Secondhand shops get a break on federal lead law

The Consumer Product Safety Commission announced today that it would exempt thrift stores and resale shops from a new law designed to eliminate lead from all children's products.

The law, which would have required every children's item for sale to be tested for lead, was to go into effect Feb. 10. On Wednesday, U.S. Rep. Gus M. Bilirakis asked the safety commission to "provide regulatory relief" to second-hand stores since they provide a product that is needed in these difficult economic times.

In its press release, issued late this afternoon, the safety commission said the new law would not require resellers to test the products in their inventories. Instead, the agency would focus on "products of the greatest risk and the largest exposure."

But it urged resellers to stay away from products with lead and to keep a watchful eye on its list of recalled toys, paying special special attention to certain recalled items, such as cribs and play yards, children's jewelry and painted wooden or metal toys.

"Resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit," the press release said. "Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties."

The law requires items meant for children 12 and younger to have certification that they contain less than 600 parts per million of lead. Lead exposure can cause brain and nervous system damage, and behavioral and learning problems, among other things, in children. After August, that amount drops to 300 parts per million in total lead content and 90 parts per million in paint.

The CPSC did not return phone calls for comment Thursday but the press release appeared to exempt the resellers from the law unless they put out items that are on the recall list.

Stella Myers, the owner of Stellie Bellies, a children's consignment store in St. Petersburg, was relieved to hear today's news. 

"I think it's definitely a smart move in our economy and for our environment and for the people who purchase from resale shops," she said, "as well as for the people that own them."

Darwin Eckert, who was planning to shut his consignment shop, Bella's Boutique in St. Petersburg, was elated.

"If I can still sell children's items, I can stay in business," he said. "It was too broad. Their intentions were absolutely good but unfortunately the wording brought it to where they were hurting the resale shops and even yard sales. It didn’t make sense at all." 

For more information about items on the CPSC recall list, go to www.cpsc.gov.

Leonora LaPeter Anton, Times staff writer

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