Raising the safety factor
Limits on lead and a plastics additive may have a visible effect on stores’ offerings
The Atlanta Journal-Constitution
Monday, February 16, 2009
New safety standards for children’s products went into effect last week, and shoppers might start to notice their impact on store shelves and on price tags.
The Consumer Product Safety Improvement Act made it illegal for manufacturers to sell or donate products that don’t meet new limits for lead or phthalates, a substance sometimes added to plastics.
Since Feb. 10, the legal limit for lead is 600 parts per million. On Aug. 14, the limit will drop to 300 ppm and on Aug. 14, 2011, it goes to 100 ppm. The legal limit for phthalates is 0.1 percent of a product’s total weight. The law also affects retailers and resellers, limiting what they can sell. They can face harsh penalties for selling recalled items, even accidentally.
The law was hotly contested by toy and clothing manufacturers, consignment and thrift shops, crafters and even libraries, but when the Feb. 10 start date rolled around, the Consumer Product Safety Commission said it didn’t have the authority to delay enforcement.
Here is a summary of what it means for consumers shopping for those ages 12 and younger.
New products
It’s unlikely shoppers will notice any change in the kind or quantity of merchandise offered new, although they might notice price increases if manufacturers pass along the cost of testing to retailers, who could pass it to consumers.
Most manufacturers won’t be required to test or certify that their products meet new safety standards until Feb. 10, 2010, but they already are required to meet the new lead and phthalate levels. Many retailers reacted by pulling suspect items, from toys to clothes to Valentine’s Day gifts, off shelves. Toys “R” Us has said it required additional third-party product testing, date-coding and guidelines for lead content, and told manufacturers that products had to be made without phthalates by the end of 2008.
Used products
Shoppers searching for used baby and children’s items will see less of a selection. Those trying to sell their old equipment might be out of luck.
Thrift and consignment stores aren’t required to do pricey testing on products, but they still can face criminal or civil penalties for selling those that don’t meet the new standards.
Many resale stores and boutiques are cutting out high-risk items mentioned by the CPSC: cribs, booster seats and other large equipment, painted toys or those made with easily breakable parts, clothes with rhinestones, metal or vinyl snaps, zippers, closures or appliques, children’s jewelry and handmade items that haven’t been tested.
Kelley Collins, owner of Sprouts resale shop in Conyers, said she will no longer carry baby and children’s equipment, but is adding a women’s consignment section to go with kids’ clothes sales. Manufacturers are expected to start labeling products that have been tested to meet new standards, and they’ll appear on the resale market in a few years, Collins said.
“We’re going to be more picky than we already are,” Collins said.
Handmade products
Shoppers who buy handmade goods might not see as many metal parts or painted objects, but the CPSC has said some materials don’t need to be tested and are safe to sell or donate: precious gemstones, some semiprecious stones, natural or cultured pearls, untreated wood and natural materials such as coral, feathers, fur and untreated leather, surgical steel, dyed or undyed yarn and textiles, and most children’s books printed after 1985.
Anyone who makes, produces or assembles a product is considered a manufacturer by the CPSC, which means even small businesses —- such as crafters who sell items online at Etsy.com or at local boutiques —- are affected by the new standards. They’re not required to test until Feb. 10, 2010, but they are liable if their products are found to contain more than the legal limits of lead and phthalates.
“I think it will shut me down, other than word of mouth,” said Laura Coats, a stay-at-home mom in Sagamore Hills who sells handmade items at local stores and on Etsy.com. Some, like pacifier clips, use metal parts. “I can’t go into any local stores and approach them about it.”
RESOURCES
To learn more about the Consumer Product Safety Improvement Act:
> Consumer Product Safety Commission: www.cpsc.gov/about/cpsia/cpsia.html
> CPSC recalls site: www.recalls.gov/cpsc.html
> National Association of Resale and Thrift Shops: www.narts.org
> Handmade Toy Alliance: www.handmadetoyalliance.org
> Buy Handmade: blog.buyhandmade.org



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