[Libs-Or] Children's Books and the CPSIA

Diedre Conkling diedre08 at gmail.com
Sat Jan 10 00:32:20 PST 2009


Jim Sheppke sent this information out to some of you already.  I thought I
would send the information to libs-or as well so that more of you will know
about this situation.

---------------

 Children's Books and the CPSIA ¨C STANDBY - Situation "Fluid"
<http://www.wo.ala.org/districtdispatch/?p=1349> January 09th, 2009 |
Category: OGR <http://www.wo.ala.org/districtdispatch/?cat=17>,
Other<http://www.wo.ala.org/districtdispatch/?cat=4>,
School Libraries <http://www.wo.ala.org/districtdispatch/?cat=11>

In August 2008, the 110th Congress passed the Consumer Product Safety
Improvement Act (CPSIA) to protect children under 12 from exposure to lead
following widespread reports about the dangers of children's toys coming in
the United States from China and other places.  This new law is administered
by the Consumer Product Safety Commission (CPSC) and will likely start to
take effect in February 2009 (although even this latter date appears to be
changing.)

Within the last few days, ALA and others in the "book" community (other
librarians, publishers, teachers, booksellers, etc.) became extremely
concerned after seeing that the CPSC intended to include books in the
definition of "products to children" that would need to be certified as
safe.  This concern was heightened by a letter from the General Counsel of
the CPSC ¨C a letter that states that books are not exempt from the law.

However, ALA has been in discussion with attorneys, other associations and
the sponsors of the original bill.  Our analysis is that neither the law nor
the legislative history indicates any Congressional intention to include
books and even textbooks in the law.

Please stand by ¨C there is no need to take action at this time.  The
situation is extremely fluid and every day this week ALA has received new
and sometimes contradictory information.  The ALA Washington Office is
taking measures to ensure this ruling (CPSIA) will not affect libraries and
has sent a letter to all Congressional offices alerting them to the fact
that we believe CPSC General Counsel has erroneously interpreted the CPSIA
to include books. ALA is also monitoring the potential impact on other types
of library materials as well.

Several key Hill offices have contacted the CPSC Commissioners and the
General Counsel.  We believe that the misunderstanding may be cleared up, so
the Commission can focus on children's items that are truly dangerous.

If we can't get this resolved, we will need everyone who wants children to
continue to have access to safe children's books to contact the Commission
and Capitol Hill ¨C but, for now, we can stand by until we hear more from our
Congressional supporters.

<!--[endif]-->

Emily Sheketoff, Executive Director
ALA Washington Office
esheketoff at alawash.org

<esheketoff at alawash.org>
No comments <http://www.wo.ala.org/districtdispatch/?p=1349#respond>
  ALA Urges Congress To Correct Law That Inadvertently Targets Libraries,
Publishers <http://www.wo.ala.org/districtdispatch/?p=1322>  January 09th,
2009 | Category: Other <http://www.wo.ala.org/districtdispatch/?cat=4>, School
Libraries <http://www.wo.ala.org/districtdispatch/?cat=11>

*CPSC ruling requires children's books to be removed for safety testing*

*WASHINGTON, D.C. *¨C The American Library Association (ALA) released a
letter to Congress yesterday, urging members to take action against a recent
opinion ruling released from the General Counsel of the Consumer Product
Safety Commission (CPSC) that would require public, school, academic and
museum libraries to either remove all their books or ban all children under
12 from visiting the facilities, beginning on February 10.

The opinion was issued to the Association of American Publishers (AAP),
following the group's request to exclude children's books from regulation
under the Consumer Product Safety Improvement Act (CPSIA), which passed the
110th Congress in August and is enforced by the CPSC.

Under the CPSC's interpretation of the law, which seeks to protect children
from exposure to lead and phthalate, books for children under the age of 12
are required to undergo the same testing procedures as children's toys.
Since the General Counsel's opinion is retroactive, all books currently on
library or store shelves must be removed for testing, including textbooks
and children's literature books in academic library research collections.

The publishing community has supplied the Commission with evidentiary
support (available at www.rrd.com/cpsia ) that books and other non-book,
paper-based printed materials should not be subject to the lead, phthalate,
and applicable ASTM standards that are referenced in CPSIA because they do
not present any of the health or safety risks to children that the law
intended to address.

ALA President Jim Rettig said he agrees that books do not pose a threat to
children and should not be subject to regulation.

"The CPSC should enforce this important legislation where the dangers are ¨C
not with books, which are not playthings and should remain unregulated,"
Rettig said.

"I sincerely doubt that Congress intended to require libraries to be subject
to this law, but if Congress does not act soon, libraries across the country
will be forced to remove books from the shelves, rather than keep them
available to serve the educational needs of our nation's children."

The ALA's letter to Congress can be viewed
here<http://www.wo.ala.org/districtdispatch/wp-content/uploads/2009/01/cpsia.pdf>
.

1 comment <http://www.wo.ala.org/districtdispatch/?p=1322#comments>
  U.S. Department of Education Announces LSL Program Competition
<http://www.wo.ala.org/districtdispatch/?p=1312>  January 08th, 2009 |
Category: School Libraries <http://www.wo.ala.org/districtdispatch/?cat=11>

The U.S. Department of Education's Improving Literacy Through School
Libraries (LSL) Program focuses on providing funding to public school
libraries in districts with 20.00 percent or more family poverty. Funds are
used to improve reading achievement through updating the library collection,
expanding internet connections, purchasing new technology, providing
professional development for library media specialists, and extending school
library hours. Please note that individual schools may not apply for this
program. This is for public local school districts or charter schools or
state-administered schools that are considered local school districts by
their State Educational Agency. More information about this program can be
found on the program's Web site www.ed.gov/programs/lsl.

 The Department announced the 2009 LSL program competition in the Federal
Register on Tuesday, January 6, 2009, and applications will be due on
Friday, March 6, 2009, at 4:30 P.M. Eastern Time.  Approximately 18.5
million dollars will be available for funding, and an estimated 80 grants
will be awarded under this competition.

It is important to note that LSL applicants must use the U.S. Federal
Government's Grants.gov applications system to apply. It is vital that all
applicants register early, since the registration process on Grants.gov can
take from 7 to 10 days. Please note that if you are registered, you must
make sure your information is up-to-date.

The LSL application package can be found on www.grants.gov along with
instructions for registering in the Grants.gov system and applying for
grants. You may download the application package before you register.  Once
you are on the www.grants.gov home page, click on "Apply for Grants" at the
left of the screen.  Then click on "Step 1 Download a Grant Application
Package."  At "CFDA Number" type in "84.364¡å and then click on "Download
Package".  Then scroll to the bottom of the page and click on the link to
download the application package.  Make sure you have a recent version of
Adobe Reader. It is also necessary to remember to send in your application
at least three days before the closing date of the competition, since it can
take that long to process the application.

You may access the full application package on the program Web site
www.ed.gov/programs/lsl under "Applicant Info," and this page also contains
information on how to register for free technical assistance conference
calls. The Federal Register Notice can be found at
http://www.ed.gov/legislation/FedRegister/announcements/2009-1/010609d.html.

If you have any questions please e-mail Dr. Irene Harwarth, Team Leader for
the Improving Literacy Through School Libraries program at
irene.harwarth at ed.gov.

No comments <http://www.wo.ala.org/districtdispatch/?p=1312#respond>
  House Passes Presidential Records Act Amendments and Presidential Library
Donation Reform Act <http://www.wo.ala.org/districtdispatch/?p=1301>
January 08th, 2009 | Category: Government
Information <http://www.wo.ala.org/districtdispatch/?cat=3>

The House is back in session and is already getting to work. Yesterday, they
voted on and passed H.R. 35, Presidential Records Act Amendments of 2009 and
H.R. 36, Presidential Library Donation Reform Act of 2009.

H.R. 35 revokes President Bush's executive order (E.O. 13233). This ruling
invalidates part of E.O. 13233 that allows former Presidents and Vice
Presidents to review executive records before they are released under the
Freedom of Information Act.

Presidential records are an important resource for historians and the larger
public, and it is vital that these papers are made available. H.R. 35 passed
(359-58) and hopefully will have similar success in the Senate.

Presidential Library Donation Reform Act of 2009, sponsored by Oversight and
Government Reform Chairman Towns, makes it mandatory to disclose all
donations to charities set up to build presidential libraries. It passed the
House (388-31).

Now is the time to reach out to your Senators and ask them to support these
bills. Visit the ALA Legislative Action Center
<http://capwiz.com/ala/home/>to learn more about contacting your
elected officials.

Jessica McGilvray, Assistant Director
ALA Office of Government Relations
jmcgilvray at alawash.org
1-800-941-8478
202-628-8410
No comments <http://www.wo.ala.org/districtdispatch/?p=1301#respond>
  OITP Contributes Article for January 2009 *Library Technology Reports*
<http://www.wo.ala.org/districtdispatch/?p=1284>  January 07th, 2009 |
Category: OITP <http://www.wo.ala.org/districtdispatch/?cat=5>

[image: ltr-09-cover]

Check out the January 2009 issue of *Library Technology
Reports*<http://www.techsource.ala.org/ltr/>,
where OITP IT Policy Analyst Timothy Vollmer has written a piece
titled "On-the-Ground
Lesons from OITP's Public Library Connectivity Study"
(PDF)<http://www.wo.ala.org/districtdispatch/wp-content/uploads/2009/01/ltr-jan09-tvol.pdf>.
His article discusses findings from the 2007 OITP Connectivity Study,
examining the exploding demand for broadband connectivity at public
libraries, analyzing barriers to increasing connectivity, and suggesting
ways libraries and policymakers may better plan for and implement fast
connections in public libraries. From
ALATechSource<http://www.techsource.ala.org/>
:

In the January 2009 issue of *Library Technology Reports*, "Funding ad
Budgeting for Library Technology in Today's Economy," by Larra Clark and
Denise Davis, ALA TechSource responds to the economic situation with a
timely report that offers a detailed look at the library-funding landscape
and features expertly authored practical guidelines for stretching a
library's budget as far as it can go.

"This issue examines the current state of library-technology funding,
looking at common problems and concerns among librarians who make
technological decisions for their facilities throughout the United States.
It also analyzes in detail funding sources and patterns in public libraries
by size and population served," explained Dan Freeman, ALA TechSource
editor. "A look at qualitative data from a series of visits to public
libraries around the country¡ªwhere the authors interviewed staff to get a
more detailed look at how librarians deal with technology funding issues¡ªis
also in the issue," he added.

No comments <http://www.wo.ala.org/districtdispatch/?p=1284#respond>


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-- 
Diedre Conkling
diedre08 at gmail.com
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