The Effect of the New Toy Law on Thrift Stores

Thrift and Consignment Stores Allowed to Sell Children's Products

Jan 8, 2009

The CPSC issue a statement clarifying the requirements that the new toy law imposes on thrift and consignment stores.

Clarification from the US Consumer Product Safety Commission should help to relieve many parents' fears regarding the new law regarding the testing of children's products going into effect on February 10, 2009. Although there is still some confusion regarding the specific ramifications of this law, it appears that Thrift stores will continue to be able to sell used children's products without testing them. This means that parents will continue to be allowed to purchase used children's products from thrift and consignment stores, including ebay and craigslist.

Clarification on the New Toy Law

The CPSC issued a statement on January 8, 2009 to help clarify the effect that this new law has upon the many thrift and consignment stores in the United States. According to the statement, "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." [Office of Information and Public Affairs, CSPC Release Number #09-086, January 8, 2009. Accessed on January 8, 2009].

In addition, "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". This would seem to alleviate the many fears of parents across the United States who rely on thrift stores and consignment shops to purchase clothing and toys for their children on a tight budget.

Requirements in the New Toy Law

All children's products, including toys and clothing, must meet specific requirements before being sold to the public. These products must not contain more than 600 parts per million of lead regardless of manufacture date. On August 14, 2009 this limit drops to 300 parts per million. They must also meet the standard of less than 0.1% of "certain specific phthalates" as well as meet all standards.

Both importers and domestic manufacturers of children's products must provide certification that states that their products meet these standards. This applies to both big name manufacturers as well as small business owners such as many stay-at-home-moms. Unfortunately, many of these smaller businesses will be put out of business thanks to the very high cost of the mandatory testing.

This law is intended to provide children with safe products to wear, play with and use. Within this safety law, it has become illegal to sell any product that has been recalled for safety reasons. Any company that is found to have not complied with these new guidelines can be punished with both civil and criminal charges. For more information about this law, please visit the Consumer Product Safety Commission home page.

The copyright of the article The Effect of the New Toy Law on Thrift Stores in Kids Products is owned by Jennifer Wagaman. Permission to republish The Effect of the New Toy Law on Thrift Stores in print or online must be granted by the author in writing.

Jan 16, 2009 4:24 PM

Guest :

THANK GOODNESS the law has been refined. I do work in a THRIFT STORE and many of our products are for children. We sell toys, clothes, books and plates, cups silverware, etc. We do not however sell new or used BABY ITEMS, cribs, playpens, highchairs, stollers, car seats, or booster seats, because of the many, many, many recalls on these items. Car seats have expiration dates on them now, even if they did not I would not trust the life of a child in a used car seat.

Jan 20, 2009 3:34 PM

Guest :

Hi, i still dont get it ! Some places are taking every toy, children's clothes (under the age of 12) off the shelves and are saying they will not be selling or taking these items into their stores anymore. Yet, you are saying it does not affect the thrift stores and their inventory. I went to the CPSC site and read the whole thing, and i must confess i am still confused. What is the bottom line here, are the thrift stores going to be able to sell these items after 2/10/09 or will they all be sent to the already overcrowded landfills ?

Jan 20, 2009 3:43 PM

Jennifer Wagaman :

From what I understand, the stores are not required to test the items, but some are still removing them from the shelves because if they are found to be selling an item that contains lead, they are in violation of the law. Many store owners are still pulling these products because there is no way to know the level of lead without testing.

Jan 20, 2009 4:12 PM

Guest :

No, no, no. Items that were produced prior to Feb. 10th never had to be tested. You simply CAN NOT sell a product that exceeds the limit. If you do, you will be liable for civil ($100,000) and criminal penalties.

Does that sound like exempt to you? It sure doesn't to me. The govt has said, go ahead and guess, but if you guess wrong... well you will pay.

Insanity at its finest.

Jan 29, 2009 4:53 PM

Guest :

what if your check the recall list and see if that item is on the recall list. I sell childrens items on ebay and thats what I do. I check out to see if that item is on the list. If it isnt than I go ahead and list that item..If it is...it gets destroyed.