Safety rules on lead in kids' products perplex and polarize
— -- A federal law taking effect Tuesday makes it illegal for anyone to sell children's toys, books, clothes and jewelry if the items contain virtually any lead or phthalates, chemicals commonly found in plastics. But testing whether the products contain either is not required for a year. And a bill co-sponsor told the agency in charge of enforcing the ban that it doesn't necessarily have to do so.
Confused?
So is a collection of librarians, department stores, thrift shops and work-at-home eBay sellers.
The Consumer Product Safety Improvement Act, signed by President Bush in August, was supposed to clear up confusion for consumers and businesses about the safety of items sold for children under age 12.
The law came about after a 2007 outcry and recall of lead-tainted toys and children's products, many from China. It sets limits on how much lead or phthalates are allowable and requires manufacturers, importers and retailers to prove their products or clothing have been tested.
But late last week — bowing to pressure from businesses and librarians — the Consumer Product Safety Commission changed course and delayed the testing requirement until February 2010. It kept the ban in place and is writing rules aimed at clarifying much of the confusion, but those will not be finalized for months.
Businesses and safety advocates are polarized and perplexed.
Toy Industry Association President Carter Keithley says the decision amounts to a "don't ask, don't tell, but don't sell" policy.
Lead has been banned for decades in house paint and in paint used on toys because it causes brain and kidney damage. Phthalates are linked to genital malformations in boys and interfere with the endocrine system.
Along with prohibiting lead or phthalates in kids' products, the new law makes other safety standards — for cribs, high chairs, strollers and other items — mandatory.
Once the testing requirement kicks in, manufacturers, importers and retailers must have certificates showing their products were tested and meet the new limits. Testing will cover every aspect of a product or piece of clothing, such as the ribbon on a hair barrette.
