“They’ll all have to go to the landfill,” said Adele Meyer, executive director of the National Assn. of Resale and Thrift Shops.
WRONG.
You now need a permit to dump something that might have lead in it in a landfill.
Exactly. They put untested children’s clothing in the category of “banned hazardous substance,” which means that introducing it into “interstate commerce” is prohibited.
And given the way the courts have ruled on drug cases, “interstate commerce” involves giving it away to your neighbor.
Maybe or maybe not depending on the amount of material in question. There are exemptions in the regulations for small businesses. The draw back is they will still have to have the stuff tested for lead in order to dispose of it legally. Lead-contaminated wastes with TCLP levels at or above 5 parts per million lead are defined as hazardous and must be handled and disposed of in conformance with hazardous waste laws and regulations(Your state may be different).
Advantage is at the consumer level, they can toss it in the trash without federal restrictions. So the ‘garage sale’ folks can simply throw the questionable materials away.