Congress passed a law banning the sale of children's products without proof of testing for hazardous materials, effective February 10, 2009.
On February 10, a new law passed in August 2008 by Congress, goes into effect requiring all children’s products to be tested for lead and phthalates before you are able to buy and sell them. This new regulation, under the Consumer Product Safety Improvement Act, will require all products for children twelve years and under to be tested and proven clear of hazardous materials before being sold. If there is no certificate stating that the products are safe, they will be illegal to sell to the public and must be destroyed.
Information about New Law on Children’s Products
Basically, products sold for children twelve years old and younger must be tested to prove that there is no lead or phthalates in them before they are allowed to be sold to the public. This law was first assumed to apply to both new and used products, but it has since been clarified by the CPSC through a statement released January 8, 2009. Read more information about the effect this law has on resale of used items.
Congress is attempting to more carefully regulate the toxins that children are exposed to with the passing of this law. With the recent issues regarding toys and other products from China, many parents would say that the laws in America are too lax.
Who Does the New Law on Children’s Products Impact?
This law will have a direct impact on the many small business owners, including moms who make handmade baby and children’s items. They will be required to have their products tested before being allowed to legally sell them.
Due to the cost of testing products, February 10 has been dubbed National Bankrupt Day in reference to the number of small businesses and individuals that will be going out of business due to this new regulation. Stores must test their children’s products, remove them from the shelf, or face the consequences of selling illegal and hazardous products.
Wendy Powell, owner of Childish Things, in North Seattle said, "There isn't going to be any bailout for me. I created something out of nothing and it looks like [the government is] going to shut it down” [Danny Westneat, Seattle Times “When Rules Trump Integrity” January 4, 2009]. The prices of children’s products will go up to help businesses recoup the cost of testing, and the law will thus impact every single family in America.
Resources accessed on January 5, 2009:
Los Angeles Times. "New Safety Rules for Children's Clothes have Stores in a Fit" by Alana Semuels January 2, 2009
The Columbus Dispatch. "New Laws Seem to Ban Resell of Toys" by Bill Bush January 1, 2009
The copyright of the article New Law Affecting Sale of Children's Products in Kids Products is owned by Jennifer Wagaman. Permission to republish New Law Affecting Sale of Children's Products in print or online must be granted by the author in writing.
Voice your opposition to the Consumer Product Safety Improvement Act by
mailing one used piece of clothing (please mail clean clothing only) to
your Senators and Congressmen. Let them know how you feel about this new
law.
By mailing your Senators and Congressmen the used clothing
it will draw more attention to the situation than just a letter. A letter
takes up little office space, the clothing will pile up and become an eye
sore. Imagine if each Senator and Congressmen received just 1,000 letters
with a piece of clothing in it. That’s 1,000 pieces of clothing. It’s hard
to ignore that.
LET’S BE HEARD!
Jan 7, 2009 1:47 PM
Guest
:
I'm betting that toy and clothing manufacturers are behind this so people
will only buy new things. I'm sure they were lobbying Congress all along to
get this bill passed. Just another example of how our government only cares
about themselves and money.
Jan 7, 2009 2:06 PM
Guest
:
I am very concerned for foster parents who if it were not for resale shops
kids would not be able to dress in the latest fashions or even just have
nice warm clothing. The prices in stores is outrageous and with what they
are paid to care for these chidlren they just can not do it. And not just
foster children, the average American with children often finds themselfs
in a resale shop to get some very nice items for kids. If we can save money
on clothes we can spend it on education or food. I think this is a very
unfair law. I of course am concerned about safety in chidrens toys but
maybe we can just ban the toys and not all the clothes? There has to be a
better solution to this problem. Resale shops will have to dispose of tons
of clothing and where is it all going, in our landfills? I know of several
good shops in my area and I just can't believe that all those items are
going to be disposed of, and of course so are the jobs these people have.
There will certainly be a ripple effect to this law..
Jan 7, 2009 5:45 PM
Guest
:
I HAVE BEEN A SINGLE PARENT WITH FOUR CHILDREN AND MANY TIMES I NEEDED TO
GO TO A SECOND HAND STORE TO PURCHASE CLOTHING. IT HAS HELP BE MAKE IT
THRU THE DIFFICULT TIMES. WE HAVE MANY SINGLE PARENTS WHO ARE BARELY
MAKING ENDS MET AND NEED THOSE SECOND HAND STORES. I HAVE SEEN MANY GOOD
CLOTHING SOLD. I UNDERSTAND THE TOYS! BUT, NOT CLOTHING. IS WELFARE GOING
TO HELP IN PURCHASING RETAIL CLOTHES FOR THOSE WHO DO NEED IT?
Jan 7, 2009 6:21 PM
Guest
:
We must fight this one!! It is absurd to even think about the effects the stupidity of this law will have. And the enforcement of it will
be paid for with our tax dollars!! This goes against all common
sense! All of these toys, stuffed animals, used clothing that are
purchased at yard sales, thrift stores and consignment shops will be
tossed where?? Will the government donate them to third word countries
whose average child population is desperate for food, clothing and shelter
and maybe never owned a toy?? What will this mean for ministries who
donate used items overseas at Christmas and other times of the year?
Perhaps that is who this law is aimed at stopping. Perhaps it is the
greedy retailers who want to force the population to shop their
stores!?! Do we still live in the land of the free and the home of the
brave?? Not for long, if we stand by and let government make and
enforce such laws of stupidity!! With all the needs in our country,
couldn't our lawmakers spend their time on something more urgent?? I
would not be surprised if the ACLU is not behind this. Come on,
America--Wake Up! Please do something about this. Contact your
senators!! I agree with the idea of mailing used clothing to the
Consumer Product Safety Improvement Act, your senators and congressmen,
along with your letter of disapproval.
Jan 7, 2009 7:51 PM
Guest
:
This is crazy..I buy almost all my children clothes durning summertime yard
sales. We just dont have the extra money to spend on new clothing. My
husband and I worked until our factory closure. Since then my husband did
find other work but is now laid off do to the poor vechile ecomony. I just
dont see how were going to be able to afford new clothing in the future.
Jan 7, 2009 8:04 PM
Guest
:
you would wished you paid the price for new if your kid got sick.
Jan 7, 2009 11:16 PM
Guest
:
I know it would effect my family and I only have 2 children and they are
getting older now, I thank God this didn't happen 10 yrs ago... Now we
freecycle everything here in Massachusetts so we aren't selling, so I
don't think it would apply. I can't imagine how a family of 18 like
the Duggers in Arkansas that rely totally on thrift stores.
Jan 8, 2009 3:57 AM
Guest
:
If my toys or clothing are bought brand new, then there should be some kind
of tag that says they are lead free. Why can't we then re-use same tag to
re-sell on ebay, craigslist, etc... I think that stuff is still coming
over with these toxins, and the companioes are'nt being penalized, so why
should we. I'll still continue to sell regardless of this or not.
Jan 8, 2009 7:31 AM
Guest
:
this is absolutely absurd!!!!!!!!!!there are so... many people who rely on
used clothing,etc. for their childen.....myself, mother of 3 being one of
those......i cannot believe suc a rediculuos idea a even come to
pass!!!!!!!!!!
Jan 8, 2009 8:58 AM
Guest
:
Land of the free? Not this land. Piece by piece, bit by bit, it will all be
taken away. The shallow mind will think this is a great idea. If the
government really cared about the children they would ban the garbage that
comes into this country from the great toxic pit. That would strengthen the
economy as well. Make it here, sell it here. And don't stop at sending them
clothing, send them the toys your children outgrow as well. I think baby
rattles would be appropriate.
Jan 8, 2009 9:28 AM
Guest
:
"you would wished you paid the price for new if your kid got
sick."
This is the kind of stupid, knee jerk reaction that
is screwing this country up. How many kids really get sick from lead
poisoning every year? How many parents and small business benefit from the
selling and reselling of children's goods? I'm sure you'll find a large
difference in size there. How many children will go hungry because food
will be sacrificed for clothing or cold because their parents cannot afford
to buy new all the time? How many birthdays and Christmases will be empty
and sad?
You have to step back and take the 30000 ft view and
weigh all the pros and cons. You don't punish a whole country full of
families and small business because an extremely small amount of children
get hurt. If this is how we are going to start regulating everything, we
might as well wrap everyone in bubble wrap and never let them leave a
padded room. Little Jimmy fell off the jungle gym? Tear down all the play
grounds! Little Suzie was stupid enough to swallow 20 magnets? Ban all
magnetic toys! What a sad, irresponsible people we have become.
Jan 8, 2009 11:08 AM
Guest
:
Just trying to remove another American tradition - garage sales.
Jan 8, 2009 1:58 PM
Guest
:
I am speechless at the overwhelming stupidity of this law!! The facts and
never-ending ramifications have all been previously verbalized. Kudos to
the comment from Jan 8 @ 9:28 AM! I am so sick and tired of no one having
to take responsibility for their own actions anymore!! Why don't we stop
dragging it out and trying to disguise what this country is doing, and just
adopt Communism already!! THAT'S WHAT IS SLOWLY HAPPENING!! Is everyone
deaf, dumb AND blind?? Pretty soon the government will be telling us that
we all have to wear uniforms. WAKE UP AMERICA!
Jan 8, 2009 3:33 PM
Guest
:
I think this law is UTTERLY REDICULOUS !!!!!!!!!!!! My husband and I raised
our children on THRIFT STORE CLOTHING. I have been working my BUTT off in a
THRIFT STORE for 15 years. I see what kind of people shop there. It is not
only the needy, but the not so needy also. Most of our clothing sales are
you guessed it INFANTS and CHILDREN. It is pretty bad when the government
can tell us where to shop, what we can buy and what we can't. Just exactly
WHERE are we to get the specific types of clothes that our children are
REQUIRED to wear to school? NEw store, I think not, prices are WAYYY to
high, that is why there are Thrift(get it) Stores, second hand stores and
consignment shops ALL OVER this "great" country we live in.
Jan 8, 2009 4:21 PM
Guest
:
So who will be punished for letting this happen.We have to buy new and only
new because somebody looked the othere way when this poison was being put
in the clothes and toys.Now we are punished for it .I would like to know
who was in charge and what is the penaltiy for the child endangerment they
have created.Somebody needs to go down for this if what is being said is
the truth.And I mean the truth
Jan 8, 2009 5:13 PM
Jennifer Wagaman :
There is new information that the CPSC has released today, here is a
summary of that press release:
http://newteachersupport.suite101.com/article.cfm/the_effect_of_the_new_toy
_law_on_thrift_stores
Jan 8, 2009 8:14 PM
Guest
:
This law is stupid, but so are the appointed and elected official we have
running our Government you can bet that the lobbyist that pushed is law
through worked for some big retail Corporations that had lots to gain from
this law and the word Greed come to mine. Our Country is in the shape
it is in now because of Corporate Greed and their lobbyist while our
appointed and elected official, Senators and Congressmen turn a blind eye
to what right or wrong while riding on the Corporate coat tails that they
seem to be so devoted to. For, for-to-long have we let our Government tell
us what they think we want to here and what’s best for us? Yes this is a
Stupid Law and the same goes for the people that past it. I just don’t
think they get it, the game is shifting and the people of this Country will
be the voice of the future. The most powerful thing we can do as (One) is
to send your thoughts and or opinions to your Senator and Congressman and
let them know that we are many and our opinions do matter and that they
will be held accountable.
Jan 9, 2009 4:53 AM
Guest
:
Trust me people, this is just the start. I know people who are retired or
otherwise out of work who make children's toys. No more. And where will
this lead? Well, just because you make and/or sell adult clothes don't
think you're okay. That will be next. You won't be able to sell used
kitchen items in the future either unless "tested". Then any
powered appliance unless inspected to "protect" against worn out
safety devices. Used tools could be banned unless equiped with current
safety devices. Used tires will have to be pressure checked before you can
sell them. Video games will have to carry stickers confirming that the
controllers were sanitized and they will have to be sealed in protective
bags sold by local governments. Opened paint or other finishes won't be
able to be sold since they might have had additives put in. Furniture will
have to be professionally cleaned and tagged to confirm they don't have any
traces of peanuts or other potential allergens. The resale of health care
appliances or devices, (such as wheelchairs, walkers, canes, etc.) will be
banned unless reinspected and sold in an approved store. Remember, they
always start with children's products. No one can fight against a law that
protects children, right? But that's just the wedge they use to widen the
crack in your rights. Once they get started they NEVER stop. And even if
you think I'm a nut, if I can think of this you can be sure they are. It's
not so much what I've thought of that you have to be worried about. It's
what I HAVEN'T thought of that's the real concern. And think about
this a bit more. What if you do get your items tested? You pay your price
and get the test and get a sticker and show it to the
"enforcement" people. Do you actually think you're okay? Guess
what you just did. You've told them that you're selling things. Now you're
in for state and local taxes. Then you're in for income taxes. It's not so
much about protecting children. It's about regulating and taxing every
aspect of your "private" life. Watch the movie "V for
Vendetta". That's where we're headed. Enjoy the ride.
Jan 9, 2009 3:02 PM
Guest
:
There is new guidance on this: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html
It does
NOT require resellers to certify products. So thrift stores and Craiglist
are fine.
Jan 11, 2009 3:17 PM
Guest
:
Resellers are NOT fine. Resellers aren't required to certify the items they
sell, but they are still NOT allowed to sell items that don't meet the new
requirements. So how are they supposed to know if the items they are
selling meet the new requirements? They can't. So they have to research
what kinds of products are likely to exceed the new lead limits (for
starters, anything with vinyl--this includes everything from fake leather
coats to diaper changing pads, as well as anything with fake pearl or fake
shell decorations or buttons), and NOT SELL THOSE ITEMS. Since items that
don't meet the requirements are classified as Banned Hazardous Substances,
the penalty for selling them is a minimum of $100,000 PER VIOLATION and
possible felony conviction. There is also a website where people can report
businesses they suspect are violating the law.
Jan 12, 2009 5:01 AM
Guest
:
I own a small children's consignment shop in Central Square, NY-north of
Syracuse NY. I just opened 6 months ago and this will have a devastating
effect on me as well as thousands of other children's consignment shops
throughout the United States. Anyone reading this, please email your
senator and everyone you know. There is strength in numbers! Everyone just
email one friend, who can email another-they can email congress. Let's
stuff the mailboxes of congress, President Busch and President Elect Obama.
This law will take effect on Feb 10.
Jan 12, 2009 5:01 PM
Guest
:
just remember guys (barter) trading is not covered in these
laws!!!!!!!!!!!!!!!!!!!!!!!!
Jan 12, 2009 5:43 PM
Guest
:
I'm a mom of 2 also & we can afford to buy new clothing for the most
part but I do buy new & used items. I'm a huge yard sale fan & if I
find a good deal of course I buy it! I can see passing the toy law because
there are a lot of toys with lead in them as we all know from the huge
recall last year but clothes?? come on. I think this is just a way for the
government to control everything. I guess they think it will boost the
economy or make the retail stores numbers look good. This will hurt the
economy more than anything I think. Clothing is a big deal of course. It
also puts millions of at home moms who are selling on ebay or having yard
sales out of business.
Jan 12, 2009 6:38 PM
Guest
:
Am I missing something or what? I see all these comments blasting this law
because you say it won't allow resale of used items to consignments shops,
Goodwill and such. And if this were true, I'd be furious too. But if you
will read above regarding reale of used items, you'll see that this doesn't
affect "used" at all. We'll still all be able to do garage sales
and ebay!! Get ALL the information before you fly off the handle!
Jan 12, 2009 8:33 PM
Guest
:
This law is completely stupid and will cut the throat of small businesses
and force more people onto welfare. I would seriously like to know who is
going to pay welfare or anything else after everyone forced to be on it.
Many people are making clothing and other items for small children and
babies and this would completely ruin them. The majority of them are making
them out of new products. It will also force the clothing in the stores to
skyrocket. Gee, just another thing to boost our economy along with the
price of gas (going up everyday again) and everything else related to it. I
could see regulating the food but I think this is blown out of control.
Come on!! No way to this completely idiotic law!!!!!!
Jan 12, 2009 8:59 PM
Guest
:
>>There is new guidance on this: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html It does NOT
require resellers to certify products. So thrift stores and Craiglist are
fine.<<
Not quite. If you read the paragraph carefully,
it says:
"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."
The way I'm understanding
it, it says resellers aren't required to test their items, but since they
aren't allowed to sell items that don't meet the requirement, they could be
in big trouble. It's like they started to make an exception for resellers,
then took it away in the next breath.
This will not only affect
resellers, but also people just trying to sell their children's old stuff
to earn money to buy the new stuff they need.
And what about the
many antique toy collectors out there? Although for adults now, they are
still children's toys.
Another casualty those "in
power" haven't thought about ... what about those trying to sell
handmade items either for a living, second income or extra savings? You
can consider church craft shows a thing of the past. How will anybody be
able to prove that their finished product meets the requirements without
having it tested? When it comes to hand-crafted items, you're usually
lucky to get the cost of your materials back, let alone add on another
expense.
Jan 13, 2009 3:27 PM
Guest
:
I've researched this like crazy & the people who think the resale
consignment & used clothing shops are not in trouble are WRONG! The law
says they can still sell the items but if they are not tested they are
illegal! so if the items are sold when they aren't tested the stores will
be in trouble, therefore small business will have problems from this. the
clothing industry is calling this "national bankrupt day" due to
the number of stores in trouble. This was a good law gone wrong.
Jan 19, 2009 6:51 AM
Guest
:
I must be reading something different than some others because I take it
that you can resell items without testing but you want to be careful and on
the lookout for items that would be likely to contain these items. The
only way you will get in trouble is if something slips by and someone gets
sick or hurt. I have contacted the local assignment shops in town and none
of them seemed concerned and say they are okay with this law.
Jan 27, 2009 6:48 PM
Guest
:
We would NOT be having this problem if we the United States made the
products here and not from other countries.
Feb 9, 2009 2:47 PM
Guest
:
I AM SOOOO mad. Our children can play with toys from China, but we can't
but used clothing. That is where 90% of my sons clothing comes from. This
is ridiculous!
Feb 9, 2009 2:48 PM
Guest
:
The people that vote on this act are rich people and that is why it's not a
big deal to them. I guess my child will just wear crap clothes. I hate
this. I am furious!
Mar 1, 2009 8:35 AM
Guest
:
Why is it falling on retailers, why isn't the focus on manufacturers of the
materials - i.e. China?
Jan 5, 2009
