By Rebecca Wicks
Ventura Breeze
Jan. 28, 2008

Questions still circle around a new law going into effect next month regarding new safety regulations for children’s products.

Earlier this month, Lauri Weiner thought she might have to close the doors to Blooms, her small boutique on Main St. which sells select new and used children’s clothing, toys and furniture because of the impending Consumer Product Safety Improvement Act. The Act was approved by Congress in an effort to keep lead-filled products away from children. Approved in 2008, the law makes it illegal to sell items containing high levels of lead and some chemicals. Manufacturers and importers have to certify that all children’s items meet the new standards.

Linked to an array of health and developmental issues in children such as learning disabilities and reproductive and hormonal problems, toxic chemicals such as lead in toys have in recent years become a major issue for the industry.

While these new rules will present a financial burden for a number of companies, smaller manufactures and stores who sell used items were immediately concerned with their inability to afford such testing.

Last week, the Consumer Product Safety Commission sought to clarify the law, saying that consignment and thrift shop owners “are not required to certify” their products.

While this seemingly clears stores that sell used items, some questions still remain.

Although the commission ruled that resellers do not need to test products for lead and other chemicals, they did mandate that these stores “cannot sell children’s products that exceed the lead limit.” Since many items found in consignment and thrift shops have never been tested, business owners are left to operate at their own risk.

“The children’s resale industry needs a definitive ruling that guarantees they can operate in compliance without risk of violations,” said Adele Meyer, executive director for National Association of Resale and Thrift Shops.

Small Businesses and Manufactures Not in the Clear
With questions still surrounding resale shops ability to sell items legally and without liability, issues for small manufacturers are equally serious.

Like many children’s boutiques Blooms also sells a number of new items like shoes and legwarmers from smaller companies such as Rileyroos, Robeez and Babylegs, who may or not be able to afford lead and other toxic chemical testing.

“We are just so thankful we’re not going to be out of business,” said Weiner. “We’re just taking it one step at a time, we haven’t called our vendors yet.”

Megan Brawner who makes handmade children’s headbands and clothing out of her Ventura home is one of those small businesses that would be directly affected by the new mandate.

“My headbands are my best selling items,” said Brawner who sells her items under the store name ViaPaddington on Etsy.com a popular site for handmade items. “This regulation would force me to give my shop a new focus because I certainly can’t afford lead testing.”

Brawner is currently rushing to finish some new children’s wear items before the law’s Feb. 10 deadline and is hoping the items currently in her shop sell before that date as well.

“All my materials come from three sources — JoAnn’s, Superbuzzy.com and ReproDepot.com,” said Brawner who prefers to use high quality natural and not synthetic fabrics. “There’s no reason for any of it to contain lead.”

Bigger Patagonia Business Ready
Patagonia, Ventura’s largest manufacturer of children’s wear is ready to comply with new federal mandates. According to Jen Rapp, director of communications for Patagonia, the company may have been more prepared than other manufacturers.

“We’re really lucky because we already followed very high standards,” explained Rapp. “Our testing already exceeded government regulations, so only a few changes needed to be tweaked in order to comply with these new ones.”

Patagonia which has been know to pour a great amount of time into the research of its products is now adding additional third-party testing to ensure that everything – down to the trims – completely conforms to the new law.

“In the past a factory may have used whatever elastic they had on-hand, now even these tiny trim pieces will be cleared through us,” said Rapp describing the detail to which Patagonia will be monitoring all manufacturing.

Less Selection, Possible Higher Prices
Most people agree that while the safety of children is important no one wants to see small businesses go under because of this act.

“I love shopping for small boutique and hand-made products,” said Sarah Paston, mother of two young girls. “It would be a real shame if these beautifully and thoughtfully-made products go away.”

Other parents are concerned that while the law has good intentions, third-party testing will only make clothing and other children’s items even more expensive.