World News

On February 10th, a new law goes into effect. It is called the Consumer Product Safety Improvement Act. The law is a result of the hysteria that arose over the last couple of years when children's toys with lead paint made it from Chinese factories to American store shelves. The law is intended to protect children by requiring that all products intended for children 12 and under be tested for lead and phthalates.

According to the CPSIA's own FAQ page:

Does the new requirement for total lead on children's products apply to children's books, cassettes and CD's, printed game boards, posters and other printed goods used for children's education?

In general, yes. CPSIA defines children’s products as those products intended primarily for use by children 12 and under. Accordingly, these products would be subject to the lead limit for paint and surface coatings at 16 CFR part 1303 (and the 90 ppm lead paint limit effective August 14, 2009) as well as the new lead limits for children’s products containing lead (600 ppm lead limit effective February 10, 2009, and 300 ppm lead limit effective August 14, 2009). If the children’s products use printing inks or materials which actually become a part of the substrate, such as the pigment in a plastic article, or those materials which are actually bonded to the substrate, such as by electroplating or ceramic glazing, they would be excluded from the lead paint limit. However, these products are still considered to be lead containing products irrespective of whether such products are excluded from the lead paint limit and are subject to the lead limits for children’s products containing lead. For lead containing children’s products, CPSIA specifically provides that paint, coatings, or electroplating may not be considered a barrier that would render lead in the substrate inaccessible to a child.

The law applies to all products sold that are primarily intended for children, not just new products. This has put owners of thrift stores and second hand stores into a bit of a panic. If they sell a used children's sweater without having a certificate of testing for that sweater, they are violating a federal law. What about your local Half Priced Books store? Will they have to trash their entire childrens section and start over, only accepting books they can prove have been tested? The CPSC did issue a memo saying that resellers were not required to do the testing, but that it will still be illegal for them to sell a product with excess lead. What exactly does that mean?

Will an antique store owner that sells antique lead figurine soldiers be arrested, because the product appears to be a childs product, even though the purchaser will no doubt be an adult collector?

What about libraries? Will they have to burn their collections of childrens books or move them to an adult's only section? The ALA (American Library Association) has issued a letter telling Librarians to stand by, that the situation is fluid and no-one yet knows.

Books aside, this law will be a huge financial blow to anyone that produces products for children, as (again from the CPSIA FAQ): All children’s products (as defined by the CPSIA) subject to the lead limit of the Act will eventually require testing for lead, not just those with surface coatings. Goodwill Industries has said that it may have to stop selling children's clothes, if testing is too expensive. Testing can cost more than $150 per component (a jacket would have at least 3 components: fabric, liner, buttons). That isn't very economical if you want to sell the jacket for $10. Eventually, I would assume, proof of testing will appear on a label, accompanying the product (i.e. tag on clothing) and resellers would be covered by that proof - but that doesn't help the huge amount of products out there, today.

Once again, the government acts out of fear instead of thought. Is there any evidence of a child becoming sick through exposure to lead in a shirt or a book? Shouldn't the law focus on specific types of products that have proven to be a risk?