Jarts

[debodun]

What is the name of your state? New York

I found a game of lawn darts (Jarts) in the garage. I heard that it was illegal to sell them as they proved to be a physically dangerous game. Does this mean it's illegal for ANYONE to sell it, or just retail stores? I've seen them for sale on the Internet from anywhere from $35 to $165. What would be the best way to liquidate them other than throwing them out. They seem to be a valuable commodity.

 

[moburkes]

What is the link to the statute?

 

[debodun]

Here's more info:
http://www.cpsc.gov/cpscpub/pubs/5053.html

Wikipedia mentions it:
http://en.wikipedia.org/wiki/Lawn_darts.

I know eBay won't allow anyone to post or sell them there.

 

[You Are Guilty]

What is the link to the statute?

Federal law, not NY - 16 CFR 1306.1 et seq.
http://www.access.gpo.gov/nara/cfr/waisidx_04/16cfr1306_04.html

 

[moburkes]

Thanks.

So it sounds like, OP, that you should give them away, or throw them away****************************

 

[You Are Guilty]

Thanks.

So it sounds like, OP, that you should give them away, or throw them away****************************

Well, like I always say, it's better to have jarts than sharts

 

[moburkes]

Well, like I always say, it's better to have jarts than sharts

That's what I hear. That's what I hear!

 

[FlyingRon]

The CPSC went as far as having these declared a hazardous material. You can't sell them in the US in any shape of form. The blackmarket for these exists primarily because of this restriction. You will find that this is one of the few things ebay is pretty protractive on in stomping on when listed there.

There is a guy selling "Jarts" shirts that bear the warning "May cause injury or death."

 

[justalayman]

Thanks.

So it sounds like, OP, that you should give them away, or throw them away****************************

Umm, I think that is where the hazard comes

 

[xylene]

Jarts are so very much fun. We had several sets, and would play them until the flights got brittle and broke.

Can't buy them anymore.

I'll just have to stick with third floor bocce.

 

[BoredAtty]

I've never researched this area of law before, but found the question in this thread interesting. I looked into it a bit and found this:

The Consumer Product Safety Commission enacted the regulation in question in 1988. The Commission gets it's authority to ban hazardous products from 15 U.S.C. 2057 and 2058. Section 2058(g) states in part:

"A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date."

The implication, then, is that the ban does not affect products manufactured before the ban.

Additionally, since the Commission does not have authority over intrastate commerce, I doubt it would have authority over the sale of a banned product to a neighbor, for example.

I'm interested if anybody has contrary information to share.

 

[You Are Guilty]

Not an area I'm familiar with myself, so my guess is that the answer lay here:
http://www.cpsc.gov/businfo/fhsatext.html

 

[BoredAtty]

Not an area I'm familiar with myself, so my guess is that the answer lay here:
http://www.cpsc.gov/businfo/fhsatext.html

I haven't had the time to scope out that law, but I suspect that it doesn't apply in cases not affecting interstate commerce. Or did Congress derive its power to enact that law using something other than the Commerce Clause?