[Libs-Or] FW: URGENT! ACTION NEEDED: Children's Books in the Consumer Product Safety Improvement Act

[Diedre Conkling]

This is an update I received yesterday.

---------- Forwarded message ----------
From: Kristin K. Murphy <kmurphy at alawash.org>
Date: Thu, Jan 15, 2009 at 6:57 AM
Subject: FW: URGENT! ACTION NEEDED: Children's Books in the Consumer Product
Safety Improvement Act
To: diedrec at charter.net


 This is the most recent notice to go out.

 ------------------------------
*From:* Kristin K. Murphy
*Sent:* Wednesday, January 14, 2009 3:09 PM
*To:* Kristin K. Murphy
*Subject:* URGENT! ACTION NEEDED: Children's Books in the Consumer Product
Safety Improvement Act
*Importance:* High

 Dear FLLAN Network,



As you may know, Congress passed legislation titled "The Consumer Product
Safety Improvement Act of 2008" last August.  This legislation seeks to
decrease the levels of lead and phthalates in products intended for children
under 12 and will be enforced by the Consumer Product Safety Commission
(CPSC).


Currently, books are considered an unregulated product.  This means they are
generally considered safe and are not subject to the same rules and
regulations as toys and other objects on the U.S. market.  Under the new
interpretation of the CPSIA, books would be subject to the same testing
standards as children's toys and clothing.

Very few recalls have actually involved books; in fact, the recalls
surrounding books have not happened because of the books themselves but
rather the toys that were attached to the books that were considered
potential choking hazards.  In spite of this information, the standard
hardcover and paperback books would be subject to the same testing standards
as children's toys under the new legislation.

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 at the full implementation of the
regulations three years from now.  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 also is retroactive, and every book must be
tested.  This situation will become even more complicated because the CPSC
has not certified any labs to administer the lead testing.

These regulations go into effect on February 10th, 2009, which means school,
academic and public libraries will be forced to either remove all children's
books from the shelves, or ban children from entering libraries completely.


We need to make sure this doesn't happen.  The American Library
Association's Washington Office has been closely monitoring this situation
and communicating with Members of Congress and the Association of American
Publishers (AAP) on how to ensure that libraries are exempt from the CPSIA.
The deadline for implementation is quickly approaching, which means we need
make sure we are doing everything possible to ensure access to children's
books in our school and public libraries.

The American Library Association is considering filing a suit for
preliminary injunction against the CPSC implementing the Consumer Product
Safety Improvement Act of 2008.  In order to move forward, we need your
assistance by contacting all your school and public libraries and asking
them the following questions:

   - What will they have to do on or prior to February 10, 2009 to cut off
   access to children's books to ensure CPSIA compliance?
   - Would they be willing to file an affidavit stating the steps they will
   need to take?
   - If they can show that this legislation will cause them irreparable
   harm, would they be willing to sign onto the suit for injunction as a
   plaintiff?

As always, thank you for everything you do.  This is an extremely critical
issue and your timely responses are greatly appreciated.
Kristin Murphy
Government Relations Specialist
American Library Association - Washington Office
1615 New Hampshire Avenue NW
Washington, D.C. 20009-2520
Phone Number: 202.628.8410
Fax: 202.628.8419
kmurphy at alawash.org






-- 
Diedre Conkling
diedre08 at gmail.com
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