| Lead law has unintended consequences |
By: SAM GETT, Publisher and Editor
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Posted: Tuesday, March 24, 2009 9:49 pm
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As if the worst economic crisis in 75 years wasn’t enough, Patty Austvold and other sellers of used books must now deal with over-zealous government regulators.
Austvold keeps shop for her family’s used bookstore, Bookfellows, in downtown Northfield. In shops like hers all over the country, proprietors pulled old children’s books off the shelves last month rather than risk the wrath of the Consumer Product Safety Commission and crippling lawsuits.
The ordeal started last summer when legislators, responding to reports of lead poisoning from children’s products manufactured in China, passed the Consumer Product Safety Improvement Act of 2008. President Bush signed the bill into law, which took effect Feb. 10. As a result, all items sold for use by children under 12 must be tested by an independent party for lead and phthalates (chemicals used in plastics so they’ll bend easily.)
However, the well-intentioned legislation included a retroactive rule declaring untested items, regardless of lead content, as “banned hazardous products.” The Consumer Product Safety Commission then determined the law applies to children’s items already on shelves.
All of which leaves Austvold and company with few options. Books printed after 1985 are not affected, but thousands of classic children’s literature titles are. Is she following the law’s guidelines? “Absolutely,” Austvold said. “The fine is very substantial. I’m not going to take that risk.”
The CPSC permits the sale of these older books only if testing determines they are safe, but that’s not practical for used bookstores that buy inventory one piece at a time. A Wisconsin merchant estimated the cost of testing her used books at $100 to $400 each. What’s frustrating merchants is that nobody can cite an instance in the U.S. where a child was poisoned by lead from old book illustrations. And while babies and toddlers are certainly known to chew on whatever you give them, the law covers books written for seventh graders.
Complicating matters is an exception that allows the sale of “vintage” children’s products to people who identify themselves as “collectors.” Those books don’t need to comply with the lead limits, because the expectation is they won’t be used by children. That’s led some to wonder who could possibly enforce the distinction.
“Everyone knows it’s crazy,” Austvold acknowledged. Customers looking for older children’s books aren’t concerned about possible lead content and are disappointed that she won’t dig out the title and complete the sale.
Austvold contacted area legislators; Congressman John Kline responded and said efforts are underway to change the law, but with the focus on larger budget issues he admitted it could be years before this gets another look.
In the meantime, some used book shops and thrift stores are destroying boxes of old titles. And they’re worried that before Congress enacts a fix, the law may destroy their business.
— Reach Sam Gett at 645-1112 or sgett@northfieldnews.com |
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