New lead testing regulation may shutter children’s resale stores
The LA Times reported recently that new federal guidelines mandate that all products sold for those age 12 and younger — including clothing — be tested for lead and phthalates, chemicals used to make plastics more pliable. The newspaper reports that those items that haven’t been tested will be considered hazardous, regardless of whether they actually contain lead.
The regulations take effect Feb. 10, and resale shop owners say it may force them to close down or throw truckloads of merchandise away. According to the story:
The new regulations take effect Feb. 10 under the Consumer Product Safety Improvement Act, which was passed by Congress last year in response to widespread recalls of products that posed a threat to children, including toys made with lead or lead-based paint.Supporters say the measure is sorely needed. One health advocacy group said it found high levels of lead in dozens of products purchased around the country, including children’s jewelry, backpacks and ponchos.
Lead can also be found in buttons or charms on clothing and on appliques that have been added to fabric, said Charles Margulis, communications director for the Center for Environmental Health in Oakland. A child in Minnesota died a few years ago after swallowing a lead charm on his sneaker, he said.But others say the measure was written too broadly. Among the most vocal critics to emerge in recent weeks are U.S.-based makers of handcrafted toys and handmade clothes, as well as thrift and consignment shops that sell children’s clothing.
Aisha covered education and breaking news for nearly ten years before joining the Lifestyle staff where she writes a "Dirty Laundry" parenting column. She is the home and family editor and wastes too much time on Facebook and political blogs. 
First of all, a resale shop is reselling something already purchased before as new. They should be grandfathered in as the products would have been produced before the law went into effect.
Any items they get in the future after this law takes effect would be labeled as containing or not containing lead.
The problem is really for the manufacturers, which will ultimately pass on a price increase to the consumer for this additional testing.
In the end, it seems more of a ploy to hurt Chinese and other foreign manufacturers than for safety. This is like the red light cameras which I believe are more for revenue generation than safety, but you can show it both ways.
It would be great to see the statistics of how many children get lead poisoning from the products to be tested vs. how much this testing will costs. If it costs a billion dollars a year to save 2 children a year from lead poisoning, would it be worth it then?
I also hope that food is also included to be tested for lead and the phthalates they speak about as it would be more important for safety than testing a toy for lead. Will they label food as hazardous if it’s not tested?
I am all for safety, but this goes too far. Not only will resale shops be affected but think of the ramifications for nonprofit and church thrift shops, (Goodwill, for example) and for small businesses that make handmade items for children. Not the mention the families whose budgets rely on used clothing and toys. How did this slip through Congress without more discussion? Why are we just now hearing about this?
@April,
Do you really think anyone in Congress buys stuff that could be questionable? Stores like Once Upon a Child aren’t exactly at the top of their shopping depots. Hell, I bet even Target is not an option and Dillards/Macy’s is a last resort.
Thank goodness, I always wondered how much a child was worth: according to Dan S it is approximately 500 million a person. I bet if your kid died of lead poisoning traced back to a cheap toy you bought him/her it would be worth every penny - but then again, perhaps 500 million would soothe your pain. . .
Most people in Southern Missouri are exposed to more environmental lead in air, land and water than in clothing, toys and other manufactured goods. And much of that lead is inert, not hazardous. Short of shutting down the state, landfilling every car, and eschewing the use of electrical and electronic gadgets,including computers, you aren’t going to get rid of lead. Get used to it,and learn how to minimize exposure instead.
I don’t think children should be protected from all lead– I think they should be taught not to eat lead paint chips, keep small toys out of their mouths, and avoid neighborhoods with flying lead wherever possible.
Here is something which is sort of ironic– because lead compounds are sweet (the reason kids want to eat it in the first place– lead is used in imported Mexican candy, manufactured food (often canned in improperly constructed lead soldered cans)and other ‘dulces’. Saw a health warning about such things written *only* in Spanish– as if gringos don’t go to la carnicera,almacen or bodega, and buy cheap Mexican goods, too.
This isn’t a proposed law - it was signed by Bush 8/12/08. CPSC - has interpreted Congresses words to be that if the items have not been tested for lead and there is no certification for the item then it’s hazardous material. This includes all things marketed and sold for children 12 and under.
The only option for resale/thrift stores is to test each item individually - problem is, the machinery to test items runs upwards of $35,000. Most shops cannot afford that in order to sell children’s items.
Safety certainly is paramount, but what is legal one day and hazardous material the next is ludicrous.
Unless you want to see the closure of resale stores, I’d suggest contacting your congressional representative. Congress is the ONLY group who can change law as it stands now.
A note to Dan: Labeling isn’t required until 8/2009, so there’s a number of months in which clothing, toys, etc is produced and most probably complies but no label exists.
Lead poisoning is quite serious and most who get lead poisoning are children 12 and under but this law just goes too far…
You can easily write your congressperson by going to congress.org
I’m writing a story this week on this pending legislation and its impact here in St. Louis among local thrift and second-hand shops. I’d like to include parents in on this. Do any of you shop frequently at children’s resale shops? Are some of you avid eBay and craigslist buyers/sellers of hand-me downs and other child items? I’d like to hear your thoughts on the possibility that this industry may soon be highly regulated. If you want to talk, please e-mail me at nancy.cambria@post-dispatch.com
Thanks, Nancy
Children & Families Reporter
This isn’t a “MAY shutter resale stores” situation, it will happen unless the law is amended in some way. If you google “saint louis, missouri, resale shop” and look at the results, you’ll see that there are 1,426 listed resale shop near Saint Louis, MO. Over 1,400 businesses! And that’s ONLY resale - it doesn’t take into account any micro-businesses that create handmade toys, clothing, and other children’s products.
Another thing no one has seemed to have thought of…if all resale will suddenly be considered “hazardous waste,” how exactly does the government propose that it will be disposed/destroyed? How many tons of useful clothing and other materials will become “hazardous” landfill, or be burned, polluting our air?
This is a SERIOUS consideration folks. It doesn’t just impact resale boutiques, it includes Goodwill, Am-Vets, and even church and yard sales! Please, please take the time to learn about this law, and call your congressmen! Urge them to read through, clarify and amend this law, for the sake of all of our families!
The Consumer Product Safety Commission web site has detailed information about the Consumer Product Safety Improvement Act:
http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML
Are you kidding me? Times are tight and we have five children. This will affect our lives in a huge way if we now have buy all of their clothing brand new. Not only that, but is simply ridiculous that all of the clothing at stores like Goodwill, Value World, and Once Upon a Child will be thrown into a landfill for lack of private funds to test them! The law needs to be amended to include clothing made after the February 10th deadline, or perhaps to have the non-tested clothing separated and labeled so the consumer buys at their own risk. What a waste! I am all for limiting our children’s exposure to lead and other harmful substances, but this is just too broad of a law. How do we change it - quickly???