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The CPSIA: Soon to bar kids from libraries?
By Jennifer and Jeremiah | January 26, 2009 | 10 comments / Join the conversation!
Photo by halighalie, shared via Flickr.
In case you thought the unintended consequences of the Consumer Product Safety Improvement Act (CPSIA) hadn't yet gotten surreal enough, the American Library Association (ALA) has put out the call that the new regulations of the CPSIA will restrict libraries' ability to make books available to children under 12 [via Baby Toolkit].
We had heard rumors of the CPSIA posing challenges to libraries, but it has never risen to the level of the ALA, which lends the interpretation considerable clout. And unlike private businesses, which may accrue legal liability under the CPSIA for actions that might still require judgment calls - judgment calls the CPSC seems quite comfortable telling companies to make - libraries are different. As public institutions, they will be under particular pressure to follow this law to the letter.
The assessment, published in the ALA Washington Office's "District Dispatch" blog, reads as follows (emphasis ours):
The ALA has also published a call to action, with detailed points to cover with Acting Commissioner Nancy Nord's office.
If libraries - which do not sell products to consumers but lend them out for free - are on the chopping block, then there's another group that should be coming up in conversations soon: Schools.
Our overall assessment of this train wreck has not changed: The law is broad to the point of ridiculousness, and will cause an astonishing level of economic hardship if it is allowed to go into effect as written. It may be tempting to assume that corrections will be made - no one wants to keep kids out of libraries! - but the question is how much disruption our private and public sector will be forced to bear in the meantime, how much of our nation's productive capacity will be squandered, and how many working Americans will go out of business while we wait for the government to fix the mess they've made with a well-meaning piece of legislation.
We had heard rumors of the CPSIA posing challenges to libraries, but it has never risen to the level of the ALA, which lends the interpretation considerable clout. And unlike private businesses, which may accrue legal liability under the CPSIA for actions that might still require judgment calls - judgment calls the CPSC seems quite comfortable telling companies to make - libraries are different. As public institutions, they will be under particular pressure to follow this law to the letter.
The assessment, published in the ALA Washington Office's "District Dispatch" blog, reads as follows (emphasis ours):
WASHINGTON, D.C. - The American Library Association (ALA) today expressed dissatisfaction with a public meeting held by the Consumer Product Safety Commission (CPSC) to discuss the Consumer Product Safety Improvement Act (CPSIA) and whether the law, which requires children’s products to undergo stringent testing for lead, should apply to ordinary, paper-based children’s books.
Under the current opinion issued by the General Counsel of the CPSC, the law would apply to books for children under the age of 12; therefore, public, school, academic and museum libraries would be required to either remove all their children’s books or ban all children under 12 from visiting the facilities as of February 10.
During the meeting, members of a panel including representatives of the American Association of Publishers (AAP) as well as major book publishers and ink manufacturers, addressed questions raised by the CPSC rulemaking committee regarding the testing procedures and methodologies currently exercised in the production of an ordinary book.
The panel presented a collection of data reinforcing their position that ordinary books pose no inherent threat. This information can be viewed here. Though the CPSC acknowledged that the current deadlines are unrealistic and potentially damaging, the General Counsel gave no clear indication as to when an official ruling would be made and could offer no definite direction to libraries at this point.
“It is completely irresponsible and unacceptable for the CPSC to continue to leave this matter unresolved with the February 10th deadline drawing closer each day,” ALA President Jim Rettig said.
“It is apparent that the CPSC does not fully understand the ramifications this law will have for libraries - and for children - if libraries are not granted an exemption. At this point, we are advising libraries not to take drastic action, such as removing or destroying books, as we continue to hope this matter will be rectified and that the attention will be paid to the products that pose a true threat to children. However, we find it disappointing and shameful that a government agency would continue to leave this matter unsettled when clearly the outcome would virtually shut down our nation’s school and public libraries.” [Source]
The ALA has also published a call to action, with detailed points to cover with Acting Commissioner Nancy Nord's office.
If libraries - which do not sell products to consumers but lend them out for free - are on the chopping block, then there's another group that should be coming up in conversations soon: Schools.
Our overall assessment of this train wreck has not changed: The law is broad to the point of ridiculousness, and will cause an astonishing level of economic hardship if it is allowed to go into effect as written. It may be tempting to assume that corrections will be made - no one wants to keep kids out of libraries! - but the question is how much disruption our private and public sector will be forced to bear in the meantime, how much of our nation's productive capacity will be squandered, and how many working Americans will go out of business while we wait for the government to fix the mess they've made with a well-meaning piece of legislation.
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It just keeps getting worse and worse doesn’t it? If this actually becomes law we won’t be able to buy our children the clothes (all natural, unique, handmade or bought at resale) and toys we want (handmade, nontoxic, safe, gentle or bought at resale) but we won’t be able to read them books we want either? The government is getting more and more involved in private lives and that isn’t always, as this demonstrates, a necessary or a good thing.
Is there any sign that this will be fixed?
whoa Nelly! I hadn’t considered libraries! That’s craaazy. Yesterday I found out that my favorite friendly children’s resale shop is forced out of business by this bad legislation. Bummer.
This is ridiculous. I love to read; and have read to my daughter since day 1; her own “library” is ever expanding; even with books she is way to young for yet. Libraries & used book stores are GREAT for purchasing hard to find books; esp. those not in publication anymore; not to mention they are cheaper then in bookstores.
They better fix this & soon otherwise they are going to have to start locking us all up. I am not stopping my library visits, thrift store purchases, or wearing/receiving handmade items.
i’ve been wondering for a while why kids under 12 should go to school if there will be no books or toys for them.
Wow. This is just unbelievable.
How would this apply to daycare centers? My daughter goes full-time and I doubt they would trash an entire school full of toys, books, game, baby equipment, etc. Would they be forced to? This seems like they are going WAY overboard.
I respectfully disagree. I think we should get these products off the shelves and protect our children no matter what age. It’s ridiculous to say they have to “remove” all children’s books. What about Scholastic, who has always been careful to use non-toxic dyes, etc… and they make many, many children’s books. I’m sure there are equally conscientious others.
Good question, CarolineD. It was a surprise to us that anything not “sold” to kids would be implicated, but that’s what the ALA seems to think.
Thanks for commenting, everyone. Natasha, the problem as we see it is not whether we would like books to be lead-free, or phthalate-free, but how many actually might contain these substances, what testing would cost, and why we are imposing this blanket testing requirement on books. I think a reasonable alternative would be to have one class of books require testing before being sold (any books using plastic in covers, including coatings) and another, smaller class that must be tested or discarded (those in circulation with puffy plastic covers, all-plastic baby books, etc.).
Beyond that, we’d all be better off with new laws about the use of potentially toxic dyes, and sharing that cost across the industry, rather than requiring testing of every single title to see if toxic dyes are used.
Thanks for your feedback Jeremiah. Regarding books, the ban is not a blanket one, and only applies to “books that have paint or a surface coating other than printing ink”. I found clarification of this in a letter from Ms. Cheryl Falvey to Mr. Allan Adler - http://www.cpsc.gov/library/foia/advisory/323.pdf. I hope you find it interesting.