Typical Congressional reaction to a problem — quickly pass an overly broad law in a rush to do something without thinking through the consequences.

The testing is required under the Consumer Product Safety Improvement Act, which was passed in response to last year’s massive recalls of toys containing lead and other dangerous substances.
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“If they don’t change the law, we’d have to close our doors,” said Nick Christensen, owner of Little Sapling Toys in Eureka, Calif. “We won’t be able to afford the testing.”

His wooden rattles and building blocks, which retail for $20 to $40, would cost at least $1,500 per model to test, he said. Because he makes 20 models, his testing bill would be at least $30,000.

Christensen, who makes everything by hand, says the only things his products contain are wood and beeswax, and he’s bitter about being forced to test them for lead.

Other manufacturers say they’ve been quoted testing prices of $24,000 for a telescope, $1,100 for a wooden wagon and $400 for cloth diapers, according to the toy alliance.
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Many of the businesses affected by the law were created to make better, safer toys than those available at chain retailers such as Wal-Mart Stores Inc., said Dan Marshall, who owns a toy store in St. Paul, Minn., and founded the Handmade Toy Alliance.

The new testing rules are being phased in. By Feb. 10, children’s products must be accompanied by a manufacturer’s certificate that says they do not contain lead or phthalates, which are chemicals used to soften plastic.

On Feb. 15, children’s products will have to be tested by a third party to ensure that they don’t have small parts that could be easily broken off and swallowed. In March, children’s jewelry will be required to submit to third-party tests. Bouncers and walkers will have to be tested starting in June.

Retailers could also be hurt by the new law. Julie Vallese, a spokeswoman for the Consumer Product Safety Commission, said stores would not be allowed to sell inventory after Feb. 10 that had not been tested for lead content. That means if the products are made out of natural materials but have not been tested, they’ll have to be pulled from the shelves.

It’s a blow to retailers who are confused by the law and already hurting in a slow economy.