Hatch fighting unintended consequences of lead law

Sen. Orrin Hatch, R-Utah, is calling for congressional hearings into a new law that could unintentionally lead to the closure of many thrift shops.

Hatch said in letters to Senate leaders that he is worried about the unintended consequences of the Consumer Product Safety Improvement Act passed last year, which goes into effect on Feb. 10, that makes it a criminal offense to sell items that contain lead.

Owners of thrift shops in Utah and elsewhere have said the law could force them to close if they are unable to afford expensive testing of all their used toys and other items for lead. They say the law is making insurance expensive, and they worry about potentially facing criminal charges or civil lawsuits.

Hatch said he has also heard from handicraft stores and small-toy manufacturers in Utah that are worried about the new law.

"Unless there are some changes, the legislation could end up placing undue hardships on many Utah companies," Hatch wrote. "That is neither desirable nor acceptable, especially during these tough economic times."

The law will for the first time set limits on lead and other hazardous materials found in products manufactured for children ages 12 and younger. It was passed by Congress in response to a flood of lead-laden products coming into the country, especially from China.

Although it is aimed primarily at manufacturers and importers, its reach extends to thrift shops, online sites and yard sales.

Shauna Collins, founder of Kid to Kid, a Salt Lake City-based chain of about 80 children's resale shops around the U.S., said the law is too broad and needs to be modified. She would like to see the 12-and-younger age range lowered.

"It's primarily toddlers that put things in their mouths," she said.

One problem for thrift shops is identifying the banned items among inventories of thousands of products, which were often made years ago and lack identifying marks.

With possible fines as high as $100,000, some stores are closing and others are phasing out children's products, said Adele Meyer, executive director of the Michigan-based National Association of Resale and Thrift Shops. She is leading a fight to gain exemptions for resale stores.

Before the Consumer Product Safety Improvement Act was passed in August, high levels of lead were found in dozens of products, including children's jewelry, backpacks and ponchos. Lead can be found in buttons or charms on clothing and on appliques added to fabric.