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I knew the Consumer Product Safety Improvement Act wasn't what one would call a good piece of legislation. Sure, it sounds great. Who would disagree with keeping lead away from children's toys? But as I read more and most posts, like the impact it would have on small businesses and thrift stores I was concerned. Then I saw the impact that the CPSIA would have on people who sold items on on Etsy. But last week I saw something that stopped me in my tracks. I saw the American Library Association's press release on the impact it would have on libraries.
Under the CPSIA, which was passed by Congress in August, children’s products are required to undergo stringent testing for lead and phthalates. Currently, the General Counsel of the CPSC is interpreting the law to apply to ordinary, paper-based books for children 12 years of age or younger, so that all such books and product would have to be tested for lead content. Therefore, public, school, academic and museum libraries would be required either to remove all their children’s books or ban all children under 12 from visiting the facilities as of February 10.
Now, I know what you are thinking. You are thinking that it's ridiculous and there's no way that libraries would really ban children under the age of 12 from visiting libraries. And there's no way that school libraries would close. They are just being dramatic, right?
As with anything concerning the CPSIA it's not that cut and dry. If libraries really had to test each and every children's book on their shelves the cost would not be insignificant. Each component of a book has to be tested for phthalates and lead and each test costs hundreds of dollars. Add into that the components that are added to library books - classification stickers, bar codes, perhaps a clear dust jacket and you add most costs. That $10 copy of Goodnight Moon would suddenly cost a few thousand dollars. Just think of what that would do to your local library's budget.
People have actually been talking about this for awhile. I came to the party late. Publishers Weekly posted an excellent article on how the CPSIA was impacting the publishing industry and how publishers were frantically scrambling to comply with the act. It really didn't help things that publishers were only informed in November that books would be included. As The Boston Phoenix points out, books already on the shelves would not be grandfathered in either.
On February 10, the new law gets teeth. After that day, all products for children under 12 — books, games, toys, sports equipment, furniture, clothes, DVDs, and just about every other conceivable children’s gadget and gewgaw — must be tested for lead, and fall below a new 600 part-per-million limit, or face the landfill. Thanks to a September 12 memo from the Consumer Product Safety Commission (CPSC), the lead limit applies not only to new products, but also to inventory already on store shelves.
Luckily for everyone involved, the CPSIA has issued a one year stay of enforcement for certain items, including books.
The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.
This doesn't mean that your favourite Etsy store or your library is totally exempt or that everything is ok. I think Holly Jahangiri says it best when she called it a "reprieve".
This does not mean that they have relaxed the lead standards or repealed the law. If a product is found to contain lead in excess of the standards set by the Act, the CPSC will prosecute to the fullest extent of the law. But for artisans, manufacturers, authors, small businesses, and libraries who already know that their children's products are safe, it's a welcome reprieve. Provided there's no lead or phthalates in excess of the limits set by the CPSIA, failure to obtain the prescribed third-party testing and certification will not be punished.
What can you do? You can
