Do you anticipate that your next garage sale will bring in at least US$100,000? If you don't think your children's old toys and collection of obsolete electronics is worth at least that amount, you might want to take these items to a toxic waste dump instead of selling them.
Our friends at the Consumer Product Safety Commission (CFTC) recently informed thrift stores that it's now illegal to sell used products that have been recalled or don't otherwise comply with government safety standards. The penalty is up to US$100,000 per violation and up to $15 million for a related series of infractions. But the CFTC regulations don't just apply to retail stores. They also apply to anyone selling used goods—flea markets, charities, even garage sales.
To find out if your next garage sale might result in a US$100,000 fine, the CFTC has helpfully published a "Handbook for Resale Stores and Product Resellers." After reading the long list of banned products, you might want to reconsider that garage sale. But, if you're still determined to have it, you'll want to begin by disassembling every item you want to sell and testing each part for the various hazardous chemicals that the CFTC rules ban in resold goods.
For instance, here's what the CFTC says you'll need to test for "phthalates," a class of now-prohibited chemicals. Many types of plastic toys contain phthalates.
1. Tetrahydrofuran (C4H8O, THF), GC grade or higher
2. Hexane (C6H12), GC grade or higher
3. Cyclohexane (C6H12), GC grade or higher
4. Sealable glass vials with PTFE or silicone liner. Size 20 ml or larger
5. Cryogenic-mill (or suitable alternative to grind samples to powder)
6. 0.45 μm PTFE filters
7. Gas Chromatograph-Mass Spectrometer (GC-MS) with an auto-sampler, split/splitless inlet, programmable GC oven, and capable of selective ion monitoring
8. CRMs containing phthalates (such as NIST SRM 3074)
9. Benzyl Benzoate (C14H12O2, BB), Analytical grade
10. Dibutyl Phthalate (C16H22O4, DBP), CAS No. 84-74-2. Analytical grade
11. Di-(2-ethylhexyl) phthalate (C24H38O4 , DEHP), CAS No. 117-81-7. Analytical grade or higher
Got that? I don't know about you, but I've got several Gas Chromatograph-Mass Spectrometers (GC-MSs) lying around the house. Not to mention a cryogenic mill or two. Guess I just have to fire them up next time I want to have a garage sale.
You might be wondering how these regulations came into being. As usual, you can blame Congress. In 2008, Congress enacted the Consumer Product Safety Improvement Act of 2008 (CPSIA). You may remember the brouhaha that erupted in 2007 over imported toys—primarily from China—that contained lead and other toxic substances. The CPSIA was the congressional reaction. Thanks, guys! Nothing like overkill.
The CFTC, in a rare display of candor, states in its "Handbook" that. "The implementation of the CPSIA will have dramatic changes for the marketplace." You can say that again!
To enforce the law, I suggest that the next Wall Street bailout package Congress enacts include a provision to send every family in the United States a GC-MS, just in case they don't have one sitting on the dining room table. Of course, since you need to be conversant in chemistry to use one, the bailout should include a voucher for a chemistry class at a local community college.
A cheap GC-MS costs about US$50,000, but since the government will be making a bulk purchase, it should be possible to get the costs down to, say, US$30,000 each, including the cost of a chemistry class. Total cost for 100 million households? About US$3 trillion.
Now, before you criticize the cost, consider that if this initiative saves just one child's life, it will be worth every penny. Plus, it will stimulate the economy, not to mention keeping garage sales CFTC compliant. And, the money won't be going to fat-cat executives on Wall Street. Sure, there might be small safety problems--Tetrahydrofuran tends to explode, for instance--but hey, the CFTC can just issue some more rules, right?
That's a win-win situation all around. Congress, are you listening?
Copyright © 2009 by Mark Nestmann



