Read this "clarification" of the CPSIA very carefully:
The new law requires that domestic manufacturers and importers certify that children's products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children's products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.
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.
(excerpted from "CPSC Clarifies Requirements of New Children's Product Safety Laws Taking Effect in February: Guidance Intended for Resellers of Children's Products, Thrift and Consignment Stores" at http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html )
So, essentially, resellers, thrift, and consignment stores are exempt from the testing and certification requirements, but will still face stiff penalties if they accidentally sell something that contains lead or phthalates. Sure, that's great news - they escape the up-front cost burden, but still assume a risk if they sell secondhand goods that turn out not to be compliant. As if they had any control over the manufacturing process or materials that went into those goods.
But of course, now that we KNOW this... think there will be a huge uptick in donated toys and children's clothing prior to February 10?