Children's items move fast on the resale market. Parents outgrow them in months, and buyers look for good used gear. They are also the category where federal safety rules are strictest and where a mistake costs the most. This manual summarizes what the Consumer Product Safety Commission's Reseller's Guide says, so you can decide at the shelf whether an item belongs on your bench. It is not legal advice; read the guide itself for the full requirements.
What counts as a children's product
The Reseller's Guide defines a children's product as a consumer product designed or intended primarily for children 12 years of age or younger. It lists factors used to decide that, including the manufacturer's statement about intended use, labeling, packaging and advertising. Toys, clothing sized for children, children's jewelry and child care articles generally fall inside the definition. That matters because the requirements below attach to the definition, not to whether the item is new.
The rules the guide lists
According to the guide, children's products sold in the United States must comply with requirements including:
- Small parts ban. Products for children under 3 must meet small parts requirements.
- Small parts labeling. Products for children ages 3 to 6 that contain small parts need cautionary labeling.
- Lead content. No more than 100 ppm total lead in any accessible component part.
- Lead in paint or surface coatings. No more than 90 ppm.
- Phthalates. Children's toys and child care articles with plasticized parts must not contain more than 0.1 percent of specified phthalates. The guide defines a child care article as a product designed to help a child age 3 and younger with sleep, feeding, sucking or teething.
- Tracking labels. Children's products must carry certain tracking information. CPSC recommends that resellers not resell children's products without a tracking label permanently affixed.
The guide also says CPSC does not require resellers to test products, but resellers cannot sell products that do not meet the law. That gap is where judgment comes in: if you cannot reasonably establish compliance, the guide's advice is to pass.
Nursery products: the strictest shelf
The guide is especially firm about the nursery. Among its examples of what you cannot sell or offer for sale:
- Most cribs manufactured before June 2011.
- Durable infant or toddler products, such as play yards, infant walkers, bath seats and toddler bed rails, that are missing parts, wobbly or unstable, or contain known hazards described in the guide.
- Products recalled by CPSC unless repaired in accordance with the recall.
- Children's metal jewelry that exceeds the 100 ppm lead limit.
It adds that you should not try to repair broken nursery products with other screws or hardware. For a small reseller, the simplest policy is to skip full-size cribs, bassinets and other sleep products entirely unless you have the knowledge to verify dates and standards. Even then, the guide's phrase applies: "When in doubt, throw it out!"
Drawstrings in children's clothing
The guide explains that hood and neck drawstrings on children's upper outerwear present a strangulation risk that the Commission determined in 2011 to be a substantial product hazard. Its reseller checklist says:
- For hood and neck areas in sizes 2T to 12, completely remove drawstrings.
- For waist and bottom areas in sizes 2T to 16, modify or remove drawstrings so they meet the limits the guide describes, including no more than 3 inches outside the drawstring channel when the garment is expanded to its fullest width.
The guide says the restrictions do not cover underwear, inner layers, pants, shorts and skirts not intended for the upper body. Check the full section for the other conditions before you alter a garment.
A buy-or-pass routine at the shelf
- Is it for a child 12 or under? If yes, the children's rules apply.
- Is it a nursery or sleep product? If yes, find the manufacture date and model. If you cannot, pass.
- Is it broken, wobbly or missing parts? If yes, pass, recall or not.
- Is there a tracking label? If not, CPSC recommends not reselling it.
- Recall search. Look up the model on cpsc.gov/recalls. See recall checks.
- Small parts and age grading. Is it for under 3 with parts that can detach? Pass.
- Paint and metal. Old painted toys and children's metal jewelry carry lead concerns the guide describes. If you cannot verify, pass.
- Drawstrings. For outerwear, inspect hood, neck, waist and hem.
Listing honestly
When you list children's items, state the brand, model, size and manufacture date where available, and describe wear plainly. Photograph labels. Do not make safety claims you cannot support; "great condition" is a description, "safe" is a promise. The photos and listings and condition descriptions manuals cover wording.
What to do with items that fail
The guide says hazardous, non-compliant or recalled products should be destroyed rather than sold or given away. Record the item in your books as a loss, and take the lesson back to sourcing. Over time, a narrower children's category you understand well usually beats a wide one full of uncertain items.
Rules change and the guide is updated. Check the current version on cpsc.gov before relying on any requirement summarized here.
Can I sell a crib if it looks solid and has no recall?
Be very cautious. CPSC's Reseller's Guide lists most cribs manufactured before June 2011 among products you cannot sell, and it says not to sell nursery furniture that is broken, wobbly or missing parts even without a recall. If you cannot confirm the manufacture date and the current standard, pass.