The snopes article has pretty much declared this one false:
In other words, used children's items offered for resale after 10 February 2009 must still meet the new CPSIA standards regarding lead and phthalate content, but vendors will not have to have such items tested and certified. Vendors should therefore "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."
While the CPSC says "Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties," a reasonable interpretation of that statement as it applies to the sale of used goods would be that the agency will focus its attentions on those retailers who blatantly take a cavalier attitude towards the used childrens' items in their inventory by continuing to vend merchandise items they have good reason to suspect contain lead.
http://snopes.com/inboxer/pending/cpsia.asp
SofaMan - Occasionally Battling Evil with his Mighty Powers of Indolence