Update On The Used Clothing Ban

by Katy on January 8, 2009 · 12 comments



Trent over at thesimpledollar.com has presented the same information that I have. Sellers of used toys and clothing will continue to be allowed to sell, but that they will be held responsible if they sell lead or phathalate affected items.

If anyone has written information to the contrary, please send it to me.


Consignment Shop


I wrote a few days back about the impending required testing for lead and phthalates on children’s clothing and toys, both new and used.

There has been a change on this law. This requited testing will be for new toys and clothing only.  (An embarrassingly huge relief for me!)

Thank you Charlotte for sending me the link that explains the changes. I have included the information below.

Katy Wolk-Stanley

“Use it up, wear it out, make it do or do without.”

CPSC Clarifies Requirements of New Children’s Product Safety Laws Taking Effect in February. Guidance Intended for Resellers of Children’s Products, Thrift and Consignment Stores

WASHINGTON, D.C. – In February 2009, new requirements of the Consumer Product Safety Improvement Act (CPSIA) take effect. Manufacturers, importers and retailers are expected to comply with the new Congressionally-mandated laws. Beginning February 10, 2009, children’s products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain children’s products manufactured on or after February 10, 2009 cannot be sold if they contain more than 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.

Under the new law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.

The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. 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.

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. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC Web site (www.cpsc.gov) for information on recalled products before taking into inventory or selling a product. The selling of recalled products also could carry civil and/or criminal penalties.

While CPSC expects every company to comply fully with the new laws resellers should pay special attention to certain product categories. Among these are recalled children’s products, particularly cribs and play yards; children’s products that may contain lead, such as children’s jewelry and painted wooden or metal toys; flimsily made toys that are easily breakable into small parts; toys that lack the required age warnings; and dolls and stuffed toys that have buttons, eyes, noses or other small parts that are not securely fastened and could present a choking hazard for young children.

The agency has underway a number of rulemaking proposals intended to provide guidance on the new lead limit requirements. Please visit the CPSC website atwww.cpsc.gov for more information.

{ 12 comments… read them below or add one }

sissiesue January 8, 2009 at 6:20 pm

This law would still adversely affect hand-made toys, right? So, we still need to write to our congress people and state reps in support of those folks.

It is a relief, though, that second-hand shops won’t be affected.


thenonconsumeradvocate January 9, 2009 at 12:19 am

I’m actually in favor of having all toys tested for lead. (I wrote earlier about how my younger son had lead poisoning when he was a preschooler.)

We were never able to determine the source of the lead. My guess would be that it was from a toy. If it had been environmental, then both my children would have been affected.

I am in favor of making it easier and less expensive for manufacturers to do the required tests. But I do feel it is important.

Katy Wolk-Stanley
The Non-Consumer Advocate


Kristen@The Frugal Girl January 9, 2009 at 5:51 am

I read about this yesterday, and I am SO relieved!


Lindsie January 9, 2009 at 8:30 am

You shouldn’t be embarrassed!! It’s a huge relief for me too. The only clothes my daughter has ever received new were as gifts from relatives. Everything I get her is from thrift stores, yard sales or hand me downs. Baby #2 is on the way as well so this had me extra worried!


Amy January 9, 2009 at 10:36 am

This is wonderful news!! Thanks for the update Kati.


Marj January 9, 2009 at 11:09 am

This is a huge blessing. Thank you for posting this Katy.


Deb January 9, 2009 at 1:50 pm

The CPSC’s press release is basically an attempt to imply that shop owners become bootleggers. It is not a ruling, it is NOT a change in law. No different really from Prohibition. Liquor was illegal, government mostly looked the other way ignoring the speak easy’s, but the cops
could still arrest you and throw you in jail if the anti-liquor crowd made a stink to local law enforcement. Prohibition was repealed as we know – it took a little while.

Don’t you find it curious that not one of our state or federal officials have gone on TV in person to address the issue?

Please consider visiting the savekidsresale.com and sign the petition and send e-mail to congress.


Cynthia Broockman January 9, 2009 at 3:02 pm

THIS IS SO NOT TRUE! Please stop spreading this.
Nothing has changed. The press release by CPSC yesterday was spin to try and stop all the phone calls and letters they have been deluged with. Congress wants the issue to go away so they don’t have to address the consequences of their poorly crafted law. This press release was pure pandering and an insult to the intelligence of the American people.

The press release translates to: Shop Owners Should Bootleg Kid’s Clothes!

Please see http://www.savekidsresale Breaking News for more information.

We would appreciate you continuing to help spread the call for action – and advise people to forget this pathetic attempt at government spin.



Kristen@The Frugal Girl January 9, 2009 at 4:12 pm

Update…I went to Goodwill today, and much to my children’s dismay, all the toys, sports equipment and stuffed animals were gone. 🙁 The employee there said that it was a decision from the higher-ups at Goodwill, and that there would be no more toys until there was a way to screen for lead. We’re all so sad. My kids LOVED to go browse through the toys at Goodwill.

At least we got our rollerblades before this happened. Honestly, how stupid is it that they won’t sell rollerblades?


Jessica Wolk-Stanley January 9, 2009 at 11:40 pm


This is slightly off-topic, but this link is to an article from the Denver Post about the thrift stores and how they manage donations.


JOSIE BORGWARDT January 12, 2009 at 2:22 pm

I just recv’d an email from CPSIA and they stated that the ban has not been lifted. I hope I’m wrong


Cynthia Broockman January 12, 2009 at 6:16 pm

The law was NOT changed, amended – our industry was NOT made exempt from anything. The original portion of the law for ANY product produced BEFORE February 10th ITSELF was originally written very vaguely and they used that to stop the phones from ringing and their email from overloading both at the CPSC and Congress IMHO.

Please read todays Press Releases from the National Association of Resale & Thrift Shops for the TRUTH.

There is also a new push announced today, but NOT from N.A.R.T.S., to file a class action lawsuit over this law. Read about it here: http://reformcpsia.org


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