Info Regarding the New CSPCA Government Lead
Testing Standards and the Effect On Resale Stores
Testing Standards and the Effect On Resale Stores
Twinkle Twinkle Little Store
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| 239-262-5904 239-206-8475 4910 Tamiami Trail N Suite 106 Naples, FL 34103 Just 1 block south of Pine Ridge Road, in the Outback Plaza. Retail Store Hours Mon - Sat 10am-5pm Closed Sundays Spring store hours start March 28th |
Resale, Thrift & Charity Stores are Here to Stay
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Hi Everyone, I have had several inquiries about the new lead testing law that will be enacted on February 10, 2009. I am very educated about
the topic (because it affects my livelyhood) and I will be happy to answer any questions you have.
A new law requires all childrens products for ages 12 and under that are manufactured after February 10, 2009 to be tested for lead. The
law IS NOT RETROACTIVE however, and is not required for any products that are manufactured on February 9, 2009 or prior. That means
that thrift, charity, resale and consignment stores can continue to buy and sell as usual. Even big retailers such as ToysRUs, Target,
Walmart, etc., can continue to sell the products they have in their inventory without testing or complete replacement. It is only the newest
products MANUFACTURED after February 10th that will need to be tested, so the biggest impact is taking place in China and other
manufacturing countries.
The U.S. Consumer Product Safety Commission (UPSC) is the government organization in charge of enforcing the new law, and has also
clarified that stores that sell "One of a kind" items are not required to conduct lead tests, and that "Resellers are not required to conduct
lead tests."
You can feel safe that our resale and retail stores will still be here. Big industry and mom-owned stores alike. There will be no mass
closings of thrift, charity, resale or consignment stores, and even in new retailers, they will not have to clear their shelves and restock them
with new, tested products.
The law does significantly hurt one particular industry however, which will be small businesses that manufacture kids clothing and toys,
and will need to have it lead tested prior to sale. For example, if you are a mom that makes kids shirts as a hobby or craft, and sell them
online, in a store, etc., you would be required to conduct expensive lead tests on each of your products prior to being able to sell it. Most
small businesses, hobbiests and crafters do not have such money to conduct testing, and will have to simply stop making kids things.
Previously there were already laws requiring a maximum lead content, however no testing was required. Due to the significant amount of
recalls in the past year, Congress decided to pass testing requirements. We are supportive of this new law because it will help ensure all
future products will be tested for their safety for kids. As always, if an item is found to exceed safety or lead standards, they will be recalled
and we immediately remove recalled items from sale.
Many news articles stating that stores may be forced to close, etc., were written prior to the details of the law being shared by the
government, or are a result of incorrect, uninformed or irresponsible journalism. There would be significantly more media coverage if it
were true whole industries would be shut down by this new law.
If you have any additional questions or concerns, please feel free to email me at cheryl@twinkletwinklelittlestoreofnaples.com, visit our
website, or visit the U.S. Consumer Product Safety Commission (the government organization responsible for monitoring and upholding
this new law) at www.cspc.gov
Thanks!
Cheryl and Brooke,
Owners of Twinkle Twinkle Little Store
--------------------------------------------------------------------------------------------------------------------------
CSPC PRESS RELEASE:
Guidance Intended for Resellers of Children's Products, Thrift and Consignment Stores
WASHINGTON, Jan. 8 /PRNewswire-USNewswire/ -- 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 that 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.
The agency intends to focus its enforcement efforts on products of greatest risk and largest exposure. 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 at www.cpsc.gov for more information.
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
SOURCE U.S. Consumer Product Safety Commission
CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for
certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for
children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added
certification and testing requirements for all products subject to CPSC standards or bans.
Significant to makers of children’s products, the vote by the Commission provides limited relief from the testing and certification
requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm), phthalates limits for certain products
(1000 ppm), and mandatory toy standards, among other things. Manufacturers and importers – large and small – of children’s products will
not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and
other requirements.
The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and
products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.
The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.
The stay does not apply to:
Four requirements for third-party testing and certification of certain children’s products subject to:
The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;
The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;
The ban on small parts effective for products made after February 15, 2009; and
The limits on lead content of metal components of children’s jewelry effective for products made after March 23, 2009.
Certification requirements applicable to ATV’s manufactured after April 13, 2009.
Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with
metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides; and
Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.
The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had
been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on
testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to,
handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety
standards and similar requirements, including the lead and phthalates provisions of the CPSIA.
Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise,
handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.
The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are
not required to test and certify products under the CPSIA. The products they sell, including those in inventory on February 10, 2009, must not
contain more than 600 ppm lead in any accessible part. The Commission is aware that it is difficult to know whether a product meets the
lead standard without testing and has issued guidance for these companies that can be found on our web site.
The Commission trusts that State Attorneys General will respect the Commission's judgment that it is necessary to stay certain testing and
certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.
Please visit the CPSC Web site at www.cpsc.gov/about/cpsia/cpsia.html for more information on all of the efforts being made to
successfully implement the CPSIA.
Statements on this vote by Acting Chairman Nancy Nord and Commissioner Thomas H. Moore are in portable document format (PDF).
To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270,
or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to https://www.cpsc.gov/cpsclist.aspx.
Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.
--------------------------------------------------------------------------------
Hi Everyone, I have had several inquiries about the new lead testing law that will be enacted on February 10, 2009. I am very educated about
the topic (because it affects my livelyhood) and I will be happy to answer any questions you have.
A new law requires all childrens products for ages 12 and under that are manufactured after February 10, 2009 to be tested for lead. The
law IS NOT RETROACTIVE however, and is not required for any products that are manufactured on February 9, 2009 or prior. That means
that thrift, charity, resale and consignment stores can continue to buy and sell as usual. Even big retailers such as ToysRUs, Target,
Walmart, etc., can continue to sell the products they have in their inventory without testing or complete replacement. It is only the newest
products MANUFACTURED after February 10th that will need to be tested, so the biggest impact is taking place in China and other
manufacturing countries.
The U.S. Consumer Product Safety Commission (UPSC) is the government organization in charge of enforcing the new law, and has also
clarified that stores that sell "One of a kind" items are not required to conduct lead tests, and that "Resellers are not required to conduct
lead tests."
You can feel safe that our resale and retail stores will still be here. Big industry and mom-owned stores alike. There will be no mass
closings of thrift, charity, resale or consignment stores, and even in new retailers, they will not have to clear their shelves and restock them
with new, tested products.
The law does significantly hurt one particular industry however, which will be small businesses that manufacture kids clothing and toys,
and will need to have it lead tested prior to sale. For example, if you are a mom that makes kids shirts as a hobby or craft, and sell them
online, in a store, etc., you would be required to conduct expensive lead tests on each of your products prior to being able to sell it. Most
small businesses, hobbiests and crafters do not have such money to conduct testing, and will have to simply stop making kids things.
Previously there were already laws requiring a maximum lead content, however no testing was required. Due to the significant amount of
recalls in the past year, Congress decided to pass testing requirements. We are supportive of this new law because it will help ensure all
future products will be tested for their safety for kids. As always, if an item is found to exceed safety or lead standards, they will be recalled
and we immediately remove recalled items from sale.
Many news articles stating that stores may be forced to close, etc., were written prior to the details of the law being shared by the
government, or are a result of incorrect, uninformed or irresponsible journalism. There would be significantly more media coverage if it
were true whole industries would be shut down by this new law.
If you have any additional questions or concerns, please feel free to email me at cheryl@twinkletwinklelittlestoreofnaples.com, visit our
website, or visit the U.S. Consumer Product Safety Commission (the government organization responsible for monitoring and upholding
this new law) at www.cspc.gov
Thanks!
Cheryl and Brooke,
Owners of Twinkle Twinkle Little Store
--------------------------------------------------------------------------------------------------------------------------
CSPC PRESS RELEASE:
Guidance Intended for Resellers of Children's Products, Thrift and Consignment Stores
WASHINGTON, Jan. 8 /PRNewswire-USNewswire/ -- 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 that 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.
The agency intends to focus its enforcement efforts on products of greatest risk and largest exposure. 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 at www.cpsc.gov for more information.
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
SOURCE U.S. Consumer Product Safety Commission
CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for
certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for
children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added
certification and testing requirements for all products subject to CPSC standards or bans.
Significant to makers of children’s products, the vote by the Commission provides limited relief from the testing and certification
requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm), phthalates limits for certain products
(1000 ppm), and mandatory toy standards, among other things. Manufacturers and importers – large and small – of children’s products will
not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and
other requirements.
The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and
products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.
The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.
The stay does not apply to:
Four requirements for third-party testing and certification of certain children’s products subject to:
The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;
The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;
The ban on small parts effective for products made after February 15, 2009; and
The limits on lead content of metal components of children’s jewelry effective for products made after March 23, 2009.
Certification requirements applicable to ATV’s manufactured after April 13, 2009.
Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with
metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides; and
Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.
The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had
been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on
testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to,
handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety
standards and similar requirements, including the lead and phthalates provisions of the CPSIA.
Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise,
handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.
The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are
not required to test and certify products under the CPSIA. The products they sell, including those in inventory on February 10, 2009, must not
contain more than 600 ppm lead in any accessible part. The Commission is aware that it is difficult to know whether a product meets the
lead standard without testing and has issued guidance for these companies that can be found on our web site.
The Commission trusts that State Attorneys General will respect the Commission's judgment that it is necessary to stay certain testing and
certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.
Please visit the CPSC Web site at www.cpsc.gov/about/cpsia/cpsia.html for more information on all of the efforts being made to
successfully implement the CPSIA.
Statements on this vote by Acting Chairman Nancy Nord and Commissioner Thomas H. Moore are in portable document format (PDF).
To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270,
or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to https://www.cpsc.gov/cpsclist.aspx.
Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.