Does Anybody Here Have a Business Geared Toward Kids?

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Question 15: How can I determine if something has lead in it before I sell it?
Resellers, in particular, need to make sound business decisions about the products they sell. As a practical matter, you must either:
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Test the product;
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Refuse to accept or sell the product, which will mean disposing of it if you already have it in your inventory;
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Use your best judgment based on your knowledge of the product; or,
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Contact the manufacturer about questionable products.

It would make sense to test, rather than discard, any suspect children’s products that have a high resale value. You may want to hire a qualified, trained person in your area who can quickly screen all of your suspect products with a handheld device called an X‐Ray Fluorescence (XRF) machine.

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Not impose penalties against anyone for making, importing, distributing, or selling

* a children’s product to the extent that it is made of certain natural materials (pdf), such as wood, cotton, wool, or certain metals and alloys which the Commission has recognized rarely, if ever, contain lead;
* an ordinary children’s book printed after 1985; or
* dyed or undyed textiles (not including leather, vinyl or PVC) and non-metallic thread and trim used in children’s apparel and other fabric products, such as baby blankets.

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A children’s product is one designed or intended primarily for children 12 years of age or younger. Toys, clothes, furniture, books, jewelry, blankets, games, CDs/DVDs, strollers, and footwear may all be considered children’s products.
In determining whether a consumer product is “intended primarily” for a child 12 years of age or younger, the following factors will be considered:
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A statement by the manufacturer about the intended use of the product, including a label on the product, if such statement is reasonable.
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Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.
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Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

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Question 13: I donate the children’s products that I make to local charities and hospitals. Can I continue to send them my handmade donations?
Yes, you can make and donate children’s products to local charities and hospitals, if they are made of exempted materials or materials that you feel confident do not contain lead (see Table B). Children’s products made of yarn, dyed or undyed fabrics and natural materials such as untreated wood or cotton do not contain lead at levels sufficient to exceed the new lead limits.
If your products are made for children 12 and under, they will need to be third‐party tested if you use paint or a similar surface coating. Products for children under 3 will need to be tested to the small parts standard if you create a product (such as a toy, puzzle or doll) that could break into small pieces when used, dropped or otherwise handled by a child.
Avoid making and donating children’s products with soft vinyl or plastic, buttons or zipper pulls, or metal jewelry or embellishment or other pieces that may exceed the lead or phthalates limits.

killing off a multimillion-dollar industry that was thriving despite the recession.

Passed by Congress after a series of reports concerning toys made in China with lead, the law bans sale of products aimed at children if they contain more than 600 parts per million of lead, says Joseph Martyak, chief of staff to the acting chairman of the U.S. Consumer Product Safety Commission.

Lead is found in steel and other metal alloys in the frame, motor and multiple other parts, said Paul Vitrano, general counsel for the Motorcycle Industry Council. The lead strengthens the metals and resists corrosion.

[...]

Children appeared perplexed by the ban.

"Are you kidding? This is silly," says Zack Bartell, 12, who was taking a dirt-bike riding lesson at School for Dirt's track next to Kawasaki Motors' U.S. headquarters here.
"There's no way I'm going to stick a motorcycle part in my mouth."

I am very sad to announce the closing of Jen Lynn Designs as of 2/10/09. I have really put my heart into this business and will miss it. However, the CPSIA regulations that take affect today require expensive product testing that, as a small producer, I simply can not afford.

He expects the ordeal to cost him $250,000 in lost sales and penalties from the retailer.

"We're toast," Hoyt said. "There's nothing that's going to help me."

There's a big exception though. Jennifer Baker, library director with the St. Helena Public Library in Napa Valley, said the law still puts off limits to children rare, older books. She said one library at which she worked kept a collection of Mother Goose books from the early 1900s, while others retain original copies of old classics, like those from the Nancy Drew or Tom Swift series, she said. I guess they'll have to wait til they're adults to enjoy the books.

That said, my hope is that they find some middle ground and do not eliminate it altogether. It's been the mindset that "the market forces" will manage these things for too long, and we see where that got us.