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MARTHA'S VINEYARD GAZETTE
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Archived Edition:
Friday, March 6, 2009

Thrift Stores Scrap All Children’s Stock

By JIM HICKEY

dolls
At a time when the crumbling national economy is forcing many Vineyard families to seek bargains on kids’ clothing, toys and games, both Island thrift stores have been forced to throw away nearly their entire inventory of children’s items due to a new federal law designed to protect children from lead products.

Now any store found distributing children’s products containing lead would face thousands of dollars in fines — so the second-hand stores in Tisbury and Edgartown this week cleared their stores of children’s merchandise in dismay.

The law, called the Consumer Product Safety Improvement Act, was passed by Congress last year and signed into law by then-president George W. Bush after a wave of highly publicized tainted-toy recalls, many of which were aimed at toy manufacturers in China. It took effect on Feb. 10. The new rules ban lead content beyond minute levels of 600 parts per million in any product for children age 12 and younger. The law makes it illegal not only to manufacture lead-laced products, but also to sell or distribute them, no matter when the products were made.

Since many older products containing lead found in second-hand shops have never been tested, and because such stores cannot afford to test the items themselves, thrift stores and consignment shops across the nation have been forced to throw away a large section of their inventory to avoid fines levied by the federal government.

Both the Martha’s Vineyard Second Hand Store in Edgartown, run by the Island chapter of the Boys’ and Girls’ Club, and the Thrift Shop in Vineyard Haven, run by the Martha’s Vineyard Community Services, have been forced to throw away hundreds or perhaps thousands of children’s items with potentially lead-carrying zippers, buttons, painted fabrics or decals.

“We had to clear out the toys, the kids’ clothing, the dolls . . . everything had to go,” said Dolly Campbell, assistant manager of the Vineyard Haven Thrift Shop, painting a scene straight out of Dr. Seuss’s How the Grinch Stole Christmas. “I understand why they passed the law, but they didn’t think it out very well. Now we don’t have any toys or children’s clothing for families in need. What kind of sense does that make?”

Deborah Alpert-Sylvia, director of the Second Hand Store in Edgartown, picked up the theme.

“It’s sad and it’s disconcerting. I feel terrible for the customers that rely on our store. This [law] is frustrating, but it is especially upsetting now. People need these bargains now more than ever. The timing of this couldn’t have been worse,” she said.

The law as written not only prevents thrift stores from selling children’s items that contain lead, but it also makes it illegal to give those items away for free.

Mrs. Alpert-Sylvia said she just cleared most of the children’s items from her store earlier this week, although she confides she gave people one last opportunity to take certain items if they needed them. “I sort of told everyone, ‘Okay! I’m throwing this stuff out now! It’s going to be in the trash if anyone wants it!’” she said.

But the law has effectively forced the store to scrap almost its entire collection of children’s items. She said she plans to keep some items in storage, in hopes that she can put them out for the busy summer season if the law is amended.

“What’s next? Will we no longer be able to say hello to our neighbors? Does this law make the world a better place? I don’t think so,” she said.

Ms. Campbell said the law also means both stores can no longer accept most children’s items.

“People come in to drop stuff off and we tell them we can’t take it. We tell them we want to, but we can’t,” she said.

Ms. Campbell said store officials briefly considered simply ignoring the law and continuing to sell the items. But officials at the National Association of Resale and Thrift Shops (NARTS), which provides educational and professional development for thrift stores across the nation, advised them to heed the law or face the possibility of massive fines.

When contacted by the Gazette Wednesday, Adele R. Meyer, executive director for NARTS, said the new law has already done more harm than good.

“It’s so far-reaching and far-fetched it defies common sense. This was just a knee-jerk reaction about China, and it has already created more problems than it has solved,” Ms. Meyer said, adding:

“Families across the country are desperate now to find affordable children’s items; but instead we’re throwing millions of toys, books and kids’ clothing into out nation’s landfills.”

The new law may have other unintended consequences as well. For instance, it could force all books for children 12 and under held in public and school libraries to undergo testing for lead and other potential harmful substances. Last month, the Consumer Product Safety Commission granted a one-year stay of testing and certification requirements for books in libraries, although that stay does not apply to operations such as thrift stores.

The American Library Association is now asking librarians across the nation to wait a year while the association lobbies hard to exempt children’s books from the law.

Felicia Cheney, director of the Edgartown Public Library, said the new law could force the library to either undergo expensive testing or do away with many children’s books and toys.

“In theory it could force us to get rid of our entire children’s section. But right now we are just waiting to see what happens with the law. We’ve had to shut down our children’s section twice already, once because of mold and once because of [furnace problems]. Maybe the third time will be the charm,” she said.

The new law might also affect artisans and craftsmen who make children’s toys and jewelry. Mark Forrest, chief of staff and Cape and Islands liaison for U.S. Rep. William Delahunt, said complaints about the unintended effects of the law are now reaching the congressman’s office.

Mr. Forrest encouraged anyone with concerns about the new law to contact Mr. Delahunt’s office.

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