New Law Poses Challenges for NAM

February was a time of change for NAM, as you may have noticed if you’ve visited any of our three resale shops recently. As a community organization, we pride ourselves on striving to serve the basic human needs of our neighbors at all stages of life, from infants to seniors. However, new regulations for the sale and distribution of children’s items have presented us with a challenge in meeting some of the needs of children in our community.

On Feb 10, 2009, new requirements of the Consumer Product Safety Improvement Act took effect, prohibiting the selling or reselling of clothes and toys for children 12 and under if they contain more than a specified percentage of lead or a plastic additive called phthalates.

There has been much confusion surrounding the new law and its application to resale stores, but the Consumer Product Safety Commission (CPSC) has clearly stated that although resellers are exempt from testing and certifying children’s merchandise, they will still be held liable for any merchandise they sell that contains the contaminants.

We do our best to ensure that NAM is in compliance with all federal and state regulations, and so we have chosen to discontinue the sale and distribution of merchandise for children 12 and under in our resale shops as well as our programs.

We know NAM and our supporters care about the safety of our children. In fact, many of our programs work to ensure the security, health and well-being of children on a daily basis.

Unfortunately, although this law was passed with good intentions, it seems like it has been interpreted quite broadly. Some services that NAM once provided for families and children will no longer be available. Not only are we no longer able to provide low-cost children’s clothing, books, toys and furniture at our resale shops, we also are unable to give some of these items to children through our programs. Many families in dire need have counted on NAM’s assistance in providing free items, such as clothing and baby furniture, for their children. For years, NAM has been able to offer these essentials thanks to support from neighbors helping neighbors.

In recent years, up to 10% of NAM’s resale shop revenue has come from the sale of children’s merchandise. Last year, this translated into approximately $170,000. Revenue from the stores goes toward helping community members in need through our multiple social services programs.

Although many resale shops like NAM’s throughout the country are hoping for a reprieve on these strict regulations, it seems unlikely that any clear changes will be made in the near future.

We intend to keep you informed of any changes that arise in the law, but for now, we are considering creative and efficient ways to continue to serve our youngest neighbors in need.
We are now emphasizing the need for more furniture donations to our resale shops to replace the lost revenue from children’s merchandise. In terms of program necessities, our future focus may be on the donation of gift cards, rather than merchandise, to fulfill the needs of our clients.

These new regulations have presented a considerable challenge to NAM, but with the continued support of our donors, volunteers and community supporters, it is a challenge that we will face with the type of determination that has made NAM so effective as a community resource for more than 26 years.

If you are concerned about the impact of the new federal regulations, please contact your legislators or visit www.congress.org.

For further information or updates, please check the Consumer Safety Product Commission's Web site at www.cpsc.gov.

Thank you for your continued support,

Carole Little