What is the CPSIA?

This is a controversial question in regard to libraries. Section 102 of the CPSIA says that 3rd party testing for lead is required of products for children 12 years and younger which are imported, warehoused, and distributed in commerce. The word commerce refers to the trade or exchange of goods or services.

The recent final lead rule detailed a disagreement between the American Library Association (ALA) and the CPSC. The ALA believes that libraries do NOT participate in commerce whereas the CPSC says that libraries DO.

The arguments made by the ALA were very weak for several reasons. Regardless if money is directly exchanged for the privilege of borrowing books, there is an exchange of services for tax payer money, which could be defined as a form of commerce. In addition one could view libraries as warehouses which perform commerce. The definitions may be stretched somewhat, but there is an even more direct example of commerce found in libraries. Libraries frequently sell discarded, or even new, books for fundraisers. Childrens’ books available for sell would be required to meet the requirements of the CPSIA in the same way that thrift stores do. In other words, they wouldn’t be required to test, but they also can’t sell anything which is non compliant. (Which begs the question of how do you know if you don’t test?) Finally, libraries distribute books and prizes as part of literacy or summer reading programs, which would be required to meet the requirements of the CPSIA.

Libraries are currently waiting for further guidance on how to handle their pre-1985 collections.

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