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It’s illegal to resell items recalled by manufacturer

Fri., Aug. 21, 2009, midnight

WASHINGTON – If you’re planning a garage sale or organizing a church bazaar, beware: You could be breaking a new federal law. As part of a campaign called Resale Roundup, the federal government is cracking down on the secondhand sales of dangerous and defective products.

The initiative, which targets toys and other products for children, enforces a new provision that makes it a crime to resell anything that’s been recalled by its manufacturer.

“Those who resell recalled children’s products are not only breaking the law, they are putting children’s lives at risk,” said Inez Tenenbaum, the recently confirmed chairwoman of the Consumer Product Safety Commission.

The crackdown affects sellers ranging from major thrift-store operators such as Goodwill and the Salvation Army to everyday Americans cleaning out their attics for yard sales, church bazaars or – increasingly – digital hawking on eBay, Craigslist and other Web sites.

Secondhand sellers now must keep abreast of recalls for thousands of products, some of them stretching back more than a decade, to stay within the bounds of the law.

Staffers for the federal agency are fanning out across the country to conduct training seminars on the regulations at dozens of thrift shops.

“Even before this law, we had good mechanisms in place for pulling recalled products,” said Jim Gibbons, the chief executive of Goodwill. “The law just kicks it up a notch, so Goodwills around the country will continue to improve our process.”

Goodwill uses $2 billion in annual sales at its 2,300 thrift shops nationwide to pay for its job-training and employment-placement programs.

Scott Wolfson, a spokesman for the agency, said it wouldn’t be dispatching bureaucratic storm troopers into private homes to see whether people were selling recalled products from their garages, yards or churches.

“We’re not looking to come across as being heavy-handed,” he said. “We want to make sure that everybody knows what the rules of engagement are to help spur greater compliance, so that enforcement becomes less of an issue. But we’re still going to enforce.”

The agency is working with eBay, Wolfson said, to help the online sales giant install software filters that will flag auction items subject to manufacturers’ recalls.

The commission’s Internet surveillance unit is monitoring Craigslist and other “top auction and reselling sites” for recalled goods. If the agency discovers that a recalled product has been sold online, it will try to inform the buyer, Wolfson said.

The Resale Roundup is being enforced under the Consumer Product Safety Improvement Act, which Congress passed and President George W. Bush signed into law last year.

The law has a number of other beefed-up consumer protections, including much tougher standards for selling products that contain lead or lead-based paint.



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