The CPSC issued an update a few days ago. Here is the relevant part:
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.
Here is the link for the full press release: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html
Small businesses are still affected and 1000's of self employed people and crafters will be put out of business. Hopefully we can all band together and help our representatives craft legislation that actually helps everyone.