Shop Owners Wary Of Toy Safety Law

Consumer safety authorities want to get the lead out of products for children, but some West Pasco shopkeepers are concerned a draconian new law could force them out of business.

Carol Vaporis, owner of the Duck Duck Goose Consignment store, near S.R. 54 and Seven Springs Boulevard, is among those protesting unintended consequences of the Consumer Product Safety Improvement Act going into effect Feb. 10.

U.S. Rep. Gus Bilirakis, R-Palm Harbor, wrote a letter Wednesday on behalf of owners of consignment shops, thrift stores and other retailers that provide gently used clothes, toys and other products to families struggling to make ends meet during the recession.

Bilirakis is waiting for an answer from Nancy Nord, chairwoman of the U.S. Consumer Product Safety Commission.

Congress passed the law last year after all the scares and recalls because of lead levels in imported toys, cribs or other children products, especially those manufactured in China.

The law requires all products intended for children age 12 and younger to undergo third-party testing for lead and another class of toxic substances, called phthalates, after Feb. 10.

"A charitable organization could not even give a used baby blanket under this law," Vaporis said in a December interview. Duck Duck Goose, which has thrived for 22 years specializing in children's items, could be forced to close its doors, she thinks.

The wording of the law is so vague it could apply to children's clothing, Vaporis believes. High-quality used clothing for youngsters is a staple of her consignment shop. The store's business has been thriving the past year as cash-strapped families hunt for bargains.

"Everyone I talk to thinks big business is behind it," Vaporis said Thursday. Chain stores selling new goods probably would prefer to limit competition from independent retailers, she said.

Most of her customers comment the new consumer protection law is "the stupidest thing they have ever heard of. They say it's up to them to protect their children and keep them safe and not the government. They feel it is just another choice being taken away from them as Americans."

The store owner devoted an entire section on the Duck Duck Goose Consignment Web site to raising awareness about the law. Go online to duckduckgooseconsignment.com/CPSIAlaw.html. Or download a copy of the law itself online at www.cpsc.gov/cpsia.pdf.

"This new law will affect all second-hand stores, even garage sales and charities," Vaporis writes on the store's Web site. "It will affect shoppers and consignors alike. It will affect EVERYONE!"

Certainly the goal of the new law had the best of intentions, Vaporis observes. "We all want our children to live in a safe environment." Dangerous goods were taken off the market last year.

But the new law "just doesn't make sense" to Vaporis. It would deny perfectly safe used items to struggling families that are looking for bargains, in her view.

The law would "just throw everything away and start over," as Vaporis understands it. "So much for recycling! So much for teaching our children to live on this planet responsibly! So much for going green!"

Nonprofit organizations in West Pasco also were concerned about the new law and lead levels.

The West Pasco Pregnancy Center staff checked all the baby bottles it was using, Executive Director Marion Bauer said. Some of the baby bottles that had been made in China were thrown out to be on the safe side, Bauer said.

Phthalates are often added to plastic to make it more flexible. Because of concerns over negative health effects, the use of phthalates is being phased out in the U.S. and Europe.

The pregnancy center, which gives out free clothes and toys to babies of clients, also discarded any toys or other products that were suspect. Babies often like to chew on toys and other items, Bauer noted.

"We're very, very careful about what we give out to our clients," Bauer said.

The pregnancy center board decided to be "extremely cautious" until there is some clarification of the new consumer product safety law.

Bilirakis hopes to get clarification of the law, which, he wrote in his letter to Nord, was intended to "protect children from harmful exposure to products containing lead and other dangerous chemicals."

Bilirakis expressed his concerns, however, "that this well-intentioned law may have unintended consequences that could negatively impact an important sector of my district and our economy,"

Bilirakis represents portions of Pasco, Pinellas and Hillsborough counties.

Owners of shops that sell used goods, Bilirakis wrote, have "indicated that they may be forced out of business because of their inability to comply with the law's third-party testing requirements."

Bilirakis asked for "regulatory relief to these businesses that will both protect children from dangerous products and ensure the continued survival of retailers that provide much needed products for deserving children and their families, especially in difficult economic times such as these."