A new law that requires all toys and clothing sold to kids ages 12 and under be tested for lead and chemicals used to make plastics nearly clotheslined the way area thrift and consignment shops do business.
The Consumer Product Safety Improvement Act, which takes effect next month, is meant to protect kids from being exposed to lead and other harmful chemicals after a series of toy recalls last year prompted Congress to approve the law.
The Consumer Product Safety Commission last week clarified that changes to the Consumer Product Safety Improvement Act do not require resale or consignment stores to submit their children’s products for lead testing – a costly process that local resale store officials said would have crippled them.
However, resale and consignment stores still could be responsible either in criminal or civil court for selling lead-tainted products, the CPSC said in a statement Thursday.
And local store owners say they are still wary of liability from lead-tainted children’s products and will take steps to be more watchful that no such items are on their shelves or clothing racks.
“Even though we’re not required to test items for lead, we are required to keep an eye out for clothing and toy recalls, which is nearly impossible to do,” Jasmine Berfect-Gillis, the director of Social Concerns, said. “In December, which had 31 days, there were 29 recalls. We don’t have the resources or manpower to keep up with every recall out there.”
Social Concerns store manager Sue Candies says that the lead testing standards, if passed, would have impacted the local community – and not in a good way.
“We’re a small thrift store and we can’t afford to test all clothes and toy donations,” she said.
Another grief that had Candies worried was the financial ruin this new act would have had on the ability of the organization to help St. Charles Parish’s less fortunate residents.
“Children’s clothing and toys have consistently been big sellers for us – 25 to 30 percent of our profit comes from these sales, with higher totals during the holiday season,” she said. “And because the entire agency helps families, the programs we provide would have been impacted by the new law.”
Berfect-Gillis adds that Social Concerns plays many roles when it comes to aiding parish residents.
“There has been an increase in letters from locals who have lost their jobs due to layoffs and need help paying their utility and mortgage bills, and also need food to feed their families,” she said. “The services that we provide, in conjunction with other parish organizations such as the ARC, the Head Start program and the Nelson Coleman Correctional Center, would have been directly impacted also.”
Amy Barrios and business partner Kristie Lucky, who opened Luling’s Hopscotch Consignment shop last April, feared that the new testing law would have forced them to close their doors months before the store’s 1-year anniversary.
“Used baby and children’s clothing is our business,” Barrios said. “We can’t afford to test the clothing that we sell, and even if we did, we don’t have the time to do it.”
Barrios points out that although the act was passed in mid-2008, they just found out about it last week – through word of mouth.
“We had no warning,” Barrios said. “No one sent us a letter stating that this new law was going into effect. I feel that we should have been notified months ago about this.”
The only hope these businesses had lied in an amendment that went in front of the CPSC for approval.
“There was a possibility of a partial reprieve,” said Adele Meyer, who is the executive director of the National Association of Resale and Thrift shops. “The commission, who is responsible for enforcing the law, first considered exempting clothing and toys made of natural materials such as wool or wood. However, the commission does not have the authority to change the law, but can decide how to interpret it.”
Ed Kang, a spokesperson for the CPSC, clarified the origin of the safety act and says that only manufacturers of clothing and toys are required to have these types of items tested, leaving thrift and consignments shops in the clear.
“The law was never intended to target resale shops and was completely misinterpreted from the beginning,” said Kang. “It only requires that thrift and consignment shops be on the look out for recalled items and be more cautious when it comes to accepting questionable donations.
“Shops that do sell lead items could face civil or criminal charges.”
Yet, that clarification doesn’t do much to halter Berfect-Gillis’ stance on the matter, so she is asking all parishioners to rally together and flood their senators and representatives with calls asking for help.
“This law will affect so many aspects of our community and surrounding areas,” she said. “Something must be done and we need help.”
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