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UPDATE: Thrift Shops Won't be Affected Under New Phthalate, Lead Ban

Posted by JeanneSager

After the post below - and the Los Angeles Times story that prompted it - drew a lot of attention from parents worried thrift shops were on their way to extinction thanks to the impending Consumer Product Safety Improvement Act ban on children's products that test positive for phthalates and lead, we have good news!

Thrift shops are safe!

The Consumer Product Safety Commission issued a clarification today stating, "The new safety law does not require resellers to test children's products in inventory for compliance with the lead limit before they are sold."

Stores are prohibited from knowingly sell products that don't meet the new standards, but the new ruling clears up major confusion (and major fears) for retailers. Considering how much time I spend buying used clothes to save money on my daughter's wardrobe, it put a huge smile on my face too!

 

The original post:

Think the answer to saving money on your kid's clothes lies in the thrift shops? 

You might want to stock up fast. Because the Consumer Product Safety Improvement Act (CPSIA) that will go into affect on February 10 will affect not only sellers of new products but those selling used goods too.

In an interview with the Los Angeles Times last week, Adele Meyer, executive director of the National Assn. of Resale and Thrift Shops, said the places most people go to save a few extra bucks on outfitting their families won't be able to cough up the thousands of dollars necessary for testing every product aimed at kids under twelve. 

"They'll all have to go to the landfill," Meyer said.

In this economy? This is the best option out there? Thrift stores - or goodwill shops - are low-cost, sometimes free options for parents. I've found some great bargains on clothes for my daughter - clothes made by big names who might even have the money for the tests, but weren't required by law to do so when the clothes were actually made. In my rural neighborhood, most of the thrift stores are run by churches - who open the doors to families who are down on their luck because of illness, job loss or a fire, absolutely free of charge. Now, suddenly, the places that run on donations to GIVE donations, are being ordered to spend thousands that they don't have. 

My biggest concerns about the CPSIA plans came after talking to moms who make and sell products online, who talked to me about possibly going out of business because the government plan is so generalized it doesn't take into account the fact that organic cotton (just an example) isn't likely to share a toxic profile with plastics anyway. The legislation calls for ALL products that could "reasonably" land in a child's mouth to be tested by an independent lab, then tagged to prove it. 

If it hasn't been tested - even if there is no lead or phthalates - it will be considered toxic, and it will have to be trashed. As in sent to the landfill, like Meyer said. 

The Consumer Product Safety Commission (CPSC), is supposed to consider today an excemption for clothing and toys made of natural materials such as wool or wood, but even that won't help most thrift shops. Clothes made of cotton - but with dyes - or cotton-polyester blends will still be subjected to the (expensive) tests. 

I've said it before - I'm all for protecting the kids. But protecting our kids also means protecting parents' ability to put clothes on their back and shoes on their feet. And if the thrift shops or goodwill stores have to shutter on Feb. 10, an overwhelming number of Americans suffering in the midst of a recession, won't be able to do that. 

Image/Source: The Los Angeles Times

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+ DIGG + STUMBLE

Comments

 

Evvie said:

EVERYthing that could land in a kids mouth? That is everything in my house! Certainly not just toys..... what overkill! It's like cutting out a man's heart to lower his blood pressue!

January 5, 2009 1:48 PM
 

Maegan said:

Dog toys?  My cell phone?  Our old remote control?  My running shoes?  Feathers?  The escape key to my computer keyboard that I had lost a year ago?

There is no limit to what could "reasonably" end up in my daughter's mouth.  Ever.

January 5, 2009 3:37 PM
 

Jennifer Winchell said:

This sounded like lots of hype to me and not accurate, so I did more research.

From what I can tell from reading lots of legalees (linked below) someone overreacted and misread the law and went hogwild scaring everyone into thinking that all these thriftstore items will end up in the landfill. From what Neil (my husband) and I read the only people required to test products are manufactures and labelers. Retailers must not sell items known to have phlates or lead in them, but are not themselves required to test items. All these news articles and discussions came out since 1/2/09 even though the law was signed by Bush last fall, which makes DH and I think that someone got their information wrong.

I went from this news story by the LA times:

www.latimes.com/.../la-fi-thrift2-2009jan02,0,2083247.story

from that article I looked up

The National Associate of Resale and Thrift Shops and The American Apparel and Footwear Association websites, neither of which had press releases about this. But I did find a link to the law on the latter:

http://www.narts.org/index.htm

www.apparelandfootwear.org/.../ChildrensClothingRegulations.asp

Here are links to the law, let me know if you can find more information (or different information) from it than I was able to:

www.apparelandfootwear.org/.../CPSCproductsafetylawsummary080902.pdf

frwebgate.access.gpo.gov/.../getdoc.cgi

January 5, 2009 6:38 PM
 

JeanneSager said:

Jennifer, you make a good point about who is responsible for testing.

However, according to the Consumer Product Safety Commission (which is charged with making sure this law is put into act), this is a retroactive law . . in other words, stores have to yank everything off their shelves that hasn't been tested as of Feb. 10.

So, while stores aren't responsible for testing new products (that is the manufacturers' responsibility), they can't stock something that hasn't been tested. In other words - used products that most thrift stores deal with, can't be sold unless they're tested. Now who would that fall to? The store - if it could afford it.

Here's the official government link: www.cpsc.gov/.../322.pdf

January 5, 2009 6:48 PM
 

Jennifer Winchell said:

Jeanne the way I read the law is that a store cannot stock products known to contain lead or phalates but it can stock other items that they know beyond a reasonable doubt to be safe for children.  The link you provide talks of "children's products that do not meet the lead limits" that can't be sold, so basically anything that got taken off the shelve or didn't meet the new testing requirements can't be sold again.  This means that most resale stuff such as clothing will be fine to sell used.

January 5, 2009 8:49 PM
 

JeanneSager said:

That's where I'm confused too. I wish I was a lawyer - it would make it easier to read all of this stuff!

The way I read it was that items not tested would be considered to not meet the standards (whether or not they do). It's hard to understand - one of the CPSC memos say anything that doesn't meet the new CPSIA standards would be banned. But by not meeting the standards, I honestly haven't been able to determine whether they're saying "is toxic" or simply "hasn't been tested."

I'd love anything else you can dig up!

January 5, 2009 9:15 PM
 

jennifer winchell said:

It is confusing, but how I read it is if you have something in inventory that gets tested is found to not meet standards you cannot sell it.  For instance footed sleepers that have phalates in the feet would get pulled of the rack, and baby bottles with clear plastic known to have phalates, and types of bibs and toys that have lead in the paint when tested.  Anything else in the inventory that is known beyond a reasonable doubt to be safe, meets the new CPSIA standards can be sold.  If you crawl through the text of the law that I have linked again you can see this is how it is written.

I think there is all this hype all of the sudden because of that LA Times article that was poorly written and improperly sited and just downright wrong.  Though maybe I am wrong here.  The only real facts stating that the stuff will get thrown away and thrift stores out of business comes from that unfounded article.  It seems to me if this was really going to happen we would find out before January 2nd that there would be no more resale shops for baby/kids stuff.  I emailed the writer of the Times story and am curious to hear back from her.  If you google it all these internet "rumors" started after her story came out.

My kids are totally outfitted by thriftstore and garage sale clothes/toys so if the hype is really true I need to head out to my second hand stores and stock up.  I asked the store manager at my local Goodwill store if he had heard anything about this and he hadn't.  I hope it is all unfounded hype.....seems to me it is.

January 5, 2009 10:22 PM
 

Cynthia said:

Unfortunately, this IS true. It is not 'hype'. It does affect kid's resale, consignment stores, thrifts, eBayers, etsy folks.

Go here and read. Jennifer, an environmental lawyer and engineer explains CPSIA very well.

www.thesmartmama.com/.../index.php

January 6, 2009 7:17 AM
 

SmallTownMom said:

In response to these comments, I work in a children's resale store.  We are still waiting for word about whether or not we will have to close our doors on Feb. 10th.  Even our corporate office and their lawyers are still examining the law and waiting to hear from government officials, but the law seems pretty clear in stating that the standards to be met include the required labeling.  So no label=not safe, because you cannot prove it.  In a store where our average clothing item is 5.99 and toys average 3.99, there is no way to pay the $4000/PER ITEM (since all our items are unique due to being used and not from identical lots).  Who would pay $4,025.00 for a used exersaucer, even if it is lead and phthalate free? Unless there is an exemption given or some type of new interpretation, this is where we are headed.  The law states that it would be illegal to sell items not tested and labeled as lead free-it does not distinguish between new and used.  It says all.  And as I said, our own corporate office will not commit one way or the other, because they can't figure it out.  I am very worried about how this law will affect our store, and the industry as a whole, at least for the next year or so until the items that meet standards become used and are sold again.

January 6, 2009 3:24 PM
 

Rhonda Dempsey said:

What is happening to us?

Is everybody nuts!

January 7, 2009 6:55 PM
 

Mike Adamick (Cry It Out!) said:

Woo hoo! I just found a cache of vintage FP toys at thrift town. I was so excited, I almost put them in MY mouth.

January 8, 2009 6:52 PM
 

Kathleen said:

This letter will come in handy, thank you. I'll be uploading it to the War Room (http://bit.ly/3SFN) and National Bankruptcy Day.com. There's also the automated mailer to email legislators in one fell swoop. http://tinyurl.com/5hloos. Lastly, we are asking people to fill out the Economic Impact Survey http://bit.ly/Cdwv. The latter link also includes every CPSIA entry published on Fashion-Incubator.com

January 9, 2009 10:03 AM
 

Julie said:

As a consignment shop owner, this law has been a big issue for me.  Although the CPSC has announced in a press release resale and thrift shops are now exempt from having to prove the items they are selling meet the current laws, it doesn't change the fact that they do still have to meet the current laws and there is no way to know that without the costly testing.  

If you like to shop resale and want to have the same quantity of merchandise to chose from after February 10th, please contact your congressmen/women about the wording of this law.  It is the only thing that can truly help us come Feb 10th.  

January 9, 2009 5:26 PM

About JeanneSager

Jeanne Sager is a writer who lives in upstate New York with her husband, daughter, a dog and too many cats. She refuses to believe motherhood comes with pumpkin appliqued sweaters, and she';s not ready to apologize for having only one child. She writes about raising her kid in her own hometown and the mom stuff she's not embarrassed to own at her blog, Inside Out (http://jeannesager.blogspot.com), she's contributing editor of Grand Magazine, and she's a regular essayist here on Babble

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