While we are all aware that HR4040 - the Consumer Product Safety Improvement Act - will affect the large group of designers who sell handmade baby clothes, this legislative bill also affects another group that sells used baby clothes: consignment stores and thrift shops.
The bill issues a ban on lead in children's products; this includes toys and clothing. Baby clothes are affected due to the smaller parts such as zippers, snaps, buttons, etc. When the Consumer Product Safety Commission (CPSC) drafted this bill, the language was written to include any product manufactured before the effective date of February 10, 2009.
How Does This Affect Me?
As written, this means that all children and baby products, regardless of type, that are sitting in existing inventory will need to be tested. Originally, this included all inventory sitting on the shelves of your local baby clothes consignment store or your area thrift shop.
Sell At Your Own Risk
However, due to a recent clarification by the Consumer Product Safety Commission, consignment stores and thrift shops were granted a little bit of breathing room.
According to the language issued by the CPSC, "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. Basically, sell used baby clothes at your own risk.
What's Happening Right Now
HR4040 has received much attention due to how it will impact the toy industry; unfortunately, it's repercussions are much larger and widespread. However, when you think of lead in children's and baby products, you often don't think about the clothes your baby wears.
The activist site, National Bankruptcy Day, has picked up this story and is working tirelessly to collect comments regarding quotes for the cost of testing, and stories of how it will affect you. If you view their site, the numbers are absolutely astounding.
The implications of this law extend even further though. Think of common products your older children might use; for example, as the National Bankruptcy Day site points out, telescopes. Do you have a stargazer? That product will soon be considered contraband. This law applies to anything a child under the age of 12 uses or touches.
If this law moves forward without being amended, an unknown number of businesses will be forced to close their doors; if you look at it this way, it also affects the economy, and the timing couldn't be worse.
On an even larger scale, it could have an adverse effect on the environment as well. As used baby and children's clothing stores are forced to turn away used baby clothes, those textiles could end up in landfills.
While no one can disagree with the need to protect our children from unsafe chemicals and substances, I firmly believe that when this law was drafted, it was merely an oversight on the part of Congress when they did not specifically exempt small designers. With just a few sentences, they could provide additional time to the resellers of used baby clothes in order for them to provide proof of safety for the items they carry.
Getting Involved
What can you do? Google "HR4040 Petitions" and sign one or sign several. Talk to your friends that purchase used baby clothes. Ask your favorite thrift shop if they need customer support to sign any petition or appeal they may be drafting. Use your voice; get involved.
