Certified Lead Free or Go Directly to Jail

This first came on my radar out of the ebay forums.

Remember how the Government Was Going To Save Our Kids from Lead?

anything containing lead – or more importantly anything that hasn’t been tested and proven lead free -[can] NOT be sold.

A couple of days ago the government released a statement that summarizes as:

“The new law requires that domestic manufacturers and importers certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.

The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties”

Let’s see – if it is already in your inventory, you don’t have to have it tested at great expense before you can sell it. BUT if it turns out that it DOES contain lead, you are still a criminal, and we can put you in jail. That is very reassuring.

I am surprised this isn’t getting on the radar of the mainstream media, but then again, no I’m not. What big, well financed clothing manufacturer is going to release a press statement about the negative impact of a law that will make entry into their market incredibly expensive?

Now, in all fairness, the rulemaking process is underway. There are proposed rules which would “certify” some materials, such as wood, natural fibers, etc. as unlikely to have lead content, and therefore exempt them from testing, for example. But if you are in the business of making ANYTHING that is targeted at kids, you best stay on top of this issue, and get involved (write your congresspeoples, etc) if you don’t want a bunch of bureaucrats making rules that put you totally out of business.


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