A new law requiring that children’s clothing, toys and books are free of lead and other toxins will not affect thrift stores, but it will apply to new products, including handcrafted items, the Consumer Product Safety Commission said Thursday.
The commission clarified the law, assuring re-sellers that they would not have to test their current or future supply of children’s clothes and other items for lead when the law takes effect Feb. 10.
However, Maine knitters and crafters will have to certify that their products meet strict new limits on lead and phthalates, which are chemicals used in plastics.
For Heidi MacIsaac’s business, that’s a death knell.
She will close Blessed Baby Boutique in Farmington at the end of January. With walls of decorated onesies, baby slings and homemade diapers and toys, most of the items in MacIsaac’s store are products for mothers and babies. Most are handmade, crafted by more than 20 mothers, artisans and crafters around the state.
Under the new law, the Consumer Product Safety Improvement Act, MacIsaac cannot sell her inventory without first testing it or replacing it with vendor-certified products already tested for lead and phthalates. It’s an expense that neither she nor the other “mom-ufacturers” can afford, she said Thursday.
In response to the toy scares and recalls of last year, the Consumer Product Safety Improvement Act was signed into law last August by President George W. Bush.
Anything manufactured for use by children under 12 must be third-party tested for lead and/or phthalates.
However, in response to complaints from merchants, the commission voted Tuesday to exempt items that children cannot reach, items made of natural materials such as cotton and wood, and electronics – such as iPod ear pieces – that are impossible to make without lead.
Ipod ear pieces, portable DVDs and other electronic devices can test higher for lead because of welding techniques, said Curtis Picard, executive director of the Maine Merchants Association.
He said the new restrictions have caught merchants unaware. He has traveled around the state trying to help toy stores and consignment shops prepare for it.
The state’s congressional delegation has also been working with the Consumer Product Safety Commission to bring a more commonsense approach to the bill, he said.
“The law is well-intended but has many serious, unintentional consequences,” Picard said. His phone had been ringing constantly this week as store owners across the state learned of the law.`
Merchants are mostly concerned about the restrictions on lead levels, he said. Unless an item is tested and shown to contain no more than 600 parts per million, it cannot be sold.
Thrift stores such as Goodwill and the Salvation Army were worried as well. They feared they’d have to test their current inventory and any future donations, and they couldn’t afford that.
“We’re all trying to scurry about, finding answers,” said Maj. Dennis Gensler, who helps oversee the Salvation Army’s 300 stores in New England.
Some of those answers came late Thursday in a clarification from the product safety commission. It said re-sellers would not have to certify children’s products to meet the new lead limit. They could sell items without testing them.
The only caveat: Re-sellers don’t have to test their merchandise, but they still aren’t allowed to sell items with high amounts of lead. So the commission urged them to avoid items likely to have a lot of lead.
After learning about the law Thursday, Joanne Grignon, retail manager for the Skills Thrift Stores, including the Farmington Thrift Store, was unsure how the law would affect those stores.
“It’s going to take a lot more investigating … there’s so much confusion. It could have quite an impact on us,” she said. “The toy part would be pretty clear but the resale of clothing is where the water’s muddy.”
Although changes are being made to the law almost daily, MacIsaac said, it’s too late for her store with its handmade clothes and toys.
“It’s hopeful that changes can allow others to continue, but I can’t afford to wait for the amendments,” she said. She’s calling her vendors and giving them the opportunity to pick up their items or let her try to sell them before the end of the month. She will continue to make some items from home, she said.
Other vendors have told MacIsaac that they are quitting their home businesses at a time when jobs are scarce.
“Moms who want to stay home and take care of their children are being put under,” MacIsaac said, naming women from Industry, Strong and Mexico who provide her with products.
“The law is vague and confusing but as written could apply to those who sell items at craft fairs or the grandmother sitting at home knitting hats and mittens to give away,” she said.
Staff Writer Lindsay Tice contributed to this story.
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