FAIRMONT - A law limiting lead in children's products has libraries, schools and stores worried their books may be in jeopardy.
Whether this worry is warranted isn't yet certain.
"The law itself isn't clear ... I just learned about it a few days ago," said Jennifer Jepsen, library director for Martin County Library System. "No one really seems sure about what's involved."
The Consumer Protection Safety Act of 2008 requires products intended for use by children under the age of 12 be tested for lead content.
Many of those who may be affected by the legislation have heard of the law and its attempt to fight the use of lead in children's products. What they didn't realize - until recently - is that the bill may affect children's books, and it is retroactive.
"It seems that they inadvertently passed this without realizing the full effect," Jepsen said. "Most everybody is focused on the economy right now, and that's another problem. I don't even know where the books would be sent for testing, but we would likely be expected to pay. Plus, how long would we be without books on the shelves?"
The act bans lead in children's products issued by manufacturers after Feb. 10; anything made before that date is required to have a certification of conformity. In order to obtain a certificate of conformity, products must be tested at an independent testing facility. Sellers must guarantee their products don't contain more than the maximum lead limit - 600 parts per million, though this amount will become more restrictive in the near future.
So far, no one has a feasible way to test children's books for lead.
When contacted about how Fairmont Area Schools is addressing the problem, Superindentent Butch Hanson said he was unaware of such a requirement.
"I am aware of the ban on lead in children's toys, but I haven't seen that it concerns books," he said. "Maybe it is buried somewhere in the wording of the law."
Hanson said the district will find a way to comply with the law if it is determined books are included, but he raised concerns about cost and methodology.
The American Library Association is busy researching the subject.
"There is no reason to believe there is any danger to children from books," assured Emily Sheketoff, executive director of the American Library Association's Washington office.
According to Sheketoff, publishers would be responsible for testing books created after Feb. 10, and libraries have two options: to remove children's books from the shelves or ban children under 12 from the library.
"We're still looking for another option and we're hoping common sense will take hold at the (U.S. Consumer Product Safety) Commission," she said.
Testing the books is not an option.
"... To complete the test would pretty much destroy the books," Sheketoff said.
After talking with congressmen, she was told the legislation is not aimed at children's books in libraries and schools.
"They assure me they'll straighten this out soon," she said. "... I know on Friday the commission got a number of calls, but now it's up to the commission what they're going to do."
With the law scheduled to take effect in less than a month, there isn't much time to make a clarification, and Sheketoff isn't counting on one at this point.
"Until they say otherwise, we need to prepare," Sheketoff said.
Progress has been made in slowing the forward momentum of the requirement.
"From what we understand, they're still working on this with publishers," said Amanda Frie, press secretary for U.S. Rep. Tim Walz, D-Minn. "There is an open meeting next week on what they're going to do about books. They haven't made a decision yet."
Book stores, particularly those selling used materials, also are concerned. Walz is seeking a "middle ground," saying the law was an important step in protecting the public and providing funds that testing laboratories need to upgrade their equipment and hire additional staff.
"However, we need to make sure that this law is not administered in a way that will be unnecessarily burdensome to small companies and mom-and-pop stores," Frie said.
A letter from Cheryl A. Falvey of the Consumer Product Safety Commission to the Association for American Publishers states that ordinary books - printed on cardboard or paper, not vinyl - intended primarily for children "are not subject to the ban."
However, later in the same letter, she contradicts herself, writing that the commission needs "total lead test data to support the determination that materials" - paper, paperboard, linerboard, printing inks, laminates, adhesives and binding materials - "do not contain lead at levels that exceed ... lead content limits." She adds that the commission "does not at this time have sufficient data ... to issue an exemption (for children's books)."
All of the lawmakers from Minnesota voted in favor of the federal legislation, which was co-authored by Rep. Keith Ellison, D-Minn.
"We're really hoping (Congress) will take a second look and it won't be as big a thing," Jepsen said. "Otherwise this would be a major, major problem."
Sentinel staff writers Kylie Saari, Jennifer Brookens and Megan Alexander contributed to this article.