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The Homeschool Book Shop Newsletter>
New CPSC Law
January 15, 2009
As many of you may have heard, Consumer Product Safety Commission has put together a new law with the approval of Congress to force manufacturers and sellers of children’s materials to test ALL children’s materials for lead.
This has led to an uproar among resellers such as ourselves. The law, as it is written is somewhat ambiguous and difficult to nail down in this regard.
Here is our interpretation.
The intent of the law is to prohibit manufacturers and importers from selling items with unsafe levels of lead. This is to be regulated through testing of individual items at a cost to the sellers, but ideally would have been done and certified according to CPSC standards prior to the sellers stocking all items. As this law pertains to resellers (consignment, thrift stores, educational material resellers, etc.), this is what CPSC has said:
“Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.
“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. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.
“16 C.F.R. § 1500.85 provides that certain articles that are intended for children for educational purposes are exempt for classification as a banned hazardous substance…”
These statements were excerpted from the CPSC website. In interpretation of these statements, we believe that we may not knowingly sell materials that fail testing requirements, but we are not required to test. In addition, educational materials are excluded as long as they comply with other laws respecting lead and phthalates. Here at The Homeschool Book Shop, we appear to be fully in compliance as we are. For our friends who are sellers of used children’s toys and equipment, there may be more of an issue. The severity may be limited to staying informed of recalls or items that fail testing of qualified persons. This is not our expertise, so we like you are attempting to understand the laws as they impact us as a business, thrifty shoppers, and parents. If you are concerned about this or one of the businesses adversely affected by this new law, we encourage you to contact your law makers with your concerns.
We will be working to comply with the CPSC standards to the best of our knowledge. As is always the case, each of us is responsible to use our best judgment in all circumstances.
The following is the reporting of MSNBC
“New Law Requires Thrift Stores To Test Toys For Lead
WHAG-TV
updated 8:15 p.m. PT, Fri., Jan. 9, 2009
MOUNT AIRY, MD - A new consumer product safety law is set to go into effect February 10th. The law requires stores to test all products for kids 12 and under for lead content. Some consignment shop owners are up in arms saying it will destroy their business if they have to test their products.
Lawmakers passed the Consumer Product Safety Improvement Act last summer. It was intended to cut down on the number of lead-laced toys.
The law was passed by Congress, and it's interpreted and enforced by the Consumer Product Safety Commission.
As the interpretation of the law stands, resale shops are not required to test their products for lead. However, they cannot sell products for children that exceed the lead limit. So the CPSC recommends they avoid selling children's jewelry, wooden painted toys, or stuffed animals with buttons that could present a choking hazard.
‘How would we possibly know if they exceed the lead limits unless we get the testing? If this legislation goes into effect as it stands, my consignment shop would need to close,’ said Ginny Baird, who owns a consignment shop named Lucys in Mount Airy.
The CPSC says they don't expect second-hand stores to be able to afford the same testing as manufacturers.
"What we want thrift stores to know is that they don't need to test the products to certify that they meet the lead limits or the phthalate ban or other standards. What they need to do is use their best business judgment," said Patty Davis, a spokesperson for the CPSC. Read more at your4state.com.”
We pray or God’s wisdom to respond to this recent piece of Congressional leadership. May God be pleased with His people.
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