Toy safety law takes effect today

A new federal law regulating lead and phthalate levels in children’s toys takes effect today. The law is a big step forward for children’s health and safety.

After today retailers cannot sell toys with more than 600 parts of lead per million; the law also limits phthalates.

The Consumer Product Safety Improvement Act was weakened recently when the Consumer Product Safety Commission decided to postpone a key element of the law’s enforcement for another year. As the law stands now, manufacturers and retailers will be held to new lead and phthalate standards, but they won’t be required to test their products to ensure they are in compliance.

The last-minute change has caused confusion for retailers and the public, according to a statement from Coalition for a Safe and Healthy Connecticut.

But incompetent implementation of the law by the Consumer Protection Safety Commission (CPSC) has alarmed small business owners and led to weakening this important step toward protecting children from toxic chemicals. A climate of confusion has led some, including thrift stores and even libraries, to fear costs even though the new testing requirements apply only to product manufacturers.

Lead is a well-known neurotoxin and phthalates are plastic-softening chemicals, which have been linked to breast cancer, infertility and other health problems. The regulations are a response to the massive toy recalls in late 2007 when millions of toys, many made in China and tainted with lead, were pulled from store shelves.

“Parents, grandparents, and the general public were appalled to learn that toys had dangerous levels of toxic chemicals so there was widespread support for new government standards to prevent harm to kids,” said Deanna White, co-director of Minnesota’s Healthy Legacy.

“It’s a failure of U.S. chemical laws that allow the continued use of toxic chemicals in materials like paint and plastic that end up in children’s toys.  We need to detoxify the supply chain so that small manufacturers as well as consumers aren’t caught holding a bag full of toxic products.”

Parents who want to ensure the toys they buy are safe can call retailers and ask if they are in compliance with the new standards. Parents can also refer to healthytoys.org for safe toy choices.

To clear up any confusion on the new law, the San Francisco Chronicle has this guide to the key elements of the law.

The law:

• Is aimed at lead in products for children 12 and younger, and plastic softeners called phthalates in products for children younger than 3.
• Gives state attorneys general authority to enforce consumer product safety laws and act to remove dangerous products from shelves.
• Requires manufacturers and importers to test and certify that toys have passed U.S. safety standards before they are sold. The federal government granted manufacturers a one-year extension for testing of most products. But businesses will be barred immediately from selling products that violate the new law.
• Sets fines up to $100,000 per violation, $1.85 million to $15 million for repeated violations and up to five years in prison for knowingly violating the law.