More news on the Consumer Product Safety Improvement Act

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

Photo: Stores such as Goodwill might have to test all of their children's products for lead, or throw them away. Credit: Mark Boster / Los Angeles Times

Comments

[trwmn]

Pretty normal thing from a society that is obsessed with over-protection and a law-making system that is simply knee-jerk to the latest big story. We're making laws about things that need not even be addressed by a national lawmaking body and we're not thinking through all the repercussions of our acts.

[mama pajama]

Gaa! So incredibly irritating! Way to fill up the landfills even more and add more stress to our economy! I'm curious -- does this also apply to donations for charities/churches/shelters? Because a *lot* more people are gong to be f*cked if it does....

And no, I'm not opposed to testing for lead or just having legislature prohibiting products from being made with harmful products to begin with, but yeah, the knee-jerk, all-inclusive blanket is ridiculous and puts the responsibility in the wrong place. What's next, banning antiques? "cause you KNOW those items were made with plenty of lead based paints and such...

[bwilder]

I can't believe anyone is objecting to this long overdue legislation. What's more important, business making money as usual, or protecting innocent children from being poisoned?? It was this business first, people last attitude that made it possible for these harmful products to be made and sold in this country in the first place, and its completely shameful.

[annat]

how can we not object???? we can't afford to pay more than a dollar or two for clothes. And why shbould we when we are saving the landfills from filling with perfectly good items. Hope they won't ban freecycle next or we can all just give up!

[shawna]

so this is my thoughts on this. Where is all the testing on childrens clothing 13 years of younger? If they were to pass this then why don't provide free lead testing in the clothes before its but out for sell. This is just another way for them to boost the economies revenue. I don't think they are taking in concideration that b/c of how bad the economy is, some people can't AFFORD all the crap they are throwing at us. If your going to pass this silly bill then they should do something on their end other than sign more of our money away!

[Paul]

Poor people can dig through the dump at night like in Haiti. You are just too stupid, and too cheap to know that your betters know what's better for you than you do. So...Support your lefty business! Ask for more legislation! Poverty means more poverty support jobs for the Welfare Poverty Pimp business, the fastest growing industry in Amerika!

[Emily]

This law is simply ridiculous. Sure there could be products that have been made with harmful substances, however shouldn't it be up to the consumer to take that potential "risk" involved? It should be our choice to buy used, rather than being forced to buy new and create more waste! Also crazy about this is it goes so against the "green trend" that is ever so popular! Figure out which way you want to go!!!