Clothing resellers such as Laurie Yost appeared to get a reprieve last week from a federal law that they said could potentially put them out of business by requiring costly lead testing on children's clothing.
The Consumer Product Safety Improvement Act of 2008 goes into effect Feb. 10. It requires any item intended for children ages 12 and under to be tested for lead and phthalates (chemicals used to make plastics more pliable).
Until Thursday, that included used children's clothing and toys sold at thrift shops, consignment stores and yard sales.
Like others, Yost halted kids' clothes consignments at her Elizabethtown store, Now Wear This, when she learned of the testing requirement last week.
"We were very worried. It's a large percentage of what we have in our stores," Yost said. "We planned on doing deep discounts over the next couple weeks to move product."
She was relieved to learn she might not have to do that now.
Under fire from the National Association of Resale and Thrift Shops and others, the Consumer Product Safety Commission said in a statement Thursday, "Sellers of children's products such as thrift stores and consignment shops are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards."
However, it cautioned that "resellers cannot sell children's products that exceed the lead limit and therefore should avoid products that are likely to have lead content."
Beginning Feb. 10, the lead limit will be 600 parts per million per product. It drops to 300 parts per million Aug. 14.
If resellers offer second-hand items in violation of these limits they could face civil or criminal charges.
Therefore, NARTS executive director Adele Meyer said, the problem remains: There is no way to know if an item meets these requirements without testing.
"The agency intends to focus its enforcement efforts on products of greatest risk and largest exposure," the CPSC also said in its statement. These include recalled products such as children's jewelry, painted toys and toys that are a choking hazard.
"I'm a mom of four and a grandmother of three and I don't put out things that I don't think are safe," said Pat Fulvio, executive director of the Spina Bifida Association. which operates a Quarryville thrift store.
Children's clothing is big business for resellers, particularly in these dire economic times.
About a third of the floor space at Goodwill Fashions on Route 30 is children's clothing, said manager Lucas Gonzalez.
A customer in the store Thursday, Amy Bless, of Sadsbury Township, often buys clothing there for her three children, all under age 10.
She counts on the savings.
"Most [new] clothing is not cheap; I don't buy it," she said.
Bless was shocked to learn that kids' clothes might be yanked from the racks. "I find that ridiculous!" she said. "Who's gonna come and stop at a yard sale and tell them they can't sell their stuff?"
CPSC representatives would not comment beyond the press release.
Meyer cautions that the coast is not clear. She said the organization won't be satisfied until formal regulations are put in place by the CPSC.
"To me, [the CPSC statement] was not definitive," Meyer said. "The law is still unaltered."
Goodwill Keystone Area spokeswoman Jennifer Ross said the announcement from the CPSC was an act of good faith and such communication is appreciated.
But like Meyer, she isn't sure resellers are out of the woods yet. "We're concerned about this legislation and if it will create unintended consequences," she said of the act.
U.S. Rep. Joe Pitts' Washington Chief of Staff Gabe Neville said the CPSC statement "means a lot because they're the ones creating the regulations. I would take some comfort in that."
Ross said Goodwill Industries International is continuing talks with the CPSC to "get our hands around this."
"It affects small businesses, it affects nonprofits; there's a lot at stake here," she explained.
Jeannette Scott is a Sunday News staff writer. Contact her at jscott@lnpnews.com or at 291-8689. 
