[CALIBK12] Consumer Product Safety Improvement Act

[Barbara Jeffus]

To the participants on the CALIBK12 list:

The following comes from the Washington Office of the American Library Association. I've added links where I thought they might help. ALA has been working for weeks to obtain clarification that any library that serves this population will not have to test all of its books and other materials.  ALA has been told INFORMALLY that libraries will be exempted; however, with less than a month left until the date the regulations go into effect, that word has not come down officially. As the regulation is currently written, the items to be tested would also include textbooks and other materials in classrooms.   ALA suggests you share this with your administrators and together with district library and textbook people, respond to kmurphy at alawash.org<mailto:kmurphy at alawash.org>   Similar information has already gone out to CLA (California Library Association) members.

>From ALA on January 15, 2009
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As you may know, Congress passed legislation titled "The Consumer Product Safety Improvement Act of 2008" (http://www.cpsc.gov/cpsia.Pdf) last August.  This legislation seeks to decrease the levels of lead and phthalates in products intended for children under 12 and will be enforced by the Consumer Product Safety Commission (CPSC).  http://www.cpsc.gov/

Currently, books are considered an unregulated product.  This means they are generally considered safe and are not subject to the same rules and regulations as toys and other objects on the U.S. market.  Under the new interpretation of the CPSIA, books would be subject to the same testing standards as children's toys and clothing.
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.
As a result of these new regulations, publishers have 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.  This situation will become even more complicated because the CPSC has not certified any labs to administer the lead testing.
These regulations go into effect on February 10th, 2009, which means school, academic and public libraries will be forced to either remove all children's books from the shelves, or ban children from entering libraries completely.  Frequently Asked Questions are posted at http://www.cpsc.gov/about/cpsia/faq/faq.html
We need to make sure this doesn't happen.  The American Library Association's Washington Office has been closely monitoring this situation and communicating with Members of Congress and the Association of American Publishers (AAP) on how to ensure that libraries are exempt from the CPSIA.  The deadline for implementation is quickly approaching, which means we need make sure we are doing everything possible to ensure access to children's books in our school and public libraries.
The American Library Association is considering filing a suit for preliminary injunction against the CPSC implementing the Consumer Product Safety Improvement Act of 2008.  In order to move forward, we need your assistance by contacting all your school and public libraries and asking them the following questions:

 *   What will they have to do on or prior to February 10, 2009 to cut off access to children's books to ensure CPSIA compliance?
 *   Would they be willing to file an affidavit stating the steps they will need to take?
 *   If they can show that this legislation will cause them irreparable harm, would they be willing to sign onto the suit for injunction as a plaintiff?
As always, thank you for everything you do.  This is an extremely critical issue and your timely responses are greatly appreciated.
Kristin Murphy
Government Relations Specialist
American Library Association - Washington Office
1615 New Hampshire Avenue NW
Washington, D.C. 20009-2520
Phone Number: 202.628.8410
Fax: 202.628.8419
kmurphy at alawash.org<mailto:kmurphy at alawash.org>


Barbara Jeffus
School Library Consultant
California Department of Education
1430 N Street, Suite 3207
Sacramento, CA 95814
916.319.0445
FAX 916.319.0172
http://www.cde.ca.gov/ci/cr/lb

READ Green. Borrow a Library Book!

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