Recently I came across some inormation regarding the new lead law that Congress passed in July of 2008. Here is a brief summary of that information. I included some links but did not copy these directly from the sites, so hopefully they will still work. If not, just try typing them in your search bar and doing your own search. It is not hard to come across more information.
New Lead Law Takes Effect February 10, 2009
During 2007, a number of toys imported from China were recalled because they contained high amounts of lead. Also a child died after swallowing a Chinese made charm that was almost 100% lead. Therefore, in July of 2008 Congress passed a bill, the Consumer Product Safety Improvement Act, and President Bush signed it into law in August. The new law will take affect on February 10, 2009. This bill sets limits on the amounts of lead and phthalate (a harmful substance found in plastic) allowed in toys and other products sold to children 12 years of age and under.
Under this law, makers of children’s products must certify that their toys and other products have been tested for lead content by a government approved, third-party testing laboratory. Each batch of toys must be tested, and each component of the toys must be tested in each batch. Let’s take a fabric covered box for instance. The cardboard in each batch of boxes must be tested. The fabric must be tested, the metal clasp must be tested, ribbon or rickrack used for decoration must also be tested. Retailers and resellers must certify that their merchandise has come only from products tested by a government approved, third-party testing laboratory. They must also be labeled that they have been tested and are lead free. Tests cost anywhere from less than a hundred dollars to several hundred dollars per test. The fine is $100,000 for each violation.
This law applies not only to toys but to all items sold for use by children 12 years old and under - clothes, shoes, books, bikes (the amount of lead in the air valve for the tire exceeds the allowed limit), musical instruments, craft items, paper, CDs, DVD’s, computers, etc. The law also applies to items made for and sold to adults that would normally be intended for children or may be used by children - for example, dolls and toys specifically made as collectors’ items. Everything must be tested, even items already known to be lead free - such as school glue. This may not have been the original intention but becomes a requirement because of the way the law was written. The amount of lead permitted is 600ppm and will be reduced to 300ppm in August of 2009.
Who is affected by this law? Under this law it will be illegal to sell any product not tested to contain 600ppm lead or less to anyone 12 years old or under after February 10, 2009. The law does not specify who the sellers are. Thus it is retroactive and applies to mainline stores, resell stores such as consignment shops and thrift stores, craft fairs, fundraising bazaars, and even garage sales. This will also make it difficult for homeschoolers to get used curriculum. In any event it will be illegal in the United States, after February 10, 2009, to sell any product not tested to contain 600ppm lead or less if that product is intended for use by children 12 years old or under.
Thrift stores and consignment shops have been given a little reprieve. They will be permitted to sell items in inventory without having to get them all tested. However, they are still subject to civil and criminal penalties for violations of the law.
The Consumer Product Safety Commission is the organization responsible for the enforcement of the new law. They have received many complaints and requests for the revision of the rules for enforcement. However, they have no authority to change the law. Any changes must be approved by Congress. The CPSC is only responsible for enforcing the law.
This law also poses some difficulties for libraries. Each new batch of books will be tested for lead content before being printed by the publisher. However, old books have not been tested. While libraries do not normally sell books, items (including books) intended for use by children 12 years old and under will become “banned, hazardous substances” under the new law.
Some libraries have considered throwing out all old children’s books. They will not be able to sell them or give them away. Loaning them out will still be giving them to a child for a period of time. Some libraries have proposed banning children 12 years old and under from accessing the library. Other libraries may continue to operate as normal unless it becomes clear that they cannot do so.
It is unclear how or if art and craft teachers or Sunday School teachers will have any problems if they use untested products for the students in the class since class projects are often sent home with the students. Many teachers will still have old art and craft supplies left over. Research did not seem to suggest that there would be any problems in this situation.
If you would like to research the law, the number is HR4040.
Regularly updated recall lists will be available from the CPSC, and this will help resellers, especially consignment shops.
Just go to the internet and look at Consumer Product Safety Improvement Act of 2008 or type in, “lead law, February 10” or research bill HR4040 for more information.
Go to http://thomas.loc.gov/ then search: H.R.4040
Go to Original CPSIA FAQs to find the definitions of what is considered to be a child's product:
http://www.cpsc.gov/about/cpsia/faq/faq.html#educational
Also try http://www.CraftLister.com/CPSIA/
This information was compiled from numerous internet sites.
Hope this is a help to you.
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