The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.
So resellers won’t have to test their inventory — but they could still be criminally liable for selling products that would have failed those tests. So, what — they have to guess?
That’s not a situation I’d want to be in as a business owner. That’s like owners of old homes being liable for lead paint applied 40 years ago.