Wednesday, Jan. 07, 2009

New lead-testing rules concern businesses

By Pratik Joshi, Herald staff writer

Retailers and thrift stores in the Tri-Cities and nationwide may face piles of unsalable toys and other children's products when new federal rules kick in next month.

Beginning Feb. 10, all new and used products, including clothing, jewelry, toys, backpacks and lunch boxes for children 12 and under will need to be tested for lead and phthalates -- chemical compounds that make plastics flexible.

All products will be considered hazardous unless testing proves they're safe and will not be allowed to be sold, under new rules in the Consumer Product Safety Improvement Act.

The changes could prompt small manufacturers and retail businesses to close, said Alissa Wolbach, owner of Ellabella Ltd., a specialty store in Kennewick for kids furniture, toys, clothing, strollers and car seats for babies.

That would mean job losses and hardships during already troubled times, said Wolbach, who first heard about the regulation at a trade show last year. The intention -- to promote safety -- is laudable, but it's a bit of overkill, she said.

She wonders how thousands of different products sold by retailers can be tested. She would prefer to dump products that don't meet the new guidelines rather than have them tested.

Testing will be a huge expense at a time when few businesses can afford it, said Tiffani Perkins, owner of New 2 U Kids in Richland. Consignment stores will be hit hard, she said, adding she needs to learn more about the law.

The tougher toy safety standards take effect Feb. 14 as part of a comprehensive reform package, said Scott Wolfson, spokesman for the U.S. Consumer Product Safety Commission.

The act was passed last August in response to numerous recalls of products that posed a threat to children, especially toys with lead-based paint, he said.

Concern for consumer safety is good, but new regulations can pose a challenge for businesses, said Steve Crowder, manager at Richland's New Beginnings Thrift Store. About 25 percent to 33 percent of his store's inventory includes clothes for kids under 12. And he would rather not stock any questionable items. "Testing is not an option," he said.

The new law already has hit several manufacturers, said Steve Lamar, executive vice president of the American Apparel and Footwear Association. Many of its members have complained that retailers have refused product shipments because of the new law, he said.

It will end up keeping a lot of safe merchandise off store shelves, Lamar said.

The national trade group is seeking support to exempt products manufactured before Feb. 10 from the new standards, he said.

The law should focus on testing components used in a product, instead of on finished goods, Lamar said. "Safe components will make for a safe product."

The law requires manufacturers to get a certificate stating their products comply with new standards, said the CPSC's Wolfson. It will affect big and small businesses equally, including online retailers, he said.

Wolfson said the commission and trade groups are in talks to find ways to exempt products that don't pose a risk to children.

At Penny Pinchers, a thrift store in West Richland, a sign tells consumers the store has no information about the origin and safety standards of toys it sells, said store owner Sue Stone. She didn't know about the pending changes, but she said she would check the cost of testing.

Pasco's St. Vincent De Paul Store has stopped accepting donated toys and is trying to sell the toys in stock because of the February deadline, said store manager Cynthia Martinez. Kids garments account for about 10 percent of the store inventory, she said. The store can't afford to get items tested, she said.

The new rules will make it harder for poor people to buy clothes for their kids, Martinez added.

Though manufacturers are supposed to pay for testing, consumers will end up paying for the new safeguards, said Wolbach and Crowder, who added they'll affect a lot of charitable stores.

Goodwill Industries of the Columbia, which operates several thrift stores in the Tri-Cities, has adopted a "wait and see" attitude, said Scott Shinsato, associate executive director. "I understand the need for safety, for protecting children."

Goodwill's national leaders are seeking clarification from the CPSC about the law. If sellers must pay testing costs, it may have a significant impact on thrift and retail business, Shinsato said, but, "We'll comply with legislation as it stands."