Consumer Product Safety Commission clarifies rules on lead testing

Published 10:53 pm Tuesday, January 13, 2009

EVERETT — A new safety regulation for children’s products continues to raise questions from small-business owners less than a month before the law takes effect.

Just last week, Wendy Douglas thought she might have to close her three Me ‘n Moms shops, including one in Lynnwood, over the Consumer Product Safety Improvement Act. In an effort to keep lead-filled products away from children, Congress approved in 2008 the law that makes it illegal to sell items containing high levels of lead and some chemicals. Manufacturers and importers have to certify that children’s items made after Feb. 10 meet the new standards.

Toxic chemicals in toys have been linked to an array of health and developmental issues in children such as learning disabilities and reproductive and hormonal problems.

Douglas and other resellers of children’s clothing and toys feared their inventories of used items were bound for the landfill for lacking certification. Last week, the Consumer Product Safety Commission sought to clarify the law, saying that consignment and thrift shop owners “are not required to certify” their products.

Me ‘n Moms’ Douglas is confident the commission will exempt resellers of children’s clothing and toys from the new regulations. The commission’s clarification provided Douglas with a “big sigh of relief,” she said.

But not all small-business owners are convinced by the commission’s statement.

The National Association of Resale and Thrift Shops said the commission’s attempt to clear up questions only caused more confusion. Although the commission ruled that resellers don’t have to test products for lead and other chemicals, they “cannot sell children’s products that exceed the lead limit,” the commission said. Since many items found in consignment and thrift shops have never been tested, business owners are left to operate at their own risk.

“The children’s resale industry need definitive rulings that guarantee they can operate in compliance … without risk of violations,” said Adele Meyer, executive director for the resale group.

Commission spokeswoman Julie Vallese told the Wall Street Journal last week that the agency won’t be focused on shutting down secondhand stores.

“The agency is fully committed to carrying out the law,” Vallese said. “But in terms of using the resources of the agency in the most useful way, the agency will be trying to focus on those products of greatest risk and the largest exposure” like recalled items, jewelry and other known hazards that pose the greatest risk to children.

The regulation and the commission’s subsequent clarification have sparked intense chatter in online discussion groups where business owners and people who sell their handmade children’s goods post updates and form opposition groups.

On Monday, Jim Griffith, dean of eBay education, created a forum for discussing the regulation and its effect on buying and selling on eBay. The online retailer plans to have a representative from the commission answer a list of questions generated by eBay users.

Administrators at Etsy.com, an online buyer and seller of handmade goods, say they’re in touch with the commission to see how the regulations apply to children’s items on their site. Like eBay, Etsy launched an online forum.

The Toy Industry Association is seeking to delay the Feb. 10 implementation date of the new regulations.

The commission says it has several proposals under way regarding the new law and still is accepting comments until Jan. 30 on third-party testing requirements for children’s products.

Locally, Douglas already checks recall lists to make sure her merchandise is in compliance. She plans to require her consignors to be more vigilant about the items they sell at her Me ‘n Moms locations. And Douglas may implement labeling system to identify age appropriate items.

But “as it stands now, it’s business as usual,” she said.

Reporter Michelle Dunlop: 425-339-3454 or mdunlop@heraldnet.com.