The new ruling in terms of lead and pthalate content in items for children is
called the CPSIA (Consumer Products Safety Improvement Act) and if the law stands
as written, it will no doubt have huge ramifications for libraries and schools, in
addition to manufacturers and distributors of children's products, including
publishers, artists, handcrafters, and children's clothing makers.
It is intended to protect children from exposure to lead and pthalates. In doing
so, it will close down thousands of business across the U.S. Feb. 10, which is the
first deadline, is being called "National Bankruptcy Day" by children's
manufacturers.
The big issue for libraries and schools is lead content. The way the law is
written, there is a minimum allowable lead content for items for children (600 ppm
as of Feb. 10 and 300 ppm in August). The lead content ruling is retroactive. It
applies to anything ever produced for children under the age of 12. The pthalate
ruling is not retroactive.
Everything needs to be tested, whether or not it's likely that the item contains
lead. Children's books are not likely to contain lead, but they still fall under
the law's umbrella.
In addition to my Day Job as school librarian, I also own a micropress. After
February 10, when the law goes into effect, it will be illegal for me to sell my 2
children's picture books without a certificate from an accredited lab that states
my books have been tested and are not above the legal limit for lead content. If I
do not have this certificate my books will be classified as hazardous waste and
will need to be disposed of. All children's products (meaning products for children
up to and including the age of 12), in fact, will be classified as such. It will
cost me a minimum of $150 each to test my books. Not a terrible hardship, but it
will certainly impact my bottom line.
In my opinion, the law is (too) wide-reaching, confusing, and if you go to the
CPSC's website and read the FAQ, contradictory.
Here are some facts:
It will be illegal to sell any item meant for children without a certificate of
conformity (meaning the item has been tested and contains less than the legal limit
of lead). All items without a certificate will be classified as hazardous waste and
will have to be sent to a landfill. Some items, like those made of only wood or
cotton, may be exempt (don't think this applies to books or not, due to the ink)
Per a "clarification" statement put out yesterday by the CPSC re-sellers (like
consignment or thrift stores) will not have to test the items they sell, but cannot
sell items that aren't tested or that "may" contain lead. Since everything meant
for children is required to be tested, whether or not they're likely to contain
lead (children's books are not likely, for example), then I don't see how this is
much of a clarification.
People who violate this law are subject to a $100,000 fine per instance of
violation.
The law is retroactive. Everything manufactured before and after the date must have
a certificate on file.
So what does that mean for libraries or schools? Legally, will we need to check
that every single item the children have contact with has a certificate on file? If
they don't, will we need to toss them out?
A blog post about cpsia and libraries:
http://c3library.com/2009/01/05/cpsia-and-libraries/
Another blog post about cpsia and libraries, including some mention that ALA is
working on a stance:
http://fenris-lorsrai.livejournal.com/416451.html
My blog, where I've talked a lot about the cpsia: http://www.idea-girl.net
The CPSIA FAQ: http://www.cpsc.gov/about/cpsia/faq/faq.html
An excellent source of info. about the CPSIA, by Rick Woldenberg of Learning
Resources, whose company will go under if the law stands as written:
http://www.learningresources.com/category/id/104512.do?code=CPSIA
And here is a video of Woldenberg on Youtube, where he is giving comments to
Congress about the ramifications of the law, right before they passed it:
http://www.youtube.com/watch?v=bUlY6zOMPqQ
Adrienne Ehlert Bashista
Media Coordinator
Lead Technology Teacher
Virginia Cross Elementary School
234 Cross School Rd.
Siler City, NC 27344
agbashista@chatham.k12.nc.us
_____
From: Patrice Huckaby [mailto:HuckabyP@SOUTH.SHCSC.K12.IN.US]
To: LM_NET@LISTSERV.SYR.EDU
Sent: Fri, 09 Jan 2009 09:49:31 -0500
Subject: Target GEN re: ruling changes regarding lead content in items for children
How do you think libraries will be affected by the upcoming changes
(February, I think) regarding lead content in all items aimed at
children up to the age of twelve? Does the new requirement for total
lead on children's products apply to children's books, cassettes and
CD's, printed game boards, posters and other printed goods used for
children's education? Does anyone understand how this is going to
affect those items which are already in our collections?
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