Second-Hand Clothes Update
Bowing to intense public pressure, it looks like the regulatory agency responsible for enforcing the new Consumer Product Safety Improvement Act, slated to go into effect February 10, 2009, may be backing off a bit. Though the two-member commission cannot change the law (that is up to Congress), they can decide how it will be enforced. Currently, they are saying that those who sell second-hand items (including toys, books, clothing, bedding, etc) intended for use by children under the age of 12 may do so without having the items independently tested for lead content. However, the second-hand seller is responsible to remove all items which have been recalled. This added bit of diligence is costly in terms of man-hours and may continue to preclude stores from accepting baby and child items. There is also a bit of gray area surrounding the liability of second-hand sellers with regards to selling items that are later found to contain lead.
The exceptions do not apply to anyone producing anything for sale that is intended for a child (and don’t even try to confuse that with clever labelling or marketing strategies). Small business owners who cannot afford the costly testing are likely to be forced out of business.
Until the new law takes effect, policies and interpretations are likely to remain fluid. Even after the enactment date, the reality of the law may not be felt.
