One Way to Deal with Lead in Children's Products: Ban Kid's Books

When thousands of children's products, largely from China, were recalled because of lead content, Congress decided it had to take action. That action, however, may lead to children's books printed before 1985 being removed from the shelves of used bookstores and libraries.

This week, the staff of the Consumer Product Safety Commission (CPSC) issued a handy guide to the Consumer Product Safety Improvement Act (CPSIA) for "small businesses, resellers, crafters and charities." The CPSIA, signed into law last August, was intended to address lead content in products intended for children. Even the CPSC recognizes it is "a sweeping new law." Among other things, beginning February 10, children’s products cannot be sold if they contain more than 600 parts per million total lead. Sellers of used children's products aren't required to test their inventory before selling items but (and there's always a but)... resellers can't sell products that exceed the limit and "unless they have testing or other information to indicate the products being sold have less than the new limit [they] could face civil and/or criminal penalties."

So what does this have to do with books? Under the CPSIA, a children’s product is one designed or intended primarily for children 12 years of age or younger and the guide specifically includes books in its list of such products.  The guide does say, though, that the products that can be sold include "Children’s books printed after 1985 that are conventionally printed and intended to be read, as opposed to used for play." Plainly, the CPSC believes the law applies to children's books printed before 1985.

What, then, is a used book store to do if it has such a book? Here are the "practical" options, according to the CPSC:

-- Test the book;
-- Refuse to sell it, which means disposing of it if already in inventory;
-- Using "your best judgment" based on knowledge of the product; or,
-- Contact the manufacturer.

I can summarize it more easily: test or toss. Of course, there is one other option not in the CPSC's list. According to the CPSC guide, used "vintage children’s books ... sold as collector’s items" are exempt because they are primarily intended for children. I'm guessing, though, that renaming the children's book section "Collectibles" probably won't cut it.

Article Author: Tim Gebhart

Tim Gebhart lives in Sioux Falls, SD, where he practices law in order to provide shelter for his family, his dogs, and his books. He is a member of the National Book Critics Circle and his blog de guerre is A Progressive on the Prairie.

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