Legislation meant to protect America's children has some area business owners fearing for the health of their livelihoods and those of fellow retailers.

The Consumer Product Safety Improvement Act (CPSIA) was signed into law Aug. 14, 2008, but many of its mandates take effect Tuesday, Feb. 10. Congress passed the act in response to numerous recalls of children's products, particularly imports, many of which contained lead or lead-based paint.

"We all want our children to have safe things," says Laura Turman, owner of One Two Kangaroo Toy Store (www.onetwokangaroo.com) in Shepherdstown, W.Va.

Also viewing the CPSIA from a maternal standpoint, Tiffani Graves of Martinsburg, W.Va., says "the intention behind the law was good."

From a professional point of view, however, she sees it as a harmful measure that could force her to shut down her custom cloth diaper-making business.

"I think there were a lot of things they didn't anticipate," Graves says of those who created the law, including the downward spiral of the economy that followed its passage.

In December, when Graves heard about the legislation, "my first reaction was utter disbelief and my next was a migraine," she says. The mother of six and owner of Mudpie Babies (www.mudpiebabies.com) says the legislation is so hard to interpret that 10 lawyers could read it 10 different ways.

Graves is most concerned about the requirements for lead testing of children's merchandise. Manufacturers and private labelers of children's products must have their wares tested by accredited independent labs and must issue certificates showing the products meet lead content standards, according to the U.S. Consumer Product Safety Commission's Web site (www.cpsc.gov/about/cpsia/cpsia.html). The CPSC is responsible for enforcing the new consumer product safety law.

According to documents dated Jan. 15, the commission is considering exempting some materials from the lead-testing requirements, including wood; natural fibers such as cotton, silk, wool, hemp, flax and linen; and other natural materials such as coral, amber, feathers, fur and untreated leather because they typically do not exceed the acceptable limits outlined by the CPSIA. Those materials' possible exclusion from testing only applies if they are not treated with any additional chemicals, such as pigments, dyes and coatings, according to the documents found on the CPSC's Web site.

While Graves is confident the diapers she sells mostly online will pass muster, proving that is just too pricey.

"I provide a reliable product that is free of lead and phthalates (chemicals used to make plastics more pliable)," Graves says.

Graves says she would have to start making larger quantities of each of her diapers so they could be tested. That would negate the customized aspect of her business, making it one of the "dime-a-dozen" cloth diaper producers available.

To make up for the testing costs, she would have to raise the prices of her creations, which she says are already on the "upper end" of the cloth-diaper spectrum. Her most basic diapers cost $20 to $30 each, but the embroidered varieties, which are her best sellers, cost $5 to $35 per diaper for the embroidery alone.

A tough sell

Like Graves, Jennifer Guenther is frustrated by the wording of the CPSIA.

As the CEO of Enkore Kids in Boonsboro, which sells new and used items, including clothing, toys, equipment and baby carriers, she is particularly concerned about the law's guidelines for secondhand wares.

While the CPSC's Web site says those who sell used children's products are not required to certify that their merchandise meets the new lead limits or phthalates standards, it adds that those who sell items that exceed the limits could face civil and/or criminal penalties.

As the law stands now, "we are definitely opened up for liability," Guenther says.

She says she vigilantly checks recall notices and pulls any items she finds on the lists off her shelves

"I have done my due diligence as best I can," says Guenther, the mother of an 8-year-old daughter.

She considered purchasing X-ray-type guns that test for lead but their $30,000 to $50,000 price tags are prohibitive.

"We can't afford the testing," Guenther says.

She isn't the only one.

Brien Poffenberger, president of the Hagerstown-Washington County Chamber of Commerce, says while the CPSIA is "well-intentioned, with a lot of upsides," the high cost of lead testing could strain small businesses.

"Their cost structure cannot withstand the rigor" of the mandates, particularly when the economy is suffering, Poffenberger says.

"If you're making a million widgets and I'm making 100 widgets, the cost of testing is the same," Poffenberger says.

But a large retailer can spread those costs out over a larger number of products and therefore will not have to raise its prices as high as a smaller merchant would, Poffenberger explains.

Turman is concerned about the "mom-and-pop" operations and about artisans who invest so much time in their handiwork but who might have a hard time affording the testing necessary to be able to sell their creations.

"It can become onerous for a certain part of the population," she says of the legislation.

As for One Two Kangaroo's merchandise, Turman is not concerned. She is a member of the American Specialty Toy Retailing Association, which is providing its members with consultants to help them wade through the legislation and comply with it.

Turman says many of the items she has received recently for her store's shelves came with full documentation of their compliance with CPSIA standards, adding that many of the items she sells exceed the required safety levels. For vendors who haven't already done so, she is asking them to provide certificates of conformity, particularly to the more stringent standards that go into effect in August.

As the mother of two, ages 5 and 2, Turman is well aware of the need to protect children's well-being.

"They (my children) are primary motivators in my life for everything," she says, including the items she sells in her store, the groceries she buys and the car she drives.

The debate heard 'round the country

The CPSIA has sparked concerns on various levels, including on Capitol Hill, where lawmakers have written letters to U.S. Rep. Henry A. Waxman, D-Calif., chairman of the Committee on Energy and Commerce, asking to postpone its enactment so possible consequences can be reviewed. Among the jurisdictions for the committee are consumer affairs and consumer protection.

A multiparty lawsuit and application for a temporary restraining order to stop enforcement of the CPSIA is in the works. Details of the lawsuit can be found at http://reformcpsia.org.

Guenther has been in frequent contact with the office of U.S. Rep. Roscoe Bartlett, R-Md., and has been assured that the law will not clamp down on consignment shops such as hers.

Still, she feels unsettled.

Instead of focusing on growing her business through efforts such as advertising campaigns, "I've been working to save my business," she says.

That means talking to customers and other consignment shop owners about the new law, and asking them to voice their concerns to politicians about its possible impact. Guenther says she does not plan to go the way of some consignment shops that are eliminating their children's departments or closing altogether, in part due to the costs and risks of litigation associated with the legislation.

Some highlights of CPSIA

Some highlights of the Consumer Product Safety Improvement Act (CPSIA), according to the U.S. Consumer Product Safety Commission Web site, www.cpsc.gov/about/cpsia/cpsia.html:

• Lead: The CPSIA lowers the amount of lead that children's products can contain. By Tuesday, Feb. 10, products designed or intended primarily for ages 12 and younger may not contain more than 600 parts per million (ppm) of lead. Sale of such products with lead content higher than that can result in civil and criminal liability. Starting Aug. 14, the lead requirements on such merchandise will be reduced to no more than 300 ppm. The limit goes down to 100 ppm on Aug. 14, 2011, unless the CPSC decides that is not a feasible limit.

Some children's products might be exempt or excused from the new lead limits if a component part containing lead is inaccessible, as determined by the commission.

Paint, coatings or electroplating are not considered barriers that would make the lead content inaccessible. After Aug. 14, the CPSIA mandates that paint and similar surface-coating materials for consumer use must be reduced from 600 ppm to 90 ppm.

• Testing requirements: The new legislation imposes a third-party testing requirement for all products primarily intended for ages 12 and younger. Manufacturers and private labelers of children's wares must have their products tested by accredited independent testing labs and, based on the testing, must issue certificates showing the products meet all applicable CPSC requirements.

The CPSC may accredit laboratories for the required testing or designate independent accrediting organizations to accredit the testing laboratories, with one exception: the CPSC must accredit laboratories controlled by the manufacturer of any children's product in question. The CPSC is required to maintain an up-to-date list of accredited labs on its Web site.

The third-party testing and certification requirements for children's products are being phased in as follows: Lead paint, testing requirements began Dec. 22, 2008; cribs and pacifiers, January (2009); small parts, this month; metal jewelry, March; and baby bouncers, walkers and jumpers, June.

• Phthalates: Three phthalates (chemicals used to make plastics more pliable) - DEHP, DBP and BBP - have been permanently prohibited by Congress in concentration of more than 0.1 percent in toys for those 12 and younger, and in products that ages 3 and younger could use for sleeping, feeding, sucking or teething.

Three more phthalates, DINP, DIDP and DnOP, have been prohibited pending further review. The interim prohibition applies to child-care articles and toys that contain a concentration of more than 0.1 percent of those phthalates, and that could be placed in a child's mouth.

• Secondhand stores: Sellers of used children's products, such as thrift and consignment stores, are not required to certify that their products meet the new lead limits or phthalate standards. The new law does not require resellers to test children's products in their inventory for compliance with the lead limits before they are sold. However, resellers cannot sell products that exceed the lead limit. Those who do could face civil and/or criminal penalties.

Know more

Some Web sites with information and opinions about the Consumer Product Safety Improvement Act (CPSIA):

• U.S. Consumer Product Safety Commission: www.cpsc.gov/about/cpsia/cpsia.html

• Reform CPSIA: http://reformcpsia.org

• www.enkorekids.com - click on EK Blog to read about the CPSIA

• www.rallycongress.com/make-second-hand-kids-clothes-legal-/1471

• American Specialty Toy Retailing Association: www.astratoy.org (click on CPSIA Updates under the "For Members" heading)