Nature Study Guild Publishers

What’s the deal with books and the Consumer Product Safety Improvement Act (CPSIA)?

Congress passed the CPSIA in 2008 in response to concern about lead paint on imported toys. The intent of the act is to protect children from exposure to lead, (as well as certain substances, called phthalates, that occur in some soft plastic toys—not an issue for ink on paper books). The Act imposes requirements for testing children’s products and certifying that they are free of these substances, and affects everybody in the supply chain from the manufacturer to the retail store.

Although it’s not clear that Congress intended the CPSIA to apply to books, the Consumer Product Safety Commission (CPSC), which enforces the Act, decided that it did apply to children’s books. Then, they sort of backtracked, staying enforcement of testing and certification requirements for books manufactured later than 1985. They admitted that books manufactured by “modern methods” don’t pose a threat of lead poisoning. In fact, the Center for Disease Control (CDC) rates books, including old books, as very low risk for lead poisoning. (Still, it would be prudent not to hand old books to a child young enough to chew on books instead of reading them.)

The CPSA’s guidance on compliance with the CPSIA is about as clear as mud. Confusion and anxiety have ensued. Here, to the best of my understanding, is how CPSIA, as of this date, affects books published by Nature Study Guild Publishers:

· Are our books children’s products? Short answer, no. The CPSIA defines a children’s product as intended primarily for use by children 12 or under, which our books are not. But our Finders pocket guides are generally recommended for age 10 and older, which includes some children under 13. I’ve read the CPSC’s “clarification” of the definition of children’s products and . . . have I used the term “clear as mud” yet? So, just in case the CPSIA applies to some of our books:

· The books in our warehouse now, and the books we have sold since I took over the business in 1993, were manufactured later than 1985. So they are not subject to testing and certification requirements. Any book with our Rochester, New York, address printed on the last page, or with a bar code on the cover, was manufactured well after 1985. In our Finders pocket guides, Nature Study Guild Publishers will comply with the new requirement that children’s books printed after 8/14/09 carry a label telling when and where they were manufactured. (Yes, even though the CPSA says we can assume books printed after 1985 are safe, they are still imposing labeling requirements on new books. Go figure.)

A note about the dates on books: Just because the copyright date printed in a book is earlier than 1986, doesn’t mean the book was manufactured before 1986. The copyright date doesn’t change when the publisher reprints the same edition. For example, the copies of Tree Finder in my warehouse right now were manufactured in 2009; the copyright date printed in the book is 1991.

One more thing:

The intent of the CPSIA was a worthy one. But the law Congress passed was too broad and vague, and has been interpreted by the CSPA in ways that have had unintended and negative consequences for booksellers, libraries, and children’s literature. There are disturbing reports from across the country of used-book stores trashing children’s books with copyright dates before 1986, and libraries locking up children’s classics. The American Library Association and others support passage of a bill pending in Congress that would exempt ordinary books from the CPSIA, including books printed before 1985.

Please consider contacting your Representative in Congress and asking him or her to support HR 1692.

Posted August 2009 by Bridget Watts, Publisher.

Disclaimer: Note that I am just an independent publisher and small business owner trying to muddle through. I am neither a lawyer nor an expert on product safety; please do not rely on my opinions as if I were.

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