More news on the Consumer Product Safety Improvement Act

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Many consumers and small businesses are up in arms about the Consumer Product Safety Improvement Act. The law was passed last year to try to stem the tide of toy recalls. But in requiring that anyone selling children’s products ensure that the products have been tested for lead content, lawmakers may be putting thrift stores and clothing makers out of business, retailers say.

There are signs of a reprieve, though. On Tuesday, the two-member Consumer Product Safety Commission, which interprets and enforces the law, gave preliminary approval to four exemptions to the law. They involve products made from natural materials, electronics and products that have lead that is inaccessible to children. But no final changes will be made before Feb. 10, and that’s the date after which all products not tested for lead content will be considered hazardous.

Now Congress is getting involved again. Gus Bilirakis, a Republican congressman from Florida, sent a letter today to the chairwoman of the CPSC expressing his concern that the law will have a negative effect on thrift and consignment stores.

‘I have heard from retailers in my district who are greatly concerned that they will be forced to stop providing such products on Feb.10, 2009, because they lack clear and consistent guidance on how to meet the new law’s mandates,’ the letter says. ‘These constituents have indicated that they may be forced out of business because of their inability to comply with the law’s third-party testing requirements.’

Whether his letter will prompt a change in the law is unknown, as the CPSC can only interpret the law, not change it. It is up to Congress to make any major changes to the law.

Meanwhile, we’ve been deluged with questions about whether people can still sell children’s clothing on eBay, who enforces the law and what retailers can do about it. Look out for a Q&A on these matters and more in an upcoming edition of the Los Angeles Times.

-- Alana Semuels