Christy at Our Simple Lives, just alerted us to an update issued by the CPSC, clarifying their position on the reselling of USED items.
Basically, they say that resellers of USED items will not be held to testing standards and that the standards only apply to items manufactured after February 10, 2009. However, they do specify that resellers are responsible for not selling items that might have lead or phthalates. Items like "children's jewlery and painted wooden or metal toys; flimsily made toys that are easily breakable into small parts; toys that lack the required age warnings; and dolls and stuffed toys that have buttons, eyes, noses, or other small parts that are not securely fastened and could present a choking hazard for young children."
You can read the update here: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html