Lead law: Will Tuesday launch a black market in kids' clothes?
Filed under: Family Money, Reduce Reuse Recycle, Shopping
Under the current rules, nothing works. Thrift stores and consignment shops don't have to test for lead; but will still be subject to enormous fines and the potential for prosecution if they sell a contaminated product. Small manufacturers still can't afford the testing requirements for natural products, like cloth diapers and hand-carved toys, no matter if the requirements go into effect Tuesday or a year from Tuesday. Used books can't be sold by libraries to raise money.
To address many of these problems, South Carolina Senator Jim DeMint will be introducing an amendment to the bill which would exempt resellers from all parts of the act, stop the portion of the CPSIA that makes testing requirements retroactive, and allow manufacturers to use the certification obtained by component suppliers (for instance, fabric and snap manufacturers' testing could serve as certification for cloth diaper makers). His amendment would also delay the bill's implementation six months.
Retailers, manufacturers, and consumers who prefer to buy their children's products used are throwing up their arms in distress, and many consumers, such as Cathleen Lawrence, who spoke in this piece on NPR this morning, are suggesting we might just have to begin buying and selling used children's clothing, books and toys in secret underground societies, flying under the CPSC's radar. Will Tuesday launch a black market in thrifted and handmade children's toys, diapers and clothes, bicycles, skateboards, and imported hand-crafted goodies? The next four days are sure to be full of even more wringing-of-hands and uncertainty as we wait to see what the Senate and the CPSC will decide.
Reader Comments (Page 1 of 2)
2-06-2009 @ 8:50PM
shrek5701 said...
They also wont sell any Dirt BIkes or ATV's that are 110cc and lower. I wonder what all those kids parents are going to do.
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2-06-2009 @ 8:46PM
LT said...
Leave it to the politians to screw things up for everyone. The only ones that will be able to sell items will be the Chinese that started all this.
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2-06-2009 @ 9:43PM
Patricia said...
They need to stop having items made in China where all this stuff started. They need to bring the jobs back to America where it can be monitored and be more jobs for Americans.
2-06-2009 @ 8:59PM
Dancerctry said...
In June I will become a mother. During the pregnancy I have done a lot of research into what's safe. I DO feel the government should strongly regulate unsafe things such as led (no matter the country it came from) but this does seem extreme and not well planned. I personally was thinking Quality inspection guidliness that all products, new or old, must meet to be sold. There will be some old items that DON'T have a problem that there will be issues with because of this law. I get it that the law is about safety but it's not a good law. Excluding older items for resale does mean potentially dangerous things could still be sold so an Quality and Safety inspection should be required for all places and all things but this law doesn't make sense.
My personal choice as a mother will be not to give my son old or used clothing or toys (ect...) to be safe. We do need regulation to know what toys are safe and what aren't (like the BPA standards) but the problem with this is lack of regulation. They don't want to regulate but they do acknowledge there needs to be a low. Old products should not be excluded from regulation but the standards do need to be realistic!
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2-06-2009 @ 9:13PM
Liz said...
It's a bunch of bull crap - they are saying that Mom can't even sell their hand-me down clothes and toys to make extra money to buy new ones. Or even donate to Charities! It makes me sick to my stomach! If this government did their job in the first place and didn't let all these companies ship their production overseas we wouldn't even be having this discussion. I'm really starting to not like this place I call home, Mr Obama better do something about this country quick!
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2-06-2009 @ 9:11PM
Amber said...
I run a resale shop, and their are hundreds of families who depend on resale to cloth their children. A law that is supposed to help children, is going to hurt familes! Some people can't afford to go out and buy new clothing. I know my daughter gets all the latest brands at my shop. I certainly won't pay $40 for a pair of jeans for a 10 year old, but I can get the same gently worn jeans at the shop for 1/4 the price. Resale is an awesome way to recycle, and make some extra cash!
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2-06-2009 @ 9:42PM
Deb said...
What planet is Nancy Nord from? She could not be from this one. Mothers and fathers have garage and yard sales to get rid of used stuff that their kids have out grown. With the economy the way it is, people are having a hard time scrimping as best they can do. STUPID IS AS STUPID DOES.
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2-07-2009 @ 10:22AM
Just Me (and my 2 cents) said...
Hmmmm...Think about THIS one: WHAT about the Salvation Army, etc. as this article suggests???? I'm VERY surprised that these organizations and those who SAY they "defend" the lower income populus didn't stop this law from even being THOUGHT about without exceptions like the Salvation Army, garage sales, etc.! So MUCH for Democrats actually "CARING" about those who voted for them!! HA! Hey, you wanted them, you got 'em. Isn't it "interesting" that it's a REPUBLICAN (S.C. Senator Jim Demint) who's actually trying to tweak this law FOR those who want to buy and sell used goods? Not to me...doesn't surprise me ONE bit as Democrats only TALK about wanting to help America while some Republicans are actually ACTING to! ALSO...Senator Demint has THE answer to our recession as WELL!....He's introducting a REAL Bill that WILL increase America's JOBS by MILLIONS "instead of" the joke of a VERY damaging, ill-gotten and fooling "Stimulus Bill" that Obama is pushing on us...the Senate is deciding on this Bill right now, TONIGHT. Do yourselves a favor and CALL your Senators ASAP and tell them you want Senator Jim Demint's Bill INSTEAD of the bogus one!
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2-06-2009 @ 10:21PM
David said...
Can the government get any more stupid???... I mean these people seem competent during the campaign, but once they reach office, I swear they have a lobotomy performed on them and their common sense is sucked out of them and they do not even notice it... America needs to pull its collective head out of its ass and start boycotting foreign made products or products manufactured overseas. The Chinese inasmuch as a people probably don't want to harm anyone, but their employers there AND here could give a rat's ass about what goes into the product other than making it cheap and fast. Hence, the crappy product and the health issues that are later found. This government could very easily shut down every port in America that accepts imports. Retailers would be forced to look inside these borders for their product. Americans can then start producing quality merchandise and new jobs can be created. I swear the politicians that we Americans are forced to put in office need to smell the stuff they are shoveling. Barack Obama needs to reign in these assholes. Nancy Nord should have her fallopian tubes tied so as she cannot breed any more stupidity.
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2-06-2009 @ 10:26PM
H. Norris said...
so after this all i will be able to buy for my kids is the crap they sell at big box stores? for years we have bought beautiful handmade wooden toys made by craftsmen and mom and pop businesses, things worth keeping and passing down instead of the landfill junk that fills the stores now. so now my dad can't build my kids a rocking chair or wooden train? this is ridiculous. i don't want the junk they make in china and now that is all that we will be able to buy. people can't make nice handcrafted toys anymore but we can import junk. there is something wrong with that....needless to say all of the people here in our country that will lose their businesses. i am furious over this...
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2-06-2009 @ 11:15PM
bill chandler said...
Well folks, seems like it's time for a new-age type of tea party!
Let's throw all the Politicians and Lawmaker's into the river and start fresh!
I will be the first in line for the "Black Market" goods!
I take pride in the hand crafted treasures that I make, and know that there are millions more who feel the same way.
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2-06-2009 @ 10:44PM
frank said...
I have been a volunteer at my towns local food pantry/thrift store this law is going to hurt us
the money from the clothing and toys that we sell
is used to purchase the food we give out each month
the cost of the equipment to test for lead is to costly
please write or email your congressman to exclude not for profit thrift stores
https://writerep.house.gov/writerep/welcome.shtml
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2-06-2009 @ 10:50PM
donna said...
What's e-bay going to do? I'm sure most of their stuff contains alot of different chemicals. Hmmm, this should be very interesting.
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2-06-2009 @ 10:58PM
ZAK said...
It appears that our "government" has taken on an entirely different identity from that of normal human beings. I can't help but wonder how so many people managed to survive for so many years without government safety standards. The sheer stupidity and lack of common sense exhibited by our elected leaders is amazing.
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2-06-2009 @ 11:53PM
basketpam said...
I agree with the people who say the woman who is trying to enforce this law on old items should step down. She is using absolutely NO common sense at all. There are still items of clothing floating around out there that are 75 years old, I know, I still have some in my attic. I came from a long line of family that threw away NOTHING. In this terrible economic time it's just what we need is some crazy law that will put thousands more out of business. There are BILLIONS if not TRILLIONS of pieces of clothing floating around on this planet of ours that are potentially used clothing being sold down the road as used clothing. So, a person is not required to test it for lead but if they JUST HAPPEN to sell something with it in they will be fined to the point of being put out of business. What happens to the MILLIONS of homeowners that have garage and yard sales and tag sales every year? Could they possibly lose their homes because they sold Aunt Susie's old jacket? If this is able to go into law as planned we will literally have wolves out there scrounging yard sales trying to find old clothing with potential hazards and then sue the homeowner. I think we can honestly say this is one of the most poorly planned and thought out laws anyone has ever come up with. What was this Nord drinking that day she agreed to this one?
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2-07-2009 @ 12:04AM
Taboo500 said...
idiots are controlling the country......
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2-08-2009 @ 4:34AM
gunnarsmom said...
People better wake up and smell the coffee....our government is not out to help us but to control everything in our lives. Can you say Communism?
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2-07-2009 @ 12:37AM
Will Savanna said...
The lawyers will just love this.
Parents might consider watching their children so they don't eat their toys.
Just think of much of what you now have will become useless and will now end up in a land fill. Wait, you won't be able to throw it away due to the fact that it has lead so you will just have to store it in your attic, garage or basement and buy new safe stuff that will keep the consumption "Merry Go Round" spinning; Kind of like the TV's we will have to buy or get cable or the dish.
Your government at work.
We need to elect some people who actually work for a living and vote these "out of touch hacks" out of office before they make it impossible to live in this great country we all share.
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2-07-2009 @ 2:24AM
imani said...
I blame the govt for allowing so many US companies to ship manufacturing overseas where safety regulations seem to convienetly get overlooked.No one can blame any one political party is to blame!They are all responsible in one way or another. we allow US businesses to make larger proifs by oversees manufacturing/processing and dont ensure they are not cutting corners.Testing cost money that would affect profit margins and God forbid the govt should focus on saftey first and profit second when the goods are being distributed 2 ur families! NOW after YEARS of negligent standards, we are going 2 just YANK the rug from under millions who NEED resellable old goods.Yes, i get it, they could have lead in them, but some cant afford 2 get the PROPERLY tested lead free goods. It fulfills a need & though I dont want anyone 2 get sick/die bc they r using lead infused goods, whats the right answer? Prob not this one but the INTENT is good, the EXECUTION sucks big time. The govt cant hurt the very ppl for whom these Sal Army and 2nd hand stores were created!So what do we do now? BURN all the old goods? even then ones that might NOT be lead harmful? How do we tell the difference? Its a waste of resources!We are returning to the days of bootleg/prohibition! We will be forced 2 sneak and sell old goods underground bc of this new law?Ppl can do it but understand the risks they r taking and not later turn arnd and sue if someone gets sick. U have 2 take the risks if u cant afford new goods.I've got great clothes that are almost 10 yrs old, should I thow them away NOW? If I they are toxic levels of lead in them, Im aleady exposed big time! Kinda like closing the barn door AFTER the horses have gotten out? That makes sense!
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2-07-2009 @ 1:49AM
AliciaMae said...
You're just NOW writing about this? Why hasn't more mainstream media picked this up? The save handmade movement has been on this ever since it was passed.
This law will make it impossible for handmade goods to stay on the market. The only people benefiting from the CPSIA are the big corporations with money to test and a large enough stock to spread out the cost increase to consumers. And most of them are the offenders importing that resulted in the lead scare to begin with!
No more one of a kind items or handmade blankets and clothes. Those classic wood toys hewn by the old guy up north - gone. No more vintage hand-me-downs. No more granny's handsewn clothes.
Come on media. Pick up on these things sooner than 4 days before they take effect!
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