CPSIA: The effect on retail stores

[jen m]

Ok I found this: Scroll down about halfway http://www.cpsc.gov/library/foia/foia09/brief/leadlimits.pdf which I feel confirms what I was thinking, children's clothing such as what I sell are very likely NOT exempt.[/quote]

You are right clothing is NOT exempt. Even if they end up exempting dyed or printed fabrics they will likely not exempt fastners.

[mom4life]

[Kathleen F.]

Moving more entries from people who don't check to see if there's already a thread on their topic...

[jen m]

[ShariB]

So I've done a lot of research so that my shop can be compliant, and now am completely confused when I thought I understood it finally. Can anyone help?
Many of my manufacturers tell me that products produced prior to Nov 2008 do not need to adhere to CPSIA. When I tell them as a retailer I am bound to only sell products after Feb 10, 2009 that I know have been tested, regardless of manufacture date, they tell me I am wrong. I sure hope so, but seems unlikely! For example, I have Fall 2008 clothes that were manufactured prior to Nov 2008 that I thought would be deemed 'hazardous' Feb 10 and need to be off my virtual shelves. Same goes with all my toys, gifts etc...
Is it just that the manufacturer need not test them, but the onus is regardless on the retailer and it must be tested reasonably post Feb 10, 2009 (and then of course by accredited labs post Aug 2009)?
Can anyone shed some light please. This would be a slight lifesaver to the thousands of dollars of inventory I fear I am about to lose. Thanks again!
Shari

[Charlotte R]

I spoke briefly with the Director of Compliance at the CPSA about this very issue on Thursday following a meeting at their headquarters. He stated that you do not have to have a certificate of compliance from a manufacturer for a children's product produced prior to November 12, 2008. However, you cannot sell it after February 10, 2009 if it fails to meet the 600 ppm guideline for lead content. His suggestion was to use XRF testing to be certain you are in compliance.

We retailers are basically in the same boat as resellers. We may not have to have a certificate for existing inventory, and while we are not required to do testing, our dilemma is how to have the "level of confidence" (in the words of the ex-CPSC spokesperson Julie Vallese) that our products in inventory will meet the guideline without some assurance from the manufacturers. So we're basically left with only one choice - to reasonably test via XRF technology. (I think that we'll have to use our own judgement about what is reasonable.) It is my understanding that retesting of the "old" inventory by accredited labs in August 2009 is not required if the items originally tested by XRF to the 300 ppm standard that will be required in August.

I have more than $100,000 in inventory, so I figure that the rental cost of the XRF analyzer will be worth the peace of mind. Although I wonder what would happen if we all started filing insurance claims for our inventory that becomes "banned hazardous substance" on February 10 and let some of the big insurance companies join the fray?

[ShariB]

Thanks Charlotte-
That's a big help to me. But I am still a bit uncertain why I would need to test say some white cotton onesie with an applique? Or a line of clothing that is compliant for Spring 2009, wouldn't we be able to reasonably assume that their Fall 2008 is as well? It's technically just some cotton and dye, a few snaps etc. Am I being naive to think that there could possibly over 300 ppm lead in any of these items?
By all means I intend to only sell compliant items...but I have nothing big box brand in my boutique, nothing plastic either, nearly all items are either handmade or boutique designers, primarily made in the US. So I feel quite confident that we meet the lead and pthalate limits that are mandated, but is that enough? If I was ever questioned would I be required to show the reasonable test? Or would doing a test then be sufficient? Do you know what I mean and do you have any guidance there?
Also, when CPSC talked about resellers on Jan 8 (I think it was) do you think they really meant retailers too? I thought resellers really was referring to resale shops that include used items etc, not retail stores.
My issue with XRF is just that we are such a new store that we don't have enough traffic to sell it all anyway within the alloted time period by August so the expense will potentially never be covered. Sigh, I so don't know anymore what to do...
Again, any guidance is really appreciated.
Shari

[Guest]

Here's something I've not seen asked anywhere.....but before I ask.....THANK YOU FOR OPENING THIS FORUM TO US ALL KATHLEEN!!!

What are the CURRENT....ppm guidelines. I read an artilcle that said 600 ppm was set in 1998 but I have searched and searched and can't find any confirmation.

If over the years manufacturers have mostly stayed within 600 ppm then wouldn't most of the current items out there be OK until August when it drops to 300 ppm? Barring any recalled items and unknowns of course. Or am I just reaching at straws here?

[Sarah Reid]

[Lisa DOWNTOWN JOEY]

Just visited ToysRUs today here in NYC and there were LOTS of empty shelves. Seems they got the CPSIA memo. Interesting, too, was customers I talked to (3 individuals) had heard of the new lead limits.

What was eerie was how many items were taken off the shelves. There wasn't a single aisle that wasn't affected.

[Vicki P]

Interesting, so far here I haven't seen any changes. Big Lots aisles are jam packed with toys, kids clothes, etc. the usual close out deals. Not sure about all the other stores. Target still looked full last time I was in there.

I have yet to talk to anyone that has heard of the law, except one little girl who saw me on the news. Every time I tell someone about it, it is the first time that they have heard of it. Lots of disbelief.

[Guest]

Vicki P,
so funny you said this...