[OPLINLIST] lead responses

Fri Jan 23 12:26:15 EST 2009

Thanks for all of your responses regarding the upcoming "lead" act. I'd
seen the OPLIN and ALA documents but the one released on the 22nd was
new to me and helped tremendously.

Here's a summary of the responses.

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

http://www.ala.org/ala/alonline/currentnews/newsarchive/2009/January2009
/cpsia.cfm

This Week, Jan. 12, 2009

ALA Responding to CPSC Ruling on Children's Books. Library
administrators are raising questions about an aspect of the Consumer
Product Safety Improvement Act that has been interpreted by the Consumer
Product Safety Commission (CPSC) to require public, school, academic and
museum libraries to either remove all their books or ban all children
under 12 from visiting their facilities. Under the CPSC's interpretation
of the law, which seeks to protect children from exposure to lead and
phthalate, books for children under the age of 12 are required to
undergo the same testing procedures as children's toys. Since the CPSC
General Counsel's opinion is retroactive, it suggests that all books
currently on library shelves must be removed for testing, including
textbooks and children's literature books in academic library research
collections. The American Library Association is working with Congress
and the CPSC to resolve this issue in the rules committee, and has
requested that no action be taken by libraries at this time. The OLC has
been in contact with its legal counsel, Jon Iten, regarding this issue
as well.

This Week, Jan. 20, 2009

CPSC Ruling on Children's Books. As was reported in the Jan. 12 issue of
This Week, the ALA is working with the Consumer Product Safety
Commission (CPSC) regarding the interpretation of the Consumer Product
Safety Improvement Act and its efforts to protect children from exposure
to lead and phthalate. Last week, the CPSC posted on its web site an
Advisory Opinion on Books and CPSIA <http://www.olc.org/_pdf/3231.pdf> .
The ALA Continues to work with Congress and the CPSC to resolve this
issue in the rules process. 

>From one director:

I do not have a plan of action, however I do think it is a good idea to
get a lead test kit from a local hardware store to use on any products
from China that are given away in the summer reading club program.  I
have used this testing kit in my home.  There is a small container about
the size of a cigarette.  It has an end that is broken and then you
place the broken end on the item to be tested.

If the fluid or end of the test kit changes color then lead is found on
the china or other item.  You would need to read the kits instructions
to see if other items could be tested, as I recall they could be.  Since
China is the source of most inexpensive products that are given away
such as Oriental Trading, it would be better to test sample of the
products randomly.  It seems to me ALA was getting involved in the
process of trying to exempt libraries from the need to test books.  See
their website for articles. 

And here is the most recent information:

Hello,

I received the following info from the ALA Washington Office and am
forwarding this information to children's librarians. You may have
already received it. If that's the case, sorry for the duplication. Here
is the info:

A public meeting was held January 22 with Kristina Hatlelid, Directorate
for Health Sciences, and other Consumer Product Safety Commission (CPSC)
staff to allow Allan Robert Adler, of the Association of American
Publishers, and major publishing companies to discuss the lead content
of books.  The meeting was a time for the publishing companies to
explain their research to the CPSC staff that proves that normal books
(non-play, paper books) do not contain lead in the amount specified
under the CPSIA.  The publishing companies have compiled a group of 300
test results that can be viewed at this link:
http://www.rrd.com/wwwCPSIA/home.asp

After the meeting, Cheryl Falvey, General Counsel for the CPSC, stated
that a decision should be made by the first week of February.  She
advised libraries not to take any action at this time, and we are
hopeful that the Commission's decision will exempt libraries.

Even with her assurances, we must let the CPSC know how important an
issue this is to libraries.  You can visit their Web site,
http://www.cpsc.gov/cgibin/newleg.aspx to submit your comments to the
Commission.  Explain to the Commission that it is simply impossible for
libraries to remove all children's books from the shelves and/or ban
children under 12 from the library and still provide the level of
service that is needed.

Please feel free to use the sample language below, but personalize it to
make your comments known.  Studies have shown that individual letters
are significantly more effective than form letters, so let's make sure
they understand how important their action will be.

The only way we will be successful in ensuring that children will have
access to safe books is with a strong grassroots effort.  Your comments
to the CPSC need to be submitted as soon as possible, so please tell all
your friends and family - we need as many people as possible to
communicate that this oversight could have lasting ramifications on our
children and our communities.   
SAMPLE TEXT: 
Dear General Counsel Falvey:
It has come to my attention that the Consumer Product Safety Improvement
Act of 2008 has been interpreted to include books as a product that must
be tested for lead.  While I can understand the need to protect children
from toxic materials, publishers have already tested the book components
and found that the lead levels are lower than the regulations require
three years from now.  Additionally, all book recalls in the last two
decades have been because of toys attached to the books that posed a
choking hazard, not the books themselves.
Making these testing regulations retroactive would require both school
and public libraries to take drastic steps to come into compliance.
They would either they would have to ban children from their libraries
or pull every book intended for children under the age of 12 from their
bookshelves at the time children are fostering a lifelong love of
learning and reading.    
In order to allow children and families to continue accessing critical
library materials, please either exempt books from the Consumer Product
Safety Improvement Act of 2008, accept the component tests that have
already been done, or exempt all books currently in school and public
libraries.  This will ensure that our children continue to have access
to safe and educational library materials.
Sincerely,
YOUR NAME

Rachelle Miller

Director

Troy-Miami County Public Library

419 W. Main St.

Troy, Ohio 45373

937.339.0502 ext. 16

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