It's Official: Consignment Shops Exempt from Lead Law

Congressmen Brian Higgins (NY-27) and Chris Lee (NY-26) say they have received an official communication from the Consumer Product Safety Commission indicating that consignment or thrift stores are exempt from certain requirements under the new Consumer Product Safety Improvement Act, scheduled to go into effect February 10th.

Beginning February 10, 2009, children's products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain children's products manufactured on or after February 10, 2009 cannot be sold if they contain more that 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.

Under the new law, children's products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.

After receiving calls from concerned local business owners operating consignment or thrift stores in the Western New York area, Congressmen Higgins and Lee went to the Consumer Product Safety Commission and received assurances that while sellers of used children's products may not knowingly sell defective products, they do not have a requirement to certify and test all products they are selling, a requirement local shop owners feared would put them out of business.


"I am pleased to see that the commission understands the need to protect small businesses from regulations that may have jeopardized their ability to survive.  I look forward to working with Congressman Higgins and the commission in the future to ensure our children are protected from harmful chemicals," Congressman Lee said.

"I voted for the Consumer Product Safety Improvement Act in Congress, support the measures it puts in place to protect children from exposure to dangerous toxins and I'm glad to relay this news which provides a relief to local business owners fearful about the future of their stores," said Congressman Higgins.  "I will continue to work with Congressman Lee and others in the delegation to protect the best interests of Western New York businesses and residents."