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Yes, at least that’s what the government believes is true. The Consumer Product Safety Improvement Act (CPSIA) set to go into effect on February 10, 2009 will require all products manufactured for children (up to age 12) to undergo testing for lead and phthalates. Any item not tested will be treated as a “banned hazardous substance” under the Federal Banned Substances Act and can not be legally sold in the United States after that date. Thus second hand clothes and toys sold at thrift and consignment stores will suddenly be considered “banned hazardous substances.”
In light of last year’s widespread issue with toys manufactured with high levels of lead, Congress swept in and enacted this law. While I agree with the law in spirit, afterall I do have two small children, I disagree with the law’s application.
I am sure there are probably many toys on store shelves today that have excessive levels of lead; however, the vast majority of toys and clothing do not. Thus suddenly making all new and used clothing and toys on store shelves “banned hazardous substances” at the stroke of midnight on February 10th sounds ludicrous to me.
While sellers of used or homemade items seem to be the ones affected by the law. It actually has much more far reaching effects.
The law affects both new and used items. In essence this law is a retroactive law. While it goes in effect on February 10th, it actually affects products manufactured months or years before. All inventories are required to have testing in order to be legally sold. This could potentially throw thousands of consignment, thrift and small mom and pop shops out of business. Even large corporations can be hugely impacted. One large retailer which has remained anonymous estimates the value of its affected inventory to be as high at $500,000,000.
The cost of compliance with this law could make children’s products much more expensive. Not only will you not be able to purchase second hand items, there will be less new items to go around. Imagine if overnight you could no longer buy a used car. The prices of specially tested new cars would suddenly become more expensive. So whether you currently buy new or used items, the new law would cause prices to go up for everyone.
There has been little mention of this in the mainstream media. Futhermore, I have not been able to find clear directives to manufacturers and resellers as to what all the reuqirements are and how to comply with them.
Consider reaching out to your elected officials and asking them to step in with some changes and revisions.
References:
Los Angeles Times – New safety rules for children’s clothes have stores in a fit
BabyCheapskate – The End of Second-Hand Kids’ Clothes and Toys
Consumer Product Safety Improvement Act
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