New Children's Safety Regulations Threaten Secondhand Retail Outlets

Secondhand shops that sell children's used toys and clothing may find themselves closing their doors in the near future, if pending federal legislation requiring lead and phthalate testing for children's products becomes law. The Consumer Safety Improvement Act was passed by Congress in 2008, spurred by the recent glut of imported products (mostly from China) that contained toxic amounts of lead and phthalate. Our children's safety is important, but this extreme measure threatens the livelihood of secondhand outlets, and will create hardship for families who cannot afford to buy brand-new children's clothing .

The regulations will require that all children's merchandise offered for sale after February 10 be tested for lead and phthalate. The cost for such testing is prohibitive, as much as $50,000, for small secondhand outlets. Secondhand items are unique, and new regulations would require that every children's item be tested individually, while newly manufactured products will be tested by lot.

The Consumer Product Safety Commission, which is responsible for enforcing these new regulations, has exempted children's clothing and toys made of natural products such as cotton, wool, and wood. Unless further exemptions are made for secondhand items, many thrift shop owners will have little choice but to send all their secondhand children's merchandise to the landfill.

As a dealer in secondhand merchandise, this issue concerns me personally. We often find children's clothes, toys, books, furnishings, bottles, and bedding when we're cleaning out a storage unit. Are the Toxin Police going to come to my yard sales and shut me down if I sell secondhand children's products? Maybe they'll catch up with me at a flea market, taking me away in handcuffs as a destroyer of the public safety. Oh, the shame!

As consumers, can we even legally give this "hazardous waste" away? "Put your hands up, and step away from the hand-me-downs!" Collectively, how are we going deal with this vast amount of banned secondhand merchandise? The landfills are already overflowing; will they even be able to accept this questionably toxic refuse?

How ironic that this sort of legislation would pass while the economy is so depressed and many families are relying on Goodwill and the Salvation Army, as well as local thrift shops, yard sales, churches and flea markets to provide for their basic needs. Perhaps the CPSC will consider the potential hardships created by such a ridiculous approach to children's safety, and grant an exemption for secondhand outlets. As consumers, let us decide for ourselves what risks we feel are necessary and appropriate for our families.

Resources:

http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/710028C4BC75C1E986257538000F9ABB?OpenDocument

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