Children's Book Safety Issue Heats Up
By Karen Raugust -- Publishers Weekly, 1/23/2009 8:00:00 AM
The children’s book publishing industry continues its fight to be exempted from the lead-testing requirements of the Consumer Product Safety Improvement Act (CPSIA), even as the February 10 deadline approaches. (See our previous coverage here and here.)
On January 22, the Consumer Products Safety Commission held a public meeting, requested by the Association of American Publishers, during which AAP, along with representatives from major children’s publishers, printers, and manufacturers of components, presented additional evidence to the CPSC’s science team and General Counsel that children’s books do not contain lead. The presentation included additional results from more than 150 tests of finished products, which have been added to the mass of evidence already compiled about the safety of components. This data is required in order for the CPSC to ultimately make a determination about whether traditional books will be exempted from the Act.
Last week, CPSC issued a letter to the AAP further clarifying some of its previous guidance. While not resolving many issues, the letter did confirm that retailers and distributors can rely on a general Certificate of Conformity to continue to sell or distribute books after February 10. Allan Adler, AAP’s v-p for Legal and Government Affairs, notes that many big-box stores and major bookstore chains have been insisting on proof of third-party lead testing leading up to the Act. “Retailers have been very nervous and have been issuing demands to publishers,” he says. “Now they may be able to calm down.” For the purposes of the February 10 deadline, publishers and manufacturers need to provide proof that they have tested the products for lead using some reasonable internal guidelines; the third-party testing requirements kick in in August.
Meanwhile, there also has been a bit of movement on Capitol Hill. Representative Henry Waxman, chairman of the House Committee on Energy and Commerce and Representative Bobby L. Rush, Chairman of the Subcommittee on Commerce, Trade and Consumer Protection, along with their counterparts from the Senate, John D. Rockefeller and Mark L. Pryor, sent a letter to the CPSC urging faster action on deciding which industries—including book publishing—might be exempted, as well as on clarifying testing procedures. In addition, some members of the Subcommittee wrote a letter to Chairman Waxman asking him to hold a round of committee hearings on the CPSIA.
One thing to watch going forward is what position the new Obama administration will take, as well as who the President will nominate as his appointee to fill an empty seat on the Commission and most likely become its new head.
