Did you notice this story in the LA Times? The subheading reads: “Some owners say the cost of testing for toxic lead and phthalates will shut their businesses. The law goes into effect Feb. 10.”
It could have dramatic effects on your business if you have a consignment shop reselling children’s products, sell such products on ebay, or, in theory, even hold a yard sale to make some quick cash from “hand me downs”.
Why? All products sold for those age 12 and younger — including clothing — are required to be tested for lead and phthalates, which are chemicals used to make plastics more pliable. Those that haven’t been tested will be considered hazardous, regardless of whether they actually contain lead.
The National Association of Resale and Thrift Shops is in an uproar because unless there is a lifting of this regulation, any store or any body selling untested merchandise to children under 12 could be a federal criminal.
The culprit is the innocent sounding Consumer Product Safety Improvement Act.
Like many laws, it was written in haste and signed in to law by legislators who never bother reading what they actually voted for. Unfortunately – such idiocy will directly hammer small and home business people selling children’s items online.
Though this stealth “law” was passed last summer in a fit of bipartisan idiocy it is only now coming to light.
It’s designed, of course, to keep new products from entering the market with lead contamination… a good idea.
However it creates an unconstitutional “retroactive law” that will affect clothing and products already in the marketplace, most of which likely are safe.
Not only will this legislation crush many small entrepreneurs already facing a recession, it will raise the price of clothing for the poor and the thrifty who seek bargains through resale outlets. Though passed to “protect the children” (aren’t they all?) it will have the effect of lessening the options of poor children to have adequate clothing.
Will this law destroy your business?
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