perform your DUE DILLIGENCE, so you simply test one out of each thousand with an XRF gun (X-ray Fluorescence) to determine the makeup of whatever you're testing. I used to do this myself as I used to represent an XRF manufacturer some time ago. You can then certify that no lead is used in your process, and that your product meets or exceeds the safety level of lead in toys. This is a non-issue, folks - all this does is give consumers a modicum of confidence that somewhere along the line SOMEONE may have tested your kids' products for lead. Now melamine...that's a different story...

Carry on!

I actually have access to an XRF gun at my work. It won't do anything for clearing up whether it can be sold or not, but I can bring in some of my collection tomorrow and test a few pieces if you guys are interested in knowing whether HS pieces contain lead or not.

[Sphere]

Originally Posted by timboy_1999

I actually have access to an XRF gun at my work. It won't do anything for clearing up whether it can be sold or not, but I can bring in some of my collection tomorrow and test a few pieces if you guys are interested in knowing whether HS pieces contain lead or not.

I'd certainly be interested.