The Consumer Product Safety Improvement Act continues to confound those who deal in children’s products. The latest panic is within the library industry, which interprets the CPSIA to include children’s books. If so, libraries across the country may have to destroy their children’s collections next month.
The law states that all products for children 12 and under are required to be tested for lead and phthalates. This rule applies to not just new products but also to items already on the shelves. While libraries would not have to pay to test their children’s books, they would still be banned from carrying books that have not been certified.
What the American Library Association Says about CPSIA
The American Library Association is lobbying Congress for an exemption, but the Consumer Product Safety Commission has not yet made a ruling on the issue. Until a change is made, the ALA believes that on Feb. 10 libraries will be forced to either ban children from the library or remove all children’s books from library shelves.
The ALA issued a statement on Jan. 9 saying that until a ruling is made by the CPSC, books are not exempt from the new CPSIA legislation. However, it urged libraries to take a wait-and-see attitude for now because the ALA believes “the situation is extremely fluid” and that it is not the intention of the CPSIA to take children’s books off library shelves.
What the CPSC Says about Children’s Books
The ALA statement references a letter from the General Counsel of the CPSC that explicitly states that books are not exempt from the CPSIA legislation. According to the Consumer Product Safety Commission’s Frequently Asked Questions page, the new lead requirements do apply to children’s books, cassettes, CDs, posters and other printed goods.
Booksellers and the CPSIA
The new law does not just affect libraries. On Jan.7, Amazon.com sent a letter to its vendors saying they were required to certify their products were free from lead and phthalates by Jan. 15, or their products would be returned at the seller’s expense.
Used booksellers and other retailers caught a break on Jan. 6 with a CPSC memo that said resellers did not have to test products for lead and phthalates, but it is still illegal for them to sell products that contain excessive amounts of lead.
For now, it is still unclear how the CPSIA will affect the children’s product market. Until the law goes into effect on Feb. 10, no one can be sure how the CPSC will interpret and enforce the new legislation. For now, libraries and booksellers are holding their breath until they know how the law will affect them.
Kari Lomanno - Kari Lomanno is a high school English teacher and mother of two children ages 9 and 7. She lives in Chesapeake, Virginia with her husband ...
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