Lead rule weighs on kids’ clothiers
1/12/09 | 22 comments

Lead rule weighs on kids’ clothiers


By Jessica Bloch
BDN Staff
BANGOR DAILY NEWS PHOTO BY JOHN CLARKE RUSS
Harmony Allen, owner of The Mad Hatter Children’s Fashions in downtown Bangor, works on a display of little girls’ dresses Friday in preparation for Valentine’s Day and father-daughter dances. Buy Photo

BANGOR, Maine — Adrienne Chandler was worried.

The owner of The Growing Place, a Hammond Street store which sells used clothing, toys and other children’s items, Chandler was facing possible closure of her business because of a law limiting the sale of children’s items with high lead levels that goes into effect Feb. 10.

The Growing Place and similar businesses gained breathing room Thursday when the U.S. Consumer Product Safety Commission released a clarification to the Consumer Product Safety Improvement Act. While Chandler is feeling relief because secondhand shops won’t face the same restrictions as other retailers, her business still could be held responsible if she is found selling items that violate the law.

“It’s a step in the right direction, but it’s still playing with fire,” Chandler said. “We felt like we had to shut our doors on Feb. 10. Now, apparently, we can keep them open and hope that nobody comes in [to test for lead].”

The law, which was signed Aug. 14, 2008, requires that domestic manufacturers and importers certify that products intended and designed for children ages 12 and under and manufactured after Feb. 10 meet new standards for lead and phthalates and prohibits stores from selling items that fail to meet new mandatory standards for toys. The intent is to inhibit toy recalls.

Under the new law, children’s products with more than 600 parts per million total lead cannot be sold lawfully in the U.S. on or after Feb. 10, even if they were manufactured before that date. The total lead limit drops to 300 ppm on Aug. 14. Certain children’s products manufactured on or after Feb. 10 cannot be sold if they contain more than 0.1 percent of certain specific phthalates, which are chemicals added to plastic to increase durability and flexibility.

Phthalates were used in pacifiers, soft rattles and teethers before 1999, according to the Centers for Disease Control and Prevention. Animal studies have shown that phthalates have the potential to cause reproductive problems or cancer.

Chandler and her husband, Tim, were concerned they would have to test their products for evidence of lead — at a cost of about $500 per test, Adrienne Chandler said. Every component of a clothing item would have to be tested, the Chandlers added. On a jacket, that would mean buttons, zippers, cuffs and other areas.

Lead can be present in children’s clothing in paint or attachments such zippers or snaps, said Consumer Products Safety Commission spokeswoman Arlene Flecha.

The testing cost for small stores and nonprofit organizations likely would have been crippling, which was why the Chandlers contacted Sen. Susan Collins’ office.

Collins’ staffers asked the commission about the law, Collins spokesman Kevin Kelley said, and learned that they weren’t the only congressional office in the country interested in a clarification — others also had been in touch with the safety commission.

The commission late Thursday issued a clarification which stated sellers of used children’s products, such as thrift stores and consignment shops, are not required to certify that those products meet the new lead limits, phthalates standards or new toy standards.

Chandler and others no longer will be required to test their inventory, but the catch is that resellers still cannot sell items that exceed the lead limit and should therefore avoid items that are likely to have lead content unless they have testing or other information to certify the items meet the legal limits.

Sellers found in violation could face civil and-or criminal penalties. Tim Chandler said violations could bring a fine of $100,000 and five years in prison.

“For the manufacturer who has a million bolts of fabric, he can test that, it’s one thing,” she said. “People like me, or Goodwill, there’s no way for us to test those things, so that stuff would be deemed hazardous. Either you sell illegally, which obviously we can’t do, or you close your doors. It’s been really hard to get clarifications.”

It’s a confusing law for everyone involved. Even Goodwill Industries, which has 18 retail stores in Maine, including stores in Bangor and Brewer, is unsure of where it stands.

Goodwill doesn’t keep track of the amount of children’s items it sells. However, a company spokeswoman said those items are a large part of the organization’s donation stream.

“While [the CPSC clarification] seems to exempt thrift stores, it’s still unclear,” said Michelle Smith, the communications coordinator for the Portland-based Goodwill Industries of Northern New England. “We’re partnering with Goodwill International and working closely with the CPSC to seek more guidance and clarification on the issue.”

It’s enough to have Adrienne Chandler worried not only for her business, but for customers who depend on stores like hers.

“I think, with the economy the way it is, it’s just another kick in the gut for people,” she said. “I have people who are really struggling with heat and food, and they can’t afford to … pay $12 for shoes for their little guy. They count on places like the Growing Place, and now it’s like, we can’t help you.”

Facts about lead and children

Lead is even more dangerous to children under age 6:

— At this age children’s brains and nervous systems are more sensitive.

— Children’s growing bodies absorb more lead.

— Babies and young children often put their hands and other objects, such as paint chips from old houses and toys, in their mouths.

— Even children who seem healthy can have high levels of lead in their bodies.

In children, exposure of low levels of lead can cause:

— Nervous system and kidney damage.

— Learning disabilities.

— Speech, language and behavior problems.

— Poor muscle coordination.

— Decreased muscle and bone growth.

— Hearing damage.

— Low levels of lead exposure are most common, but high levels of lead can cause seizures, unconsciousness and, in some cases, death.

To protect children:

— Wash children’s hands often.

— Keep play areas clean.

— Keep children from chewing painted surfaces.

— Make sure children eat nutritious, low-fat meals high in iron and calcium.

A simple blood test at a state or local health screening program can detect high levels of lead.

For information on state programs, contact the Maine Center for Disease Control and Prevention at 287-8016 or go to www.maine.gov/dhhs/boh/index.shtml.

For more information:

The National Lead Information Center: 800-424-LEAD (424-5323)

www.epa.gov/lead

www.hud.gov/offices/lead

Consumer Product Safety Commission

800-638-2772

www.cpsc.gov

Information from the Consumer Product Safety Commission

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Comments
22 comments on this item
On 1/12/09 at 3:52 AM, looseleaf wrote:         Repeated separate thumbs down will cause comment to be hidden

i'm sorry you guys are going through this. what a shame, the rich people never have to take responsibility.

"The intent is to inhibit toy recalls." ..of course, it's NEVER about reassuring the safety and health of our people and their children..not in these DOLLAR-DRIVEN DAYS. This crap shouldn't even be made in the first place, and you gotta look at who's hands made it and who's getting rich off it.

"Almost two in three people lacking access to clean water survive on less than $2 a day, with one in three living on less than $1 a day.

Number of children in the world

2.2 billion

Number in poverty

1 billion (EVERY SECOND CHILD!)

At least 80% of humanity lives on less than $10 a day.

Less than one per cent of what the world spent every year on weapons was needed to put every child into school by the year 2000 and yet it didn’t happen. "

we've all been standing on the outskirts for a long time, but i think we can see it all falling away and the one thing that keeps getting clearer to me in all this moneymadness is that the bottom line for me, my struggling family/friends (and pretty much most people i run into) seems to be our human rights. the dollar has to stop somewhere...just how much more can it go on? WE keep paying the price with our lives while the guys who pull the strings get richer and richer. that's the bottom line for all of their decisions. we can see the effects of the profit driven motive in our homes (if you still have one) our health, our children's health.. our society, our newspaper. we are the world. how much longer can they go on? how low can we go?

"AUGUSTA, Maine — Despite hard economic times that threaten deep cuts in state programs and services, Maine legislators are getting cost-of-living pay increases for their work this year." http://bangornews.com/detail/96786.html

what's fair these days? for us and our planet? it's obvious we need to start re-thinking the way we survive or deal with the effects this system has on our children and the ones we love. i believe in people, all the good people i run into because everybody's saying the same thing. we do need change, but i don't see it coming from d.c./collins/war/whatevergoes. we have to take care of each other.i'm scared about our future. i wish there was something i could do, for myself and every single person out there lacking, the system's pretty inhuman and that isn't gonna work. we deserve better this day and age, especially our children. what a shame.

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On 1/12/09 at 7:06 AM, WRofGlenburn wrote:         Repeated separate thumbs down will cause comment to be hidden

Another "useful" government article that goes beyond informing the public to creating mass paranoia. It's a shame that the EPA, CPSC, HUD and Maine state agencies don't have the power to mandate common sense. It would save us all a lot of money and unnecessary worry.

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On 1/12/09 at 7:35 AM, dkenzie77 wrote:         Repeated separate thumbs down will cause comment to be hidden

hey i think this is a great idea, hell look they charge outrageous prices for used items anyway, so why not just close the stores. Come on i know i bought a puzzle at one thrift sop for 1.50 and missing pieces. Never ever will i shop at a usedstore again

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On 1/12/09 at 7:53 AM, LincolnMOM wrote:         Repeated separate thumbs down will cause comment to be hidden

I clothe my child myself & husband from lots of Goodwill items...and I always will. In todays economy you have to save any way you can. The lead that is possibly in some items will not affect you...unless you are a baby sucking on a zipper..........just use precautions when buying for little ones.

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On 1/12/09 at 8:28 AM, Torybo wrote:         Repeated separate thumbs down will cause comment to be hidden

A well-written article. The intent here is not to create mass paranoia, it is to inform buyers and sellers of a potentially high-impact law which will go into effect Feb 10. If you are a small business, or just make (or like to buy) baby items, "pi-shoes" or handmade toys for craft fairs or to buy/sell anything for kids online, this affects you.

From what I have read, every single separate style of toy, quilt, game, bib, any type of kids clothes, educational play items, even if you make it in your living room and bring it to a craft fair once a year... this may affect you as testing may be required PER ITEM at $400 - $1000 each if the law stays worded as is, depending on the materials used.

So I suggest some good online searches under CPSIA for more info, as I've been researching this for days.

While we all want to protect our kids from (mostly imported) lead-based paint and toxins, we also should have the ability to choose locally handmade goods, toys and clothes to support our small businesses and local artisans/crafters. While I understand it has been amended to exclude testing of some natural materials (pure wood or cotton toys for instance), still the legislation may have been written too hastily. So we need to be watching this carefully. FYI.

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On 1/12/09 at 8:34 AM, MainelyMe2 wrote:         Repeated separate thumbs down will cause comment to be hidden

I am glad that we have more than Goodwill out here in Wisconsin as an option for 2nd hand stores. Goodwill is sky high on prices, and some items you can buy them new for just a couple dollars more. When I went to the one in Bangor a few years ago when I was home, I looked at the prices, and walked back out. They are too high for being used items. I guess because they are the only one in that area, as far as a known name--they have the market. As far as buying used anywheres? Most people check the zippers, buttons, seams, etc, before purchasing at a yard sale so should do the same at a 2nd hand store. Being in a store doesn't ensure that it is perfect. Too bad a Salvation Army Family Store couldn't open in that area or a St Vincent De Paul. Both are wonderful 2nd hand shops much cheaper in price than Goodwill.

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On 1/12/09 at 9:57 AM, dkenzie77 wrote:         Repeated separate thumbs down will cause comment to be hidden

lincolnmom its a good idea to save money now, but heck you can go to kmart or even cheap walmart and buy a shirt for wwhat your paying at goodwill and it be brand new

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On 1/12/09 at 10:05 AM, ClaireC wrote:         Repeated separate thumbs down will cause comment to be hidden

This law also has crafters and knitters of new items worried. Under the old rules, it was sufficient that you didn't use lead paint or other contaminated materials. This new law seems to say that every item needs to be individually tested. This would put most small crafters out of business.

We need a clarification stating that non-industrial crafters do not need to test their products individually if they can attest that all their materials are certified lead and phthalate free.

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On 1/12/09 at 11:21 AM, LincolnMOM wrote:         Repeated separate thumbs down will cause comment to be hidden

Actually all childrens clothes my daughters size are $1.99 EACH...I have gotten brands like: Levi , Arizona, Nike, LL Bean, to name a few. I could never afford such a great selection for her as she has if it werent for Goodwill in Brewer & Bangor. IThey are both very organized and I have yet to find anything damaged or ripped, but I always look stuff over. They have even mixed some new items in recently, I got my husband brand new jeans for work for $11 bucks! I also found him flannel lined LL Bean jeans for $5.99 one day...look online and compare the prices. I like quality over quanity...and KMART to me is very expensive, one girls shirt is $10 to $18.........even Walmart is expensive...and forget the MALL...

Somedays I don't find a thing at Goodwill...but somedays I hit it big. Don't bash a place that is truly helping us and we are helping others by buying there, for Goodwill is an association that helps homeless families.

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On 1/12/09 at 11:29 AM, dkenzie77 wrote:         Repeated separate thumbs down will cause comment to be hidden

wow she must work for goodwill, saying that stuff that isnt true, un less they just recently reduced prices. kids shirts always were 2.99 a mans shirt 4.99 mens jenas 5.99 and broken kids toys 1.29 i used to shop there daily. But hey wtg on promoting good will, maybe there business will pick up more now. Lets all give Lincolnmom a big hand for her kind words of goodwill

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On 1/12/09 at 11:58 AM, LincolnMOM wrote:         Repeated separate thumbs down will cause comment to be hidden

No I do not work for Goodwill, we are a one income family. The kids clothing has been $1.99 for years, and I should know for I have shopped there for years.

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On 1/12/09 at 12:05 PM, dkenzie77 wrote:         Repeated separate thumbs down will cause comment to be hidden

wow grouchy, i dont know who is giving you the deals when your buying them lincolnmom becuase i used to work there but i quit due to extreme high prices and people complaingint ome. have a great day

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On 1/12/09 at 12:13 PM, Debra74 wrote:         Repeated separate thumbs down will cause comment to be hidden

ClairC: Crafters only have to carry proof the materials they use are ok. Keep the wrappings and papers that come with all your yarn and other materials. Newly made items after 2/10 will carry a statement with the product. The website for CPSC put an update up a bit ago clarifying this.

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On 1/12/09 at 12:38 PM, LincolnMOM wrote:         Repeated separate thumbs down will cause comment to be hidden

Well dkenzie77 first off I am not "grouchy" and I am only stating facts from my experience. Secondly, if you worked there you probably got fired for charging people wrong prices, bad spelling habits, and negative attitude.

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On 1/12/09 at 12:39 PM, LincolnMOM wrote:         Repeated separate thumbs down will cause comment to be hidden

Well dkenzie77 first off I am not "grouchy" and I am only stating facts from my experience. Secondly, if you worked there you probably got fired for charging people wrong prices, bad spelling habits, and negative attitude.

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On 1/12/09 at 12:58 PM, LincolnMOM wrote:         Repeated separate thumbs down will cause comment to be hidden

dkenzie77 I am not "grouchy" just stating the facts from my experience. Furthermore, if YOU worked there my guess is you got fired for overcharging customers, your bad spelling, and negative attitude.

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On 1/12/09 at 1:28 PM, MainelyMe2 wrote:         Repeated separate thumbs down will cause comment to be hidden

Right now Goodwill is the only major thrift shop in Bangor (small mom & pop ones don't count), so they are going to charge more. The St Vincent De Paul here in West Bend, WI, has so many better deals than any Goodwill will ever have. Their prices are a whole lot cheaper, as in brand new kids clothes for around $1, brand new books 25 cents to 98 cents, furniture in the $25-50 range depending on what it is. Compared to Goodwill these are totally decent prices. Kohl's, K-Mart, Target, all donate to St Vincent De Paul stores here in Wisconsin. --what they have for overstock or left over each season. Goodwill here is well known for being the higher priced for what they sell compared to the other stores, but a couple Goodwill stores have started dropping their prices as more thrift stores open up near them (like Salvation Army thrift family store, etc). Maybe Goodwill needs a run for its money by another major thrift store opening up across the river in Brewer, or even there in Bangor?!! I know that Goodwill does good with the money it makes, but when you can go buy a new pair of jeans for $2 more than 2nd hand, or a shirt for the same price--maybe Goodwill needs to look at their prices. As long as they are the only one around, they'll get the prices they ask. There is absolutely NOTHING wrong with buying clothes 2nd hand neithor. It helps save even if its a little!!

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On 1/12/09 at 6:10 PM, Savekidsresale wrote:         Repeated separate thumbs down will cause comment to be hidden

Thank you for your article. To help support the consignment and thrift industry and CLICK! to send letters to your legislators easily, go to http://www.savekidsresale.com

WE REALLY NEED YOUR HELP! IT WOULD BE EVEN BETTER IF YOU WOULD CALL AND CLOG UP THEIR PHONE LINES!

To read the latest Press Releases directly from The National Association of Resale & Thrift Shops go here: http://www.narts.org/press/releases.htm

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On 1/12/09 at 6:15 PM, mariahstorm wrote:         Repeated separate thumbs down will cause comment to be hidden

looseleaf needs to run for office..

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On 1/12/09 at 6:54 PM, Jennifer wrote:         Repeated separate thumbs down will cause comment to be hidden

I shop thrift stores and goodwill sometimes. Most of the time I shop at the mall, Kohl's and Old Navy for my 3 kids. I bought my oldest brand new Levi's at Sears for 5.99 while school shopping! I have gotten Levi's at JC Penney for as low as 2.99 a pair! I get brand new t-shirts at Old Navy for 1.50-2.99. Kohl's has some great deals too and I bought one of my kids a lot of school clothes there for next to nothing last year. I also got some clothes for Christmas there and paid no more than 4.99 a piece. People need to learn how to shop!!! There are plenty of deals to be had out there online and in the stores! NEVER pay full price for anything!! Why buy used when you can get new? Seriously!!

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On 1/12/09 at 11:37 PM, dkenzie77 wrote:         Repeated separate thumbs down will cause comment to be hidden

ok my last posting because im sick of hearing these stupid ones, at least salvation army will give you a voucher if needed for clotehs. Good will always said they will follow salvation army and do what they do, but they dont help people when theyre house burns or all there stuff gets stolen. I personally dont like the salvation army but at least they help

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On 1/13/09 at 4:19 AM, looseleaf wrote:         Repeated separate thumbs down will cause comment to be hidden

thank you mariahstorm. i wish we could all "run for office"... i wrote words to a song "everybody knows what everybody needs but we can't live, our lives' for sale." -that's what kills me about this economic meltdown/recession/depression/what-ever-they-want-to-call-it. it's so far from the truth of who we ALL really are as human beings with feelings/talents/capabilities/interests/ and of course, daily needs. everybody's looking for work, but the man's not hiring, they're obviously waay to busy "getting theirs." i wish i had money. i'd hire everybody and pay them real good to do what they are good at and passionate about and we'd all create a sane freakin culture that respects human life and human needs. we all know there's more than enough to go around. personally, i think it's all about control and i don't think they're ever going to throw us a billion dollar bone, so we just all need to really take care of each other throughout our days as much as we can. if the whole thing does fall through, we know we can create, we know how to survive and most importantly, how to care.

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