A further question is what to do about public libraries, which daily expose children under 12 to pre-1985 editions of
Anne of Green Gables, Beatrix Potter, Baden-Powell’s scouting guides, and other deadly hazards. The blogger Design Loft carefully
examines some of the costs of CPSIA-proofing pre-1985 library holdings; they are, not surprisingly, utterly prohibitive.
The American Library Association spent months warning about the law’s implications, but its concerns fell on deaf ears in Congress (which, in this week’s stimulus bill, refused to consider an amendment by Republican senator Jim DeMint to reform CPSIA).
The ALA now apparently intends to take the position that the law does not apply to libraries unless it hears otherwise. One can hardly blame it for this stance, but it’s far from clear that it will prevail. For one thing, the law bans the “distribution” of forbidden items, whether or not for profit. In addition, most libraries regularly raise money through book sales, and will now need to consider excluding older children’s titles from those sales.
One CPSC commissioner, Thomas Moore, has already called for libraries to “sequester” some undefinedly large fraction of pre-1985 books until more is known about their risks.