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Toxic books?

Clarify intent, reach of lead safety law
TUESDAY, MARCH 24, 2009
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It is doubtful Congress intended having children's books swept from library shelves when they passed strict new limits on lead content in kids' products.

Whether librarians even have to take such drastic steps remains unclear, but the dispute is among many that have raised confusion about the scope of the Consumer Product Safety Improvement Act, which took effect Feb. 16. The law banning the sale of children's products containing more than 600 parts per million of lead was a reaction to reports of lead content in toys imported from China.

Lead exposure has been linked to learning disabilities and behavioral problems.

Retailers and distributors have to test products to verify they meet the legal standard. They are also barred from selling any product that exceeds the legal limit, even if it was made prior to Feb. 16. The law has had a far-reaching impact with libraries joining manufacturers, secondhand shops, giant retailers and small businesses in raising questions about the law's application.

Nationally, retailers have removed items from their shelves or refused to take delivery of products made prior to Feb. 16. Used clothing outlets and thrift stores also have been hit. Goodwill Industries International is "filling up trailers with the stuff" and may have to destroy $170 million in merchandise, its chief executive, Jim Gibbons, told the Wall Street Journal.

The Consumer Product Safety Commission is also interpreting the law to apply to books, namely those before 1986 when other safety regulations banned lead from printers' ink. So two libraries not identified in an Associated Press report took the drastic step of blocking access to their children's section to comply with the law. They later removed the barriers.

Some librarians say it is unlikely that the shelves contain children's books prior to 1986, given the wear and tear on kids' books. However, nationwide, librarians worry about a heavy-handed application of the law, which some say might require testing of books and could reach into school libraries.

The Consumer Product Safety Commission is sending mixed signals. One day a spokesman tells the AP that public and school libraries should keep pre-1986 books away from children. The next day, the agency chief of staff says it is investigating whether books printed before 1986 contain dangerous levels of lead.

"We're talking about tens of millions of copies of children's books that are perfectly safe," said Emily Sheketoff, executive director of the American Library Association's Washington office.

The law needs to be clarified, either by the Consumer Product Safety Commission or through congressional intervention.

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