All children’s items are subject to testing for lead and phthalates, a substance added to plastic to increase flexibility, according to the Consumer Product Safety Act of 2008, which President George W. Bush signed into law in August 2008. The act was created in response to a wave of recalled children’s products containing lead.
Items with an unacceptable amount of the tested compound will be banned from thrift stores and second-hand shops. Also, items that have not been tested will be considered hazardous and thrown away.
According to a U.S. Consumer Product Safety Commission press release, resale shops are not required to test or certify their children’s products, but are unable to re-sell items with an unacceptable amount of lead or phthalates.
A Goodwill Industries representative says the business is working in close cooperation with the Consumer Product Safety Commission, the organization that enforces the act, to make sure they are in compliance.
“We are waiting to see what steps we’ll have to take,” said Shannon Kendrick, Heart of Texas Goodwill Industries public relations and marketing director.
Donated Goodwill items are thoroughly checked to see if the Consumer Product Safety Commission each month has recalled them, she said. Goodwill stores across the nation are required to spot-check items on store shelves to ensure banned items did not slip past the initial screening.
“For years we have been dealing with items that have been recalled,” Kendrick said.
However, this act will not affect Goodwill industries as greatly as shops that sell children’s clothes exclusively, she said.
Children’s products are defined as “a consumer product designed or intended primarily for children 12 years of age or younger.”
Susan Robison, Scott & White hospice thrift store manager and volunteer coordinator, heard about the law Wednesday night.
“I didn’t get an hour of sleep last night. We’re just stressed over it,” she said.
Robison on Thursday put all children’s item for sale at half price, including clothes, toys, books and car seats. Robison said she would have gotten rid of all of her children’s merchandise had she been required to complete lead testing.
“I don’t think it’s going to change much of anything. We don’t want to sell anything on a banned list,” she said.
However, Robison is worried about the amount of waste the banned items will create.
“It should use all of its shelf life up before its goes to the dump,” she said. “They’re going to end up having to burn everything.”
Twice Upon a Clothesline sells a large amount of children’s clothes, and manager Lisa Jones is not sure how the store would fare without the merchandise.
“I feel if they’re already sold through retailers, we shouldn’t be at fault,” she said.
However, Jones says the store will be financially stable if they end up getting rid of all children’s toys.
On Monday, the Consumer Product Safety Commission will decide whether or not products made from all-natural materials will be exempt from testing, giving retailers and thrift stores the chance to save some of its products.
The act also requires mandatory product tracking labels and product registration, and new warnings in advertising and on Web sites for toys and games.
The press release says that children’s products with more than 600 parts per million (ppm) total lead cannot lawfully be sold in the United States on or after Feb. 10, even if they were manufactured before that date. The total lead limit drops to 300 ppm on Aug. 14.
Resale shops that sell products in violation of the new limits could face civil or criminal penalties.
Those failing to comply with the act could face imprisonment for knowingly and willfully violating the law or a large fine.
The Consumer Product Safety Commission encourages resellers to visit www.cpsc.gov for information on recalled products.
The act can be viewed in its entirety at http://www.cpsc.gov/cpsia.pdf. Contact the Consumer Product Safety Act at info@cpsc.gov with questions.
