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Some Stores Still Allowed To Sell Untested Toys

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Some Stores Still Allowed To Sell Untested Toys

SAN FRANCISCO (CBS 5) ― Some last-minute changes were made to a new law that would require testing for lead and phthalates on all products made for children 12 and under. Lead is a well known contaminant that can be linked to brain deficits and neurological damage. Phthalates are chemicals used to soften plastic and have been strongly associated to defects in reproductive systems.

The Consumer Protection Safety Commission has given preliminary approval to some exemptions after thrift stores, independent toymakers, and craft shops argued they could not afford to test for toxins.

As it stands, the Consumer Product Safety Improvement Act, set to take effect on February 10, would force small businesses to spend tens of thousands of dollars on testing, potentially driving thrift stores out of business.

John Latchford, President and CEO of Goodwill Industries of the Greater East Bay, believes manufacturers should be accountable. New chemical testing rules forcing the consignment industry, whose primary source of goods comes through individual donations, would take away from Goodwill's mission of putting disadvantaged and disabled people to work.

"I think it's a situation in which we would stop accepting such donations, which would amount to 4% of our revenue stream. That translates into big dollars for us and, obviously, that's going to have an impact on our ability to offer up the mission," Latchford said.

Melissa Warren and Steffany Lockhart say they have seen their dream materialize and are now owners of The Kidz Shoppe, a children's resale store that has been serving the San Jose community for 17 years. Lockart believes the law, the way it is currently written and interpreted without any revisions, would force them to shut their doors.

"Unfortunately, consignment stores don't have that kind of dollar flow, cash flow to be able to foot lead-testing on every item in the store. A lot of stores wouldn't be able to do it," said Warren

But now the majority of their items can be sold. The CPSC has decided that the following items are tentatively exempt:

-Products with lead parts that a child can't access
-Items made of natural materials like clothing and wood
-Electronics

Renee Sharp, Senior Analyst of California's Environmental Working Group, says the law is really trying to push manufacturers towards a greener economy and that's exactly what her organization wants to see.

"It would be unfortunate if, basically, the people who could afford to buy new toys were getting safe toys and people who couldn't afford to buy new toys are getting these unsafe toys," Sharp said. "And that goes back to needing a better chemical policy in place at the federal level such that we don't have dangerous chemicals in the market."

For the next 30 days the public is invited to give their opinion on these proposed changes to the Consumer Product Safety Commission before final rules are approved. Sign up to receive CPSC e-mail and find out how to submit comments by visiting www.cpsc.gov.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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