ALA Seeks Exemption for Children's Books from Anti-Lead Law


The U.S. Consumer Product Safety Commission's interpretation of the
Consumer Product Safety Improvement Act, which lowers the permissible
level of lead in children's products and imposes certification
requirements, may require libraries to limit access to their children's
collections or have them tested for lead content. The new law becomes
effective February 10.

In a notice to ALA's Federal Library Legislative Action Network,
Government Relations Specialist Kristin Murphy wrote, "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. . . .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 is also retroactive, and every
book must be tested."

Despite the advisory opinion from CPSC's general counsel, ALA Washington
Office Executive Director Emily Sheketoff told American Libraries, "We
have spoken with congressional offices and they have said that it was
not congressional intent to include books" in the law.

Sheketoff said the Washington Office has asked the commission for a
formal opinion exempting libraries from the testing requirements. She
has also contacted an attorney to explore the possibility of filing for
an injunction against the commission, and is prepared to ask the Obama
administration to intercede if necessary.

Until the commission makes an official ruling, however, "There's really
nothing anyone can do," Sheketoff said. "We're sort of stuck waiting for
them."

Even so, news of the law is trickling down to library patrons. Kate
Pohjola, director of Lapeer (Mich.) District Library, told AL that she
had received questions about the law's potential impact, from both
library-borrowing and home-schooling perspectives. "I think there's a
lot of fear right now, because people don't know what's going to
happen," she said.

The Washington Office will release updates as new information becomes
available on its District Dispatch
<http://www.wo.ala.org/districtdispatch/>  blog.

Posted on January 15, 2009. Discuss.
<http://al.ala.org/forum/viewforum.php?f=11>