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<< Previous   of   Next >> Jennifer Buchanan / The Herald  (click to enlarge) Hannah Collinge, 2, of Bothell, wanders the toy section at Me 'n Moms consignment shop in Lynnwood on Monday afternoon. The shop's owner, Wendy Douglas, worries a new product safety regulation requiring testing of children's products for chemicals will endanger her business.   ADVERTISEMENT   CONTACT THE HERALD Robert Frank, City Editor frank@heraldnet.com   Published: Tuesday, January 6, 2009 New product safety law a blow to shops Child products not tested for chemicals will be deemed unsafe By Michelle Dunlop Herald Writer LYNNWOOD -- After 20 years in business, Wendy Douglas found out last weekend that she has about a month to try to save her three children's clothing consignment shops. It's not the economic downturn putting Douglas' Me 'n Moms stores in danger. It's a new child product safety regulation that takes effect Feb. 10. After widespread recalls of toxic toys, Congress last year passed the Consumer Product Safety Improvement Act -- its effort to keep lead-filled items away from children. The law dictates that all products sold for people 12 and younger -- including clothing -- be tested for lead and phthalates, which are chemicals used to make plastics more pliable. Items that haven't been tested will be considered hazardous, whether or not they contain lead. That means most of the items -- slightly used clothing and toys -- in Douglas' stores will be considered hazardous. For many business owners, like Douglas, the regulation is a surprise. On Monday, Douglas was gathering information about the new law and trying to sort out her options. "What exactly does this entail?" she said. "I'm going to start talking to patrons and to a lawyer." The new law caught Sarah Collinge, a patron of Me 'n Moms' Lynnwood location, off-guard on Monday as well. As her daughter Hannah, 2, tried out the consignment shop's toys, Collinge rocked Hannah's younger sister, Sadie, 3 months old, in her carrier. Collinge not only buys clothing and baby items at Me 'n Moms, she also trades in her used items for store credit. "I like to get the kids things here because it's usually all in good shape," she said. "We save a lot of money shopping here." The Bothell mother said she wasn't particularly worried about lead in toys because she tends to buy brands that have solid safety records. But she is worried about what the law will mean to Me 'n Moms. "I come here all the time," Collinge said. Supporters of the regulation say the measure is sorely needed. One health advocacy group said it found high levels of lead in dozens of products bought around the country, including children's jewelry, backpacks, ponchos and clothing. But other people 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. Debbie Baillie of Rowdy Rascals Toy Store views state and federal regulations as a death sentence for many children's retail shops. The downtown Snohomish store features educational toys -- many from small manufacturers that already don't use lead but may not have the means to afford testing to prove it. "For us here in Washington, I think we're pretty much done for," she said. Washington state enacted its Children's Safe Product Act in 2008. Federal lawmakers crafted slightly less stringent national guidelines last year. Therefore, Baillie said, even if the federal regulations are delayed, Washington business owners still have to live up to the more rigorous state standards. Baillie said she supports safer toys, just not the law as written. The scope of the regulation hasn't been truly understood by many business owners, who still believe the law applies only to children's toys, Baillie said. "It affects books, clothing, toys, crafts -- everything," she said. Several Snohomish County consignment shop owners contacted Monday by The Herald hadn't heard of the new regulation. Even business owners who realize the regulation applies to their stores are having a tough time getting information on the law, Baillie said. "No one can even figure out what we need to do to be in compliance," she said. Douglas said her three stores -- in Seattle, Issaquah and Lynn­wood -- take in about 2.5 million pieces each year. She wonders how far the law extends -- whether parents are supposed to throw out untested items, whether schools are supposed to enforce the regulation. "What are families going to do?" she said. Douglas, like many clothing shop owners, says the law should be changed so that it applies to products manufactured after Feb. 10, not sold after that date. There is the possibility of a partial reprieve. The Consumer Product Safety Commission, which is responsible for enforcing the law, met Monday to consider exempting clothing and toys made of natural materials such as wool or wood. The commission does not have the authority to change the law but can decide how to interpret it. "All we can do is cross our fingers and hope they change it," Douglas said. Besides hurting their businesses, Douglas and Baillie worry about other implications the new regulations will have on the environment, charities and children. When thousands of items essentially are banned Feb. 10, stores will have to get rid of their inventory, sending it to a landfill. That strikes Me 'n Moms' Douglas as counterproductive. Douglas noted that she donates large quantities of children's goods to charitable organizations each year. In a time when more Americans are turning to these groups for help, Douglas wonders how the law will affect needy children whose parents rely on donated goods. Goodwill officials are discussing the new legislation with the Consumer Product Safety Commission, said David Sandler, a spokesman for the nonprofit organization that has four stores in Snohomish County. "We are seeking their guidance and clarification. So, we can ensure our complete compliance," Sandler said. Children also will feel the effects of the new law, Baillie said. Large toy and clothing companies will survive because they can afford the required testing, but small companies will struggle, narrowing the selection of toys, books and clothing available. "I think the U.S. children are going to lose so much," she said. The Los Angeles Times contributed to this story. Reporter Michelle Dunlop: 425-339-3454 or mdunlop@heraldnet.com. READER COMMENTS Be the first to comment. You must be a registered user and verify your e-mail address to post comments to blogs or articles on HeraldNet. To register, click here. To read other terms and conditions, click here. Log out

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