New law surprises local businesses

New law surprises local businesses

By: Karen Warnick, The Independent
01/28/2009

WHITE MOUNTAINS - There's a new law taking affect on Feb. 10 that many local retailers, as well as those across the country, know nothing about.

The Consumer Product Safety Improvement Act was signed by Congress in August and targets products for children under 12. The law specifies that after Feb. 10, "it shall be unlawful for any person to manufacture for sale, distribute in commerce, or import any children's toy or child care article that contains the phthalates DEHP, DBP, BBP, DINP, DIDP, DNOP in levels higher than .1 percent."
It also mandates that children's products manufactured on or after Feb. 10 cannot be sold if they contain more than 600 parts per million total lead and cannot be sold if they fail to meet new mandatory standards for toys.
Other mandates state that sellers of used children's products are not required to certify that products meet the new lead limits, but those that do sell products in violation of the new limits could face civil and/or criminal penalties, which could include up to a $100,000 fine.
This law is a response to the high-profile recalls involving Chinese-made toys containing lead. New clarifications have been made to the law because of the outcry from industry and retailers One of those clarifications states that foreign manufacturers and private labels of imported products need not issue certificates of compliance. The importer or domestic manufacturer must issue the certificate.
The law requires third-party testing of all products for children under 12 which includes books, educational materials, clothes and other items which children use. The testing requirements mean added charges of up to $4000 per batch.
The law has many supporters and almost everyone agrees that keeping children safe is the important part. But there is much confusion and anger over the speed of the law, the interpretations of the law, the enforcement of the law and exactly what it means to American businesses.
Understanding the law is the first order of business and many smaller companies are concerned that the cost of hiring lawyers and doing the testing and certifying will put them out of business. Over 68 percent of approximately 40,000 apparel manufacturers in the U.S. are small businesses. Many believe they can't afford the costs of testing and could go out of business. Thrift stores, non-profit church charities and makers of hand-made products are also concerned about this law.
A toy store owner in Washington stated that "it affects everything, books, clothing toys, crafts. No one can even figure out what we need to do to be in compliance."
In an interview with ABC News 10 in Sacaramento, Calif., a store owner said, "We've been passing kids clothing down for centuries. Now all of a sudden you can't do it because there might be too much lead in one item out of a thousand?"
Several local retailers and thrift stores were interviewed for this story and none of them knew about this law. Barbara Olear of the Waggin' Tails bargain store in Springerville, which benefits the Silver Creek Regional Humane Society,said, "I didn't know about it. It concerns me. It's going to affect our shoppers, many of whom can't afford to pay full price for kids items. It's going to affect everyone. We're so poor in this county."
Greg and Sheri Gesler, managers of Cowboy Up in Springerville, hadn't heard about the law either.
"What can we do? If we were strictly children's stuff, we'd have to close. This is the most ridiculous thing I've ever heard of. It's hard to keep businesses open in this economy, let alone with all these new regulations," Sheri Gesler said.
Pat Rubacaha of St. Vincent De Paul Thrift Shop in Springerville said, "Oh for heaven's sake. How do you tell if there's lead in things? We're all volunteers here. How are we going to solve this? We need a magic wand to pass over the items."
Debbie Engegretson, owner of Family Thrift store in Lakeside, had not heard of the law either.
"I think it's ridiculous. The burden should fall on countries and companies that make the stuff. The burden of proof should fall on the makers of products, not the retailers. What is this going to do to lawsuits?"
She also brought up another point: "What about all the other 'adult' products that kids are exposed to?"
State representatives were contacted last week about this law. Only John McCain's office responded as of this writing. His office sent an e-mail that said: "I refer you to the Consumer Product Safety Commission for answers to your questions about implementation. Senator McCain certainly understands and shares your concerns about the need to do all we can to protect our nation's children from unsafe products while still making it economically feasible for small businesses, thrift stores, resellers and charities to stay in business. Please be assured that Congress will be monitoring the CPSC and its implementation of the new law."
A Google search of this new law brings up over one million hits. For anyone wishing more information on the law itself, go to www.cpsc.gov.

*Reach the reporter at kaykay85901@yahoo.com