The U.S. Consumer Product Safety Commission (CPSC) has announced that resellers of children's products, such as thrift stores and consignment shops, are not required to certify that their products meet the new lead and phthalates limits or the new toy safety standards under the Consumer Product Safety Improvement Act of 2008 (CPSIA). Their products do, however, need to comply with the limits and standards set forth by the CPSIA.

Under the CPSIA, children's products cannot be sold on or after February 10, 2009, if they contain more than 600 parts per million (ppm) total lead, even if the products were manufactured before that date; and certain children's products manufactured on or after February 10, 2009, cannot be sold if they contain more than 0.1% of certain specific phthalates or if they fail to meet a new mandatory toy standard. The lead limit drops to 300 ppm on August 14, 2009.

Resellers are not required to test children's products in inventory for compliance with the new lead limit before they are sold. However, resellers cannot sell children's products that exceed the lead limit. The CPSC advises resellers to avoid products that are likely to have lead content, unless they have testing or other information available to indicate that the products are in compliance with the new limit. Resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

Under the CPSIA, it is also unlawful to sell recalled products. Resellers should check the CPSC website for information on recalled products before taking into inventory or selling a product. Resellers could also face civil and/or criminal penalties for selling recalled products.

The CPSC advises resellers to pay special attention to the following product categories:

• Cribs and play yards which might be subject to a recall;
• Children's jewelry and painted wooden or metal toys, and other products which may contain lead;
• Flimsily made toys that are easily breakable into small parts;
• Toys that lack the required age warnings; and
• Dolls and stuffed toys that have buttons, eyes, noses or other small parts that are not securely fastened and could present a choking hazard for young children.

Full text of the CPSC's Clarification for Resellers

CPSC's CPSIA web page

The CPSC is currently working on several rulemaking proposals which will provide further guidance on the new lead requirements. Watch for news of these rulemakings, as they occur, via STR's Monitor and News Alert publications and CPSIA FAQ.

As a CPSC accredited laboratory, STR can assist our clients in complying with the new testing and certification requirements under the CPSIA. We offer analytical expertise in lead, heavy metals and phthalate content testing. Our hazard prevention program for toys includes comprehensive design evaluation, safety testing, audit, certification as well as responsible sourcing services. For more information, contact us at info@STRQuality.com.

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