Resale stores celebrate a reprieve

Sellers of used toys feared new safety laws would shutter them

RALEIGH -- Thrift stores and consignment sales specializing in selling used toys and children's clothes got a reprieve Thursday when federal regulators clarified rules that could have put them out of business.

After waiting and wondering most of this week, the shops were told they won't have to run expensive tests for lead and phthalates, but will still be prohibited from selling items that exceed stricter limits for lead set by the new rules.

Regulations which go into effect Feb. 10 limit the amount of lead and phthalates -- an additive that's used to make plastics soft -- in toys, clothes and other products for children ages 12 and under. Lead isn't safe at any level in children and can cause lifelong troubles including problems in learning and behavior. Phthalates have been linked to birth defects, among other concerns.

The stricter mandates require that all new products be tested for both lead and phthalates. Any existing products already in the warehouse or on store shelves also must be tested for lead regardless of when they were made. If they haven't been tested, they're considered dangerous.

On Thursday, the U.S. Consumer Product Safety Commission said that resale shops do not need to test their merchandise to see whether their wares meet the new lead limits, phthalates standard or other new toy standards. But resale shops are still forbidden from selling products that exceed the new lead limit.

"It's great news," said Kelly Rives of the Divine Consign Show, who moved up her sale in North Raleigh to the week of Feb. 2 and was contemplating changes to other sales she's involved with in Charlotte and Atlanta. "But I'm still going to go ahead with February and still have peace of mind."

Rives was one of at least three local consignment sale owners who moved up their sales dates to avoid the rules. Locally, consignment sale season for children's clothes and toys starts later this month with most sales in mid to late February.

Around Again Consignments in North Raleigh decided to stop accepting kids' clothes Tuesday, but started accepting them again Thursday after hearing the news from the commission.

The clarification still leaves people such as Mary Fulkerson and other small-business owners who make or sell children's products in limbo. Fulkerson, an Apex mom and owner of bella.jane.originals, makes bonnets and dresses for girls from vintage materials.

She has put on hold plans to sell her merchandise off her Web site. Fulkerson said she can't afford to test each of her individually made products.

"I've signed a petition, called, e-mail," Fulkerson said. "I don't know what else to do. I'm not getting any kind of answers. I'm not getting any kind of clarification. It's very, very frustrating."

Recalls prompted laws

Congress approved the legislation in August after millions of toys were recalled, including toys with lead paint and others with toxic chemicals. Many were made in China.

"The aim of the legislation is to help restore the confidence of parents that the toys and clothes they use every day are safe," said Scott Wolfson, a spokesman for the Consumer Product Safety Commission. "We carry that responsibility very seriously."

Local thrift store and consignment sale owners said children's safety is important to them.

"The main thing we do now is we check everything out against the recall list anyway," said Patrick Fish, who, with his wife, owns Kid to Kid consignment store in Cary's Crossroads. "And it's our policy not to sell recalled items."

Michelle Zimmerman, who runs the Twice As Nice sale in Apex with her sister, moved it up to Feb. 5 through Feb. 7. Until Thursday, she wondered whether next month's sale would be her last.

"I do feel like we will continue to have a sale," Zimmerman said. "We will just have to look at it a little further and maybe we don't accept toys or we don't accept as many toys. I think our future still looks good. We might have to make a few changes."