Some businesses and toy makers may be spared the financial impact of new regulations over lead in children's items.
Under the 2008 Consumer Product Safety Improvement Act, which goes into effect Feb. 10, items intended for kids age 12 and under must be tested for lead and/or phthalates, a chemical used to make soft plastic.
The testing mandate covers a broad swath of items, including toys, clothes and other items. In clothing, lead can be present in charms, buttons and other materials.
As news of the new rules spread, small businesses, makers of handmade toys, companies that use only natural materials and thrift and consignment stores began worrying that the law would force them to spend thousands of dollars testing their products, toss out items they couldn't afford to test or go out of business.
Companies need to have sample products tested by certified, third-party organizations, a process that can range from a few hundred dollars to around $3,000, according to published estimates.
On Tuesday the Consumer Product Safety Commission (CPSC) gave tentative approval to some exemptions to the testing rule: items with lead parts that children cannot access, electronics that cannot be made without lead, and clothing, toys and other items made with cotton, wood and other natural materials.
A final vote on those exemptions will not take place until after the law goes into effect, so any untested items still available will technically be in violation of the law. However, CPSC spokesman told this to the LA Times: "The CPSC is an agency with limited resources and tremendous responsibility to protect the safety of families. Our focus will be on those areas we can have the biggest impact and address the most dangerous products."
In a letter to the CPSC this week, Consumers Union and other interest groups urged the CPSC to develop and education and outreach program to inform small manufacturers and businesses how to comply with the law.
Just yesterday, the CPSC published a clarification to the lead-testing rule, explaining that businesses that sell used children's products are not required to have those products tested, though if they end up selling items that exceed the lead limit, they can still be penalized.