New Law Creates Confusion, Anger

Sometimes a story comes along that just really gets to you. Maybe it's heartwarming or funny. But in this case, it's really just unbelievable.

If you saw Tuesday night's newscast, you are probably aware of my story on the Consumer Product Safety Commission's new law - known as the Consumer Product Safety Improvement Act - that will go into effect on February 10. The bill will place a restriction on selling items like clothing and toys intended for children 12 years of age and under where lead levels are concerned. In other words, a store cannot sell a piece of clothing or a toy unless it has passed a lead test.

This is very bad news for consignment stores and second hand shops all across the country. It even effects big retail department stores. I spoke with an attorny from Washington, D.C. who has been following this legislation since it was introduced in August of 2008. His name is Michael Gidding, and he says with an agency like the Consumer Product Safety Commission, getting the word out has been very difficult because the agency is small, and the size of the U.S. is huge. According to Gidding, the new law will require all stores everywhere (big department stores and consignment shops alike) to have these items sitting on their shelves right now to prove they have “passed” this lead test.

Of course, for the smaller, locally owned stores, it seems nearly impossible for them to send every piece of clothing item or toy intended for a child 12 years of age or under to get tested. It will be very costly, and will take a lot of time.

Gidding said that home tests, those that you can find at places like Home Depot, are very unreliable. The cost to stores to buy their own testing system could run as much as $25,000. That’s just not possible for small businesses, like the Polka Dot Pony consignment store located on Anderson Mill Road in northwest Austin.

The law extends even beyond small stores and even larger ones like Goodwill (I talked to a public relations representative from Goodwill who said they are investigating the law and its impact on them). The law will even place restrictions on yard or garage sales. Once again, according to Gidding, every single piece of item that is sold must have proof that is has passed a lead test.

Here is the requirement. As of February 10th, each toy and piece of clothing must meet a lead level of 600 parts per million or less. In August, the requirement will become even stricter, as items will have to be at 300 parts per million or less. By 2011, that number must dwindle even more and be at 100 parts per million.

Families I talked with say this law will affect how they buy for their families. One shopper said she depends on the Polka Dot Pony to drop off older items that her children don’t need anymore, and buy new clothes for her three kids. When the law takes effect, she says it will be harder to buy for her family.

Has the Consumer Product Safety Commission gone too far? What proof does the CPSC have that lead levels in clothing and toys for children 12 and under has posed an imminent health threat that they felt this law needed to be enacted?

Making sure stores and people follow the law will be difficult, but if someone is caught selling items that have not passed the test, they will be subject to fines.

Gidding said, “I’ll answer your question with a question. How safe is safe?” He maintains that the topic is subjective.

Right now, the United States Congress views all levels of lead as “dangerous.” But Gidding says that’s simply not the case. He says European nations distinguish differences between lead that is dangerous and lead that has little to no harm on people.

The story will continue over the next month as stores try to figure out what, if anything, they can do. Many shop owners are going through a range of emotions because the news was so sudden, and not much is widely known about the act.

“There has been a tremendous amount of misinformation,” Gidding said.

Several viewers have emailed me about what they can do. Get in touch with your lawmakers. Let them know how you feel. And if you feel outraged enough to make a stand, contact me. I would like to show Austin just how passionate people in this town feel about the new law.