The Consumer Product Safety Improvement Act of 2008 has one local thrift shop pulling children’s toys and clothes off the shelves while other resellers continue to do business as usual.

Because of massive recalls of Chinese toys in 2007, the Consumer Product Safety Improvement Act was signed into law on Aug. 14. The CPSIA aims to protect children 12 and younger from dangerous exposure to lead and phthalates by placing new restrictions on the amount of lead and phthalates allowed in children’s clothes and toys. It also made it illegal to sell children’s products that have been recalled.

Gregory May, co-owner of Once Upon a Child in Cary, said when heheard the new law, “We didn’t panic.” Once Upon a Child, like other franchise resellers, will continue to sell children’s products made before Feb. 10 and will continue to put all of their products through vigorous recall checks. “We’ve been checking all along and will continue to check,” May said. Once Upon a Child, along with most other resale stores, is constantly updated by the CPSC about new recalls.

The CPSIA, which will transfer the responsibility of monitoring lead and phthalate levels from the retailers to the manufacturers and importers, had many thrift and consignment stores uncertain about the legality of selling used children’s items.

On Jan. 8 the Consumer Product Safety Commission issued a press release to clear the confusion. It stated that the new safety law going in effect Feb. 10 does not require resellers to test their used children’s products before they sell them. However, it is illegal to sell children’s products that exceed the new lead limit and to sell products that have been recalled.

Cathy Wagoner, the owner of Children’s Orchard in Raleigh, will also continue to sell children’s products. “We are adhering to that strictly,” Wagoner said in reference to the CPSIA’s restriction against selling recalled items.

Howard Manning is the executive director of Christian Community in Action, which has an outreach program that is directly funded by their Dorcas Thrift Shop in Cary. Manning said that starting Feb. 7 the Dorcas Thrift Shop will no longer sell clothes and toys for children under 12 until the law becomes more clear. This decision will cost the Dorcas Thrift Shop more than $50,000 in annual revenue, he said.

“We have a commitment to the public to comply with local and federal regulations,” Manning said.

The Dorcas Thrift shop, like most other resellers, is connected with the CPSC and has always enforced a strict policy of recall checks even before the new law was enacted, but they have decided to discontinue selling children’s items.

“It’s really gonna impact people who shop here for necessities,” Manning said.