I copied the press release so that ya'll could see the updates:

January 8, 2009
Release #09-086

CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

CPSC Clarifies Requirements of New Children’s Product Safety Laws Taking Effect in February
Guidance Intended for Resellers of Children’s Products, Thrift and Consignment Stores

WASHINGTON, D.C. - In February 2009, new requirements of the Consumer Product Safety Improvement Act (CPSIA) take effect. Manufacturers, importers and retailers are expected to comply with the new Congressionally-mandated laws. Beginning February 10, 2009, children’s products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain children’s products manufactured on or after February 10, 2009 cannot be sold if they contain more than 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.

Under the new law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.

The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.

The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, 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. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC Web site ( for information on recalled products before taking into inventory or selling a product. The selling of recalled products also could carry civil and/or criminal penalties.

While CPSC expects every company to comply fully with the new laws resellers should pay special attention to certain product categories. Among these are recalled children’s products, particularly cribs and play yards; children’s products that may contain lead, such as children’s jewelry and painted wooden or metal toys; flimsily made toys that are easily breakable into small parts; toys that lack the required age warnings; and dolls and stuffed toys that have buttons, eyes, noses or other small parts that are not securely fastened and could present a choking hazard for young children.

The agency has underway a number of rulemaking proposals intended to provide guidance on the new lead limit requirements. Please visit the CPSC website at for more information.


Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at To join a CPSC email subscription list, please go to Consumers can obtain this release and recall information at CPSC's Web site at


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Jan. 6, 2009 at 2:22 PM

Okay, ya'll ............ someone must have an opinion?  A suggestion?  A story on how this will affect them or a friend?

This is HUGE!!!!  No more craigslist, ebay, yard saling if they want to get strict .... Good Will, America's Thrift Store, Salvation Army, etc for our kids ... just brand new stuff that will have DOUBLED in price because of testing costs!!!!

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Jan. 6, 2009 at 2:22 PM


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Jan. 6, 2009 at 2:26 PM

I know I buy a good 90% of my son cloths and toys from our local second hand store called Kid-to-Kid. I really don't know how on earth I will be able to afford to buy new clothing, even walmarts cloths add up fast!!!

this is just sad...we really all need to do something and fast!!!

UT moms write to; Jim Matheson

 Washington D.C. Office...   410 Cannon House office Building washington, DC 20515

or District offices...   240 East Morris Ave #235 Salt Lake City UT 84115  

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Jan. 6, 2009 at 2:35 PM

I just read that whole thing and nowhere in there did I see where there they say that second hand or thrift stores cannot sell their wares. In our state when you take your stuff to be sold in a trift or second hand store they look through a data base of recalls to make sure that they are not trying to sell a recalled product andthey are not allowed to sell a car seat that is within 18 month of expiration but other than that there are no other restrictions on these types of stores... just like yard sales it is buyer be aware.

I think there was and still is a great need for more testing on products for children. I don't think that the $ that it will cost will put anybody out of business. They will pass it onto consumers and isn't it worth it to make sure that the items that we are handing over to our children are tested to be 100% safe for them to have? From what I was understanding when I was reading it the stronger restrictions were on imported items more than the ones that are here because there are already stronger compliences put into place here in the U.S.

To the best of my knowledge this will have no effect on the private person selling used in the world would they police this...are they going to be camped on my doorstep when I have a yard sale?  ummm NOPE!!  Don't you think that IF this was to effect ebay, craigslist and others that it would be front page news??? Ebay would be put out of business...and that isn't going to happen....however the peeps with storefronts and selling items straight from the manufacturer might have to make some changes but other than that Used items are just that used and fall into another whole catagory and will not be affected by these new rules and regulations.

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Jan. 6, 2009 at 2:41 PM

Here is a clip from a newspaper article ... these lawyers will explain if you actually want to call.

CPSIA is the most far-reaching consumer protection law enacted in decades. By expanding both federal and state government enforcement power, imposing new restrictions on manufacturers, importers, distributors, and retailers, and increasing penalties, CPSIA has created a long list of new obligations and risks for any business involved in the sale of consumer products.

Godfrey & Kahn will continue to closely monitor the CPSC and its newly ambitious agenda in the weeks and months to come. If you have questions or concerns about how this new law will affect your business, call Josh Johanningmeier at (608) 284-2637 or Adam Briggs at (608) 284-2214.



What are the effects of this?

Used children’s clothing stores, like Kid to Kid, are basically going to be forced out of business. With no way to easily distinguish between “safe” and “unsafe” clothes without testing every item that comes in for lead and phthalates (which is fairly expensive), these stores can’t stay in business. Either their business model will have to change or they’re done.

Children’s clothing at secondhand shops will vanish. They simply won’t carry such products because of the liability risk, so they won’t carry such clothes for at least a few years.

Landfills are going to fill up. The inventories at these stores will no longer be able to be sold (though they may be able to be given away). Thus, these stores are going to have to either toss their inventory or simply give it away to charities.

The big question here is are these effects worth the benefit of eliminating children’s clothes that have some chance of being tainted with lead or phthalates? This is a question that could be debated for years.

Obviously, from the singular perspective of children’s health, it’s far better to have all of their items lead and phthalate free. Even if the chance for exposure from an individual item is slight, having that chance reduced is better for the health of children. It’s worth noting that most articles of clothing that children wear are made largely out of cotton or other natural materials and are not treated with anything. Areas of concern for lead and phthalates would be clothes that were treated to be flame-retardant, clothes made out of artificial fibers, and potentially clothes that have plastic printing on them.

On the flip side of that coin is the fact that this will increase the cost of children’s clothing. Without any changes to the law, used clothing stores will no longer sell low-cost slightly used children’s clothes, a resource that many frugal and low-income families take advantage of.

Are there any useful potential compromises? One simple thing that could be done is to simply exclude used products from this law. This would require Congressional action, but would allow Goodwill (and other such secondhand stores) to continue selling low-cost children’s clothes - the availability of which is very important to families with low incomes. Similarly, the law could be amended to apply only to items made after February 10. In both cases, though, Congress would have to act on the matter, so if you feel this is important, contact your congressperson and ask that they amend the Consumer Product Safety Improvement Act in a satisfactory fashion.

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Jan. 6, 2009 at 2:42 PM

thank you for the journal post, I too am worried about the effect this will have on stores and 2nd hand shops. I buy alot from yard sales, Kid to Kid and goodwill. It doesnt make much sense to have everything testes twice yet once again our Beautiful its finest!

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Jan. 6, 2009 at 2:43 PM

Story from LA TIMES

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Jan. 6, 2009 at 2:53 PM

Thank you for this post.  I buy almost 100% used clothes for my kids.  The chemicals they are looking for are not used to treat most kids clothes!  Maybe a button or some paint, that would be the only chance of contact.

Thrift shops in our area are mostly non-profit.  They don't have the funds to test every piece of children's clothing that passes through their doors.  Many of them GIVE away huge amounts of clothes to homeless shelters, women's shelters, and to families on the reservation. The impact on our poor will be huge.  I

have a friend who has owned a Maternity/Baby/Children's resale shop for 20 years now.  Their profit margin in thin, this will put him out of business.

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Jan. 6, 2009 at 3:18 PM

Ok again I read the LAW and this is what I found.....I am not sure where you got the info about the resale stores....I called a couple here and they understand from their lawyers that they are uneffected by this new statue of the law....however it could be affecting some stores in other states that don't have a provision already inplace through their this might not be an all over thing. I am quite sure though that they will pass a revision on places such as Goodwill, Salvation Army and other not for profit agency who resale items.....they just might have to comply to so other standards such as the crib provision.


(c) CRIBS.-

(1) IN GENERAL.-It shall be a violation of section 19(a)(1)

of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1))

for any person to which this subsection applies to manufacture,

sell, contract to sell or resell, lease, sublet, offer, provide for

use, or otherwise place in the stream of commerce a crib that

is not in compliance with a standard promulgated under subsection



applies to any person that-

(A) manufactures, distributes in commerce, or contracts

to sell cribs;

(B) based on the person's occupation, holds itself out

as having knowledge or skill peculiar to cribs, including

child care facilities and family child care homes;

(C) is in the business of contracting to sell or resell,

lease, sublet, or otherwise place cribs in the stream of

commerce; or

(D) owns or operates a place of public accommodation

affecting commerce (as defined in section 4 of the Federal

Fire Prevention and Control Act of 1974 (15 U.S.C. 2203)

applied without regard to the phrase ‘‘not owned by the

Federal Government'').

(3) CRIB DEFINED.-In this subsection, the term ‘‘crib''


(A) new and used cribs;

(B) full-sized or nonfull-sized cribs; and

(C) portable cribs and crib-pens.



‘‘(ii) The term ‘retailer' has the meaning given

that term in section 3 of the Consumer Product Safety

Act (15 U.S.C. 2052), but does not include an individual

whose selling activity is intermittent and does not

constitute a trade or business.

I take this to mean that Ebay and Craigs list as well as yard sales and mom2mom sales do not fall under this new ruling.


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Jan. 6, 2009 at 3:22 PM

Well here (Alabama), California, and Utah ..... as well as some others ... I know that it is a source of MAJOR concern.  I have also read some of the civil fines that they are allowed to levy ... 10k-100k.

I did not post this journal to fight with people, but to get the info out there for the moms who are interested!!!!

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