CPS Updates lead testing rules and exempts resalers

**warramra** · 02-10-2009, 07:39 AM

Great news for those of us that depend on resale & thrift shops for children's clothing, the CPS has moved to exempt resale shops from the mandatory testing. They are still libel if they sale an item that has been recalled, but otherwise do not have to guarantee lead limits.

Here is the article from my local tv news: http://www.wral.com/news/news_briefs/story/4505269/

And the CPS Updated guidelines as of 2/10/09

Peace

**imagine** · 02-10-2009, 08:54 AM

Update as of 2/10/09 That is a current update

Thanks I forward the link to my friend who runs a bi yearly consignment sale.

**TexasPeanut** · 02-10-2009, 09:20 AM

They actually clarified that back in January, it was posted in the secondhand deals forum. I remember posting that the resale shops would not have to get items tested but could not sale an item that has been recalled for failure of lead limits. If they did sale an item like they could be punished. So basically they aren't responsible for the testing but have to keep tabs on what has been tested and what's failed. I posted all of that information directly from their website in January...and was told I was wrong. Interesting.

**warramra** · 02-10-2009, 09:45 AM

Crystal,

I read your link in January, and actually the update in January still had wording that left a loophole that the resale shops were responsible for guaranteeing that all children's items met the new guidelines and could be held criminally responsible. The new update absolves them of that responsibility. It was probably not CPS' intention, but lawyers for consignment retailers were concerned that the wording was not clear. Consignment and thrift shops are still being warned to be careful with children's toys, but at least clothing will be available.

As we know in a sue-happy society we cannot go by the intention of a document, but the actual verbage.

Peace

**imagine** · 02-10-2009, 10:47 AM

Originally Posted by TexasPeanut

They actually clarified that back in January, it was posted in the secondhand deals forum. I remember posting that the resale shops would not have to get items tested but could not sale an item that has been recalled for failure of lead limits. If they did sale an item like they could be punished. So basically they aren't responsible for the testing but have to keep tabs on what has been tested and what's failed. I posted all of that information directly from their website in January...and was told I was wrong. Interesting.

The new update has two pages of info for resellers.

It even has a chapter call "how can I tell if something has lead in it before I sell it?"

The pamphlet the link posted goes to gives a list of things resellers should test, call manufacture, or not sell. Things like children's clothing that has rhinestones or metal snaps or metal zippers.