Examples: [Collected via e-mail, January 2009]
The broad scope of the complicated law, and it's interpretation by CPSC has effectively made it illegal for parents to resell their children's clothing and gear at a garage sale, on eBay, Craig's List, through consignment stores or annual children's consignment sales. If donated to a nonprofit like Goodwill or Salvation Army, those organizations can't legally resell it, as of
Please sign the petition and contact your members of congress to keep used children's clothing legal:
Origins: On 10 February 2009, new requirements of the Consumer Product Safety Improvement Act (CPSIA) go into effect that dictate children’s products cannot be vended if they contain more than
Lead poisoning can lower intelligence, cause mental retardation, memory problems, depression, fatigue, hyperactivity, aggression, hearing loss, liver or kidney damage, osteoporosis, high blood pressure and anemia. Very high levels can damage the nervous system, kidneys and major organs and even result in seizures or death. It can also lead to infertility in men and cause spontaneous abortion in women. In the final stages of lead poisoning, the victim experiences convulsions, paralysis, blindness, delusions, and then coma. People can and have died of lead poisoning. Children are especially susceptible to its ill effects.
The new law requires that domestic manufacturers and importers certify that children’s products sold after
News of this shook the world of those who have children themselves or sell children's products (e.g., toys and clothes).
In response to confusion over CPSIA regulations, on 30 January 2009 the CPSC voted to issue a one-year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products. The CPSC reiterated in their announcement of the stay that thrift stores and second-hand retailers are "not required to test and certify products under the CPSIA":
Of course, vendors of second-hand products still face the quandary that even though the CPSC has stated they are exempt from the testing and certification requirements of the CPSIA, they still have to ensure that the items they sell meet the new standards for lead and phthalate content. Some vendors have responded by discarding inventory from classes of items they are unsure about, keeping track of recall notices, and contacting the original suppliers or manufacturers:
Hazardous chemicals that makes plastic soft and squishy may be in certain toys and children's shoes and those have been taken from the stores as well, said Oakley, of Goodwill's regional office in Savannah.
Each Goodwill store has a computer that is frequently checked for recall notices, the same procedure followed by Salvation Army stores.
"We are committed to following all the guidelines," said Nanette Hamilton, director of the Salvation Army in Camden County.
[Consumer Product Safety Commission spokesman Scott] Wolfson stated that the law was not intended to drive resellers out of business.
"The target is the manufacturers of defective products," he said. "We're calling for the proprietors of thrift stores to try and go back to the supplier. Was it tested? Was it certified?"
Bingaman, Brian. "New Lead Laws Affect Thrift Stores." The [North Penn] Reporter. 30 January 2009. O'Donnell, Jayne and Liz Szabo. "Safety Rules on Lead in kids' Products Perplex and Polarize." USA Today 5 February 2009. Raugust, Karen. "CPSC Delays Enforcement of CPSIA Testing Requirements for One Year." Publishers Weekly. 1 February 2009. Raugust, Karen. "CPSIA Enforcement Waived for Post-1985 Books." Publishers Weekly. 7 February 2009. Respess, Susan. "New Product Safety Law Affects Thrift-Shop Sales." [Camden County] Tribune & Georgian. 28 January 2009. Semuels, Alana. "New Safety Rules for Children's Clothes Have Stores in a Fit." Los Angeles Times. 2 January 2009 (p. 350). Semuels, Alana. "Agency Rethinks its Rules on Testing Products for Lead." Los Angeles Times. 7 January 2009 (p. C3). Szabo, Liz. "Libraries Can Keep Books with Lead-Containing Ink." USA Today 6 February 2009 (p. C3). Associated Press. "CPSC Aims to Ease Confusion Over Lead Law." 6 February 2009. CPSC. "CPSC Clarifies Requirements of New Children’s Product Safety Laws." 8 January 2009. CPSC. "CPSC Grants One Year Stay of Testing and Certification Requirements." 30 January 2009. CPSC. "CPSC Spells Out Enforcement Policy for New Lead Limits in Children’s Products." 10 February 2009.