Bargain Hunters: How will the CPSIA Law requiring lead testing for children’s products affect YOU beginning February 10, 2009?

There has been a lot of circulating information over the past few days about the Consumer Product Safety Improvement Act that will go into effect nationwide February 10, 2009. For those of you not familiar with the hype, let me help you get back up to speed. ALL items intended for children under 12 are to be tested for stricter levels of lead and other contaminates, even if the item is intended for adults but can be regarded as "kid's stuff" such as comics, games, stuffed toys, etc. This will certainly drive up the costs of children’s products across the board and many specialty businesses will go under due to the high cost of testing. Personally, I'm glad the government wants to make our children safer and healthier, but they took it a little too far when the Act never considered, included or excluded second hand resellers. Here are the regulations in a nutshell...

Manufacturers, importers and retailers are expected to comply with new Congressionally-mandated laws. Starting on February 10, 2009, children's products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain children's products manufactured on or after February 10, 2009 cannot be sold if they contain more that 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys. Under the new law, children's products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009. The new law requires that domestic manufacturers and importers certify that children's products made after February 10 meet all the new safety standards and the lead ban.

So what does this mean for Second hand re-sellers like church yard sales, individual yard sales, consignment shops, and seasonal consignment sales? Well for a couple of days we were all in a tizzy. Those of us that were even informed about the law knew that it COULD be interpreted INCORRECTLY and POTENTIALLY make our honest and economy friendly business an illegal one overnight? Second hand resellers certainly do not have the funds to test merchandise since testing can go well into the thousands of dollars per unit.

Luckily, the consignment community got involved and stood up for what was needed. ALOT of phone calls and emails were sent to the authors of the bill at Senator Pryor's office as well as contacting other House and Senate Representatives across the Nation. A big thanks to John Wasson of My Sale Manager, a nationwide seasonal consignment sale computer program company, who helped coordinate and rally for clarification on this hastily put together congressional act.

Today, a press release by the Consumer Product Safety Commission (CPSC) clarified what we've all been anxiously awaiting regarding second hand businesses. “The new law requires that domestic manufacturers and importers certify that children's products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children's products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards. The new safety law does not require resellers to test children's products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children's products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.”

So fear not bargain hunters, it is not illegal to have children's items in yard sales, consignment shops, seasonal consignment sales or thrift stores. However, our children's safety is first and foremost so we all need to pay more attention to new laws, abide by recall listings and be more aware of items that are likely to have lead content. Shoppers and consignors who experience the thrill of Tykes, Tots & Teens 30,000 sq feet, Seasonal Consignment Sale at the GA International Horse Park will have easy access to CPSC recall lists to verify that items are not on the list this April.

See the Press Release from the CPSC http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html
Read the CPSIA Law http://www.cpsc.gov/cpsia.pdf
Check your items for recalls http://www.cpsc.gov/cpscpub/prerel/prerel.html

Blog by Laura Johns, Mother, Bargain Hunter, Founder & Co-Owner of Tykes, Tots & Teens Consignment Sales