lego-01Reselling used children’s clothes and toys may soon be illegal. In reaction to the toxic materials found in children’s product made in China, the U.S. Consumer Protection and Safety Commission will implement the Consumer Product Safety Improvement Act.

This act requires that all items meant for children 12 years and younger be tested for lead and phthalates. This includes toys, clothes, jewelry, backpacks and any other items used by children. Essentially, the cost of testing makes the sale of used children’s items prohibitive.

If the products are not tested, they will be deemed hazardous.

“They’ll all have to go to the landfill,” said Adele Meyer, executive director of the National Association of Resale and Thrift Shops.

The law is to take affect on February 10, 2009, but no one is sure if it involves all products or just items made after the February 10 deadline.

In other words, it is another fine example of lawmaking. Supposedly, this is why we have professional lawmakers – to make sure things are done correctly. It never seems to work out that, though.

Depending on how the law is interpreted, it could seriously impair sales at the Salvation Army, Goodwill or even the neighborhood garage or yard sale. Some thrift shop storeowners are prepared to close-up and file bankruptcy. The law could also wreck havoc with state recycling laws.

Just what the economy needs as the nation falls into the worst economic crisis in 70 years.

The Consumer Product and Safety Commission has announced that products made from natural materials, like cotton and wood, will be exempt. However, few products are entirely made of natural materials.

The Commission is taking public input from parents worried about lead in children’s items to parents and storeowners concerned about the economic fallout.

Update:

The Consumer Product and Safety Commission has announced its new guidelines on this law. Sellers of used children’s products will not be required to test the products for lead and other hazardous materials.  However, children products that have been recalled remain illegal to sell.  The interpretation states that new children items sold after February 10 will have to meet the testing standards.

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