Toxic chemical law takes effect

Bristol Press - February 14, 2009

A federal law outlawing the sale of children’s products with toxic chemicals took effect last week, but largely blunted by exemptions given to stores panicking over the law’s new expenses.

A provision of the Consumer Product Safety Improvement Act, passed in August, prohibits the manufacture and sale of children’s products with lead, a well-known neurotoxin, and phthalates, plastic-softening chemicals linked to breast cancer, infertility and other health problems. Manufacturers and retailers were given until Feb. 10 to comply with the standards.

But shelves in thrift stores, libraries and consignment stores across the country are filled with toys, books and clothing manufactured before the standards were passed.

As the date for implementing the laws drew near, misinformation and questions swirled on the Internet. Confusion was largely focused on the cost of testing and who is responsible for verifying toys comply with the 600 part per million standard set for the first year of the law. Ultimately, products will need to meet a maximum of 100 ppm by 2012.

“We urge the CPSC to be more proactive in clarifying the gray areas in the requirements of this new law,” said Phil Sherwood, deputy director of the Connecticut Citizen Action Group. “We all want to see a smooth transition to a smarter, more protective system. Unfortunately, lead and phthalates are just the tip of the iceberg when it comes to hazardous chemicals in children’s products, so it’s important that we get this right.”

Complaints from librarians, crafters and secondhand-store owners led the commission to realize the enormity of the task it had demanded and to reconsider. On Jan. 30, members of the Consumer Product Safety Commission voted unanimously to issue a one-year stay of enforcement for libraries and thrift stores.

Toy manufacturers are still lobbying the commission, saying the regulations are too stringent.

Small-business owners and libraries are grappling with how to comply with the law by next year — or whether they will get another exemption.

Although under the act thrift and secondhand stores are not required to test their products, they are responsible for ensuring their products meet federal standards.

Sarah Uhl, environmental health coordinator for Clean Water Action, said the commission is aware that it’s difficult to know whether a product meets the lead standard without testing and has issued guidance for these companies that can be found at cpsc.gov. The Web site directs resellers to either test their products, throw them away or contact the manufacturers to determine if they meet federal guidelines.

In terms of Chinese and other foreign imports, the certification and testing is the responsibility of the manufacturer. Product packaging must be marked to indicate each product has been certified as “safe.”

“Cheap toys made in China are loaded with lead,” Uhl said. “We just want better quality control. It will require changes but reduce health care costs, keep kids from being lead poisoned. That’s why we had to pass this law.”

Still, the law is universally considered a misfire.

Scott Whipple can be reached at swhipple@newbritainherald.com or by calling (860) 225-4601, ext. 319.

The details

The Consumer Product Safety Improvement Act:

• Is aimed at lead in products for children 12 and younger and plastic softeners called phthalates in products for children younger than 3.
• Gives state attorneys general authority to enforce consumer product safety laws and act to remove dangerous products from shelves.
• Requires manufacturers and importers to test and certify that toys have passed U.S. safety standards before they are sold. The federal government granted manufacturers a one-year extension for testing of most products. But businesses will be barred immediately from selling products that violate the law.
• Sets fines up to $100,000 per violation, $1.9 million to $15 million for repeated violations and up to five years in prison for knowingly violating the law.

Bristol Press - February 14, 2009