Led astray by new lead law

ELLENSBURG -- Cheryl Smith is living the American dream. She has a husband, two kids and a thriving thrift store in downtown Ellensburg. But because of a new federal law affecting children's products, she's losing her business before reaching her first anniversary.

"Everything has happened so fast," the 36-year-old said. "I'm sad for myself and my dream for myself. I'm sad for my community."

Smith's shop, Hailina's Closet, opened last April and sells gently used children's clothing and toys. But new requirements of the Consumer Product Safety Improvement Act are forcing her to close Monday.

The safety law, which takes effect Tuesday, applies to manufacturers, importers and retailers, preventing them from selling children's goods that exceed a new and more restrictive lead limit.

It mandates that children's products cannot be sold if they contain more than 600 parts per million total lead.

Certain children's products manufactured on or after Tuesday cannot be sold if they contain more than 0.1 percent of certain specific phthalates, or if they fail to meet the new mandatory standards for toys. The total lead limit drops to 300 ppm on Aug. 14.

Congress passed new laws last August to broadly improve consumer-product safety after a slew of high-profile recalls that involved dangerous toys and other children's products.

Many agree the law's purpose is sound, but its wording is confusing. On one hand, sellers of used children's goods aren't required to verify their products meet the new lead limits. But if resellers sell products in violation of the new limits, they could face civil and/or criminal penalties.

"Their intentions are in the right place, but they didn't think it through before they wrote it up," said Smith, who's planning on donating her unsold inventory to charities. "It's over the top. I don't think they thought of all the details."

Managers for other second-hand stores, such as Goodwill Industries, the Salvation Army and St. Vincent Center, are equally perplexed by the law and hope it won't change how they operate.

"As long as we follow the rules on recalled products, I think we'll be OK," said Lisa Simmons, director of operations for St. Vincent Center in Union Gap. "We're still trying to get more information. The way the law is worded now, it is ambiguous."

Matthew Erlich, media relations manager for Tacoma Goodwill Industries, said he, too, needs additional guidance on the law from local legislators and the Consumer Product Safety Commission.

"We'll obey the law because that's important to do," he said about Tacoma Goodwill, which has a service area covering Yakima, Longview and nearly all of the Olympic Peninsula. "We want to make sure we demonstrate the highest level of safety and good-faith practices to comply with the law. We absolutely want to do that."

To help achieve this objective, he said Goodwill is developing a list of products and product attributes that are scientifically known to exceed the new lead limits. The list will be publicized to ensure those items stay off store shelves. Goodwill will also rely on customers to point out questionable items, Erlich said.

Erlich and Neal Shay, Northwest division retail director for the Salvation Army, said they are concerned the new law could curb donations. The merchandise they're given is sold to help local residents -- such as through job placement and training programs.

If they have fewer products to sell, revenue would drop and numerous community programs could then be adversely affected, they said.

"At this point, we're at a holding pattern until the 10th," Shay said. "We're obviously hoping that thrift stores get some kind of waiver. Otherwise, any (children's) donations we get, we'll have to recycle."

Because of the law, retailers will have to more closely inspect the donations they receive. The items of most concern include metal jewelry, small parts, recalled products and other known hazards that pose the greatest dangers to children.

Resellers remain unclear on how the law will be enforced.

Erlich said Tacoma Goodwill stores provide a necessary service for families of limited means. If people couldn't shop there, they'd collectively spend about $22.9 million more each year to buy new children's clothing and products elsewhere.

"What you'd have to pay at a new retailer would cost a lot more," he said. "We want to make sure we find common sense solutions to make sure families facing tough economic times can at least clothe their children."

Smith consulted an attorney on the lead law and said she had to decide quickly whether to keep her store open.

She has a large inventory. Her lease is up for renewal in March, and she owes $8,500 in store credit to her customers. She also has no way of knowing if the zippers and buttons on the clothing have lead in them.

For these reasons, and to avoid the risk of prosecution, she knew closing her store was the best option. But that didn't make the decision any easier. Her husband recently lost his job, and she is unsure of what she will do next.

"I'm definitely angry," she said. "I had just bought my partner out. I feel like the rug was pulled out from under me."

* Erin Snelgrove can be reached at 577-7684 or esnelgrove@yakimaherald.com.