Retailers worry new laws bad for business

Retailers worry new laws bad for business

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By Laura Rillos KVAL News

EUGENE, Ore.--Wood toys and clothing made from organic materials line the shelves of Bambini, a children's store with two locations in Eugene.

Come Feb. 10, most of the items will be unsellable because store owner Shannon Arm can't prove they're lead free.

"This is my livelihood," said Arm.  "I feed my children with this business. It's my life.  It's incredibly scary." 

Stores like Bambini, and the products they sell, became popular after massive toy recalls.  Parents turned to natural toys because they knew they were free of lead and pthalates, a chemical used to make plastic.  Ironically, a new law may end up removing many of those products off the shelf.

Federal legislators passed the Consumer Product Safety Improvement Act last year.  It requires toy manufacturers and importers--no matter the size of the company--provide a certificate showing any product designed for children under the age of 12 meets federal safety standards, which include testing for lead and pthalates.  That testing must be done by a third party.

No problem for large corporations, but some small toymakers say the testing will be unaffordable.

"Again the quote we received for testing of wood rattles was $3800.00 per batch," Heather Robbins, of Earnest Efforts, wrote in an e-mail. 

Robbins, a Roseburg resident, makes wooden rattles from salvaged wood, beeswax and beads already tested for lead.  She makes rattles in batches of 100.

"I want to emphasize as well that we, as a group, agree that there does need to be strict enforcement of toy safety for our children, but that the unintended consequences of the Consumer Product Safety Improvement Act (CPSIA) could be disastrous for micro and small businesses all over the US," Robbins wrote.

Arm is in the process of getting for the thousands of products in her store.  As of Monday, she had two on file, with six more promised to be on their way.

She believes the toy and clothing makers who market their products and lead and pthalate free.  "But I don't have the paperwork on file, so I become liable." 

Arm only learned of CPSIA recently.  She says the law is confusing, but believes she'll have to get rid of all her products in February if she doesn't have a certificate for each company.  She's contacted lawyers to confirm her suspicious, but many haven't even heard of the law.

She's put the store's entire inventory on sale--better to sell items at a reduced price than throw them away completely.

Julie Vallese, spokesman for the Consumer Product Safety Commission, says they are looking into exemptions for small retailers and toymakers and hope to resolve the matter soon.

"The Commission is very much aware of the looming deadline," said Vallese.

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