Bennett seeks to delay lead-testing standard

Sen. Bob Bennett, R-Utah, introduced Thursday a bill to delay a new law — now scheduled to take effect next Tuesday — that threatens to close thrift stores, or force them to stop selling children's products.

Bennett's bill would give the Consumer Product Safety Commission power to delay imposing new standards that Congress ordered last year for the amount of lead allowed in children's products. Violations could bring up to five years in prison and $250,000 in fines.

Many thrift stores and other small businesses complain that testing each item they sell for lead is expensive, and would force them to quit selling all children's products — and maybe even put them out of business.

The commission last week delayed for a year enforcing the lead testing portion of the new law. But Bennett said the commission "doesn't have the discretion to postpone the actual standard" of how much lead is allowed in products. So he said that means businesses could still face civil and criminal penalties for having products that do not meet those standards.

Bennett said his bill would allow the commission to delay the new standards "until they have finalized the rules and begin to enforce the law."

Bennett gave some examples of problems with the laws reported by Utah businesses.

"The Ogden Rescue Mission in northern Utah has two thrift stores that have been around for decades selling used goods. The owner has made it clear that he will stop selling any children's products on Feb. 10 because he doesn't want to break the law or be held liable for inadvertently selling a now-illegal product," he said.

"I have to believe that larger thrift stores like Deseret Industries, the Salvation Army and Goodwill Industries will all have similar concerns once the act is fully understood and implemented," he said.

Bennett said another Utahn who designs and makes baby dresses said she found that the law would make her have many different components of each finished dress tested for lead. "At $75 per test, one dress could end up costing $750. She told us that, in order to be compliant, the dresses would be so expensive that she'd never make a profit."

Bennett added, "At a time when we are debating how to stimulate the economy and keep businesses afloat, we should not overlook this problem that has the potential to cost our economy millions of dollars in litigation costs and many, many jobs."

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