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Consignment shops may be targeted by new federal law on lead

Posted By:   Posted By: Michael O'Mara     Updated: 1/8/2009 10:14:27 AM  Posted: 1/7/2009 6:31:13 PM
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AVON -- At the Jelly Beans children's consignment boutique in Avon, you can find thousands of clothes and toys for the kids under 12. Parents know they can score big savings by taking home gently worn items that the kids will outgrow in just a few months.

However, a new federal ban on lead and phthalates in clothing and toys for children under 12 could suddenly effect every item in this store.

The new ban was ordered by the Consumer Product Safety Council.

Shop owner Rebecca Cain said, "I can't even begin to wrap my head around it. And the more I think about what this new law means, the more overwhelmed I am.

"It is one thing to require clothing and product testing for huge manufacturers and corporations like WalMart, but there is no way we little shops can deal with this law."

Parents shopping for their children at consignment shops want to take advantage of the great prices, but wonder if the federal ban is going too far.

Wendy Thomas was carrying her daughter, Ashley as they shopped for clothes.

"I just don't believe any of these items on the racks are dangerous," said Thomas. "I haven't heard of any children being harmed from the clothes that are being sold out there."

Across town at the NSL Analytical laboratories, scientists can check for lead and phthalates using an arsenal of high tech tools.

But the price tag for a special x-ray gun that can quickly scan toys for lead costs about $35,000.

Larry Somrack, President of NSL Analytical, said, "If the client wants a continuation of testing for lead, you're talking upwards of a hundred dollars or more per test. And if you're talking phthalates, you're talking 300 dollars or more for one test.

Somrack looked across his sophisticated laboratory and said, "I just don't see the little store owners being able to afford this work."

Rebecca Cain is worried she may be forced to take drastic action to avoid being swept out of business by the Consumer Product Safety Commission rules.

Said Cain, "The penalties are killers. $8,000 for a first offense, $100,000 second offense plus a felony with potential jail time. What am I supposed to do?"

The CPSC is currently reviewing its regulations and may have a determination on the issue by later this week.

© 2009 WKYC-TV


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