On February 10, 2009, new federal regulations will go into effect that prohibit the reselling of children's clothing or toys for children 12 and under unless they are tested for lead and a plastic additive called phthalates. You may have seen TV news reports or newspaper articles about these regulations. Testing can cost anywhere from $35,000 - $50,000. The broad scope of the complicated law and it’s interpretation by the Consumer Product Safety Commission ("CPSC") could effectively make it illegal for parents to resell their children’s clothing and gear at a garage sale, on eBay, Craig’s List, or through consignment stores or annual children’s consignment sales. If donated to a nonprofit like Goodwill or Salvation Army, those organizations can’t legally resell it as of February 10th. Hand-me-down clothing for kids ages 12 and under will be illegal to resell. It will be a banned hazardous product. The fines of $100,000, potential jail time and label as a felon for violations are stiff.
On Tuesday, the CPSC tentatively exempted the following: items with lead parts that a child cannot access; clothing, toys and other goods made of natural materials such as cotton, silk, wool and wood; and electronics that are impossible to make without lead. That still leaves clothes made from polyester or other non-cotton materials and toys made from plastic needing to be tested or thrown out. It also means that only clothes without embellishments – zippers, snaps, buttons, tags – qualify.
It appears unlikely that a solution will be found before the law goes into effect on February 10. At best, there may only be a temporary pause on the sale of many items.
NAM cares for the well being of our clients and plan to be in full compliance with any regulations that are set.
Please feel free to contact me or Dale Leatherman at dleatherman@namonline.org should you have any questions.
Carole Little
Thursday, January 8, 2009
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