CPSC Issues Stay on Implementing Lead Banon Children's Products; Libraries Get Breather

Norman Oder -- Library Journal, 02/02/2009

• Did children's books have to be tested for lead?
• Lobbying by library advocates, booksellers
• One-year stay gives time to revise rules

Following significant lobbying by library advocates and booksellers, among others, the Consumer Product Safety Commission (CPSC) Friday agreed to stay effective implementation of the Consumer Product Safety Improvement Act (CPSIA) for one year, until February 10, 2010. (Clarification: the stay specifically impacts "enforcement of certain testing and certification requirements," aimed to "give us time to promulgate rules addressing some of the confusion over the meaning of the law.")

The law targets lead in products aimed at children, but, at least according to one interpretation from CPSC attorneys, would not have exempted books, leading to fears that libraries might have to close their doors to children.

Acting Chairman Nancy Nord said in a statement, "Consumer safety is the foremost consideration of this agency. Nevertheless we must be mindful of the chaos and confusion that this new law has created in the marketplace. The action we are taking today puts in place a limited “time-out” so that the Commission and the Congress can address the issues with the law that have become so painfully apparent."

In a letter to Congress, Nord wrote, "You note that it is unlikely that children’s books and fabrics contain lead and request that we work with these industries 'to ensure efficient and effective enforcement of the law.' I believe you are aware that we have been doing just that."

ALA: stay vigilant
Emily Sheketoff, executive director of the American Library Association (ALA) Washington Office, commented, "Libraries now have a little room to breathe, but this announcement is not an end to this problem. Since we know children’s books are safe, libraries are still asking to be exempt from regulation under this law. While the CPSC and Congress continue to toss the burden of responsibility back and forth, libraries are caught in the middle. ALA will continue to work with members of Congress and the CPSC to ensure that a year from now, this matter is resolved once and for all, and America’s libraries remain open and welcoming to children."