CONSUMER WATCH
Thrift stores exempted from new lead-testing law
By David Ellison
Jan. 8, 2009
The Houston Chronicle

Before the announcement, some thrift and consignment stores were concerned that the costly tests would severely affect their businesses that cater to low-income customers.

Maj. Larry DeBerry, a Salvation Army administrator at the Houston Adult Rehabilitation Center, said the announcement is good news.

"I know that a lot of our customers that come into our resale shops, they are very dependent on being able to pick up children's clothing at a discounted price," DeBerry said. "So I know it would have a devastating effect on them, as it would on us, because our program is dependent on the income through our family stores."

As initially interpreted before CPSC's clarification, the law would have required thrift stores, shops selling handmade toys and small businesses to spend tens of thousands of dollars on testing.

The Consumer Product Safety Improvement Act, which takes effect Feb. 10, was signed into law last year as a result of the numerous children's product recalls.

Melissa Temme, a spokeswoman for Salvation Army's national headquarters, said while the clarification is good news, it raises a few questions. She referred to the CPSC's news release that says "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."

She said officials need time to study the clarification and determine what questions to ask the CPSC to assure that thrift stores are in compliance.

Not really worried

Customers shopping at a Goodwill Industries store on the Katy Freeway were unaware of the pending law. Ben Dechavez, who said he shops for child-safe products, said he was not concerned about items in the store.

"Usually, products that come here have already been used," he said as he browsed through children's toys. "So my opinion is ... the people that bring it here have used it already. In other words, they are confident that the products that have been used are all right."

While it appears resale shops could have a little relief, that does not seem to be the case for smaller businesses that sell new items.

Sue Warfield — past chairwoman of the American Specialty Toy Retailing Association, which consists of smaller, independently owned stores — said the group supports toy safety. But members are concerned about the cost of testing.

"There are some of them that literally would not be able (to survive) if they had to pay whatever the fee is for testing," she said. "The only way they could is to raise their prices. And that would put them out of business, too, because many of them already have a little bit higher price because they are smaller companies."

Copyright © 2009 The Houston Chronicle