Consumer Product Safety Improvement Act
Update:
On August 26, 2009, the Consumer Product Safety Council (CPSC) released its final rule on children’s products containing lead. In the rule, the CPSC confirmed that libraries have no independent obligation to test library books for lead under the law. The CPSC also announced its intention to release a Statement of Policy specifically providing guidance for libraries with regard to the treatment of older children’s books that could potentially contain lead. According to our conversations with CPSC officials, that Statement of Policy should be released this fall.
The ALA is first and foremost interested in ensuring the safety of our children. While we await the Statement of Policy, we suggest that if a library is aware of a pre-1985 book possibly containing lead at harmful levels or the statutorily prescribed levels, it should remove that book from public access. For instance, a library could move the book to the non-circulating collection.
We would also ask that if libraries do learn of any books containing lead to please let the ALA Washington Office know so that we might share that information with other libraries. When the Statement of Policy is released, we will promptly notify our members.
Background: In August 2008 Congress passed legislation titled “The Consumer Product Safety Improvement Act of 2008” (CPSIA). This legislation seeks to decrease the levels of lead and phthalates in products intended for children under the age of 12 and will be enforced by the Consumer Product Safety Commission (CPSC).Under the CPSC General Counsel’s interpretation of the CPSIA, books will be subject to the same testing standards as children’s toys. Very few recalls have actually involved books; in fact, the recalls surrounding books have not happened because of the books themselves but rather the toys that were attached to the books that were considered potential choking hazards. In spite of this information, the standard hardcover and paperback books would be subject to the same testing standards as children’s toys under the new legislation.
The law was set to go into effect on February 10, 2009, but in late January 2009, the CPSC issued a one-year stay of implementation for enforcement of the new lead limits in children’s products, stating that the commission will not impose penalties against anyone for making, importing, distributing or selling a children’s product to the extent that it is made of certain natural materials, such as an ordinary children’s book printed after 1985.
As a result of this issue, the Association of American Publishers (AAP) has tested the components of books and found that the levels of lead in children’s books were far below the future legal requirements at the full implementation of the regulations three years from now. However, the advisory opinion from the CPSC says that not only must the testing be done by one of their certified labs but that this legislation also is retroactive, and every book must be tested.
In an effort to solve this problem, ALA has been in discussion with attorneys, other associations and the sponsors of the original bill. One of those groups, the AAP, has received a response to a letter from the Consumer Product Safety Commission that does not fully satisfy our concern. Our analysis is that neither the law nor the legislative history indicates any Congressional intention to include books and even textbooks in the law.