I 111th CONGRESS 2d Session H. R. 4767 IN THE HOUSE OF REPRESENTATIVES March 4, 2010 Mr. Fortenberry (for himself and Mr. Shuler) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Consumer Product Safety Improvement Act to exempt ordinary books and paper-based printed material from the lead limit in such Act.

1.

Findings

Congress finds that— (1)the Consumer Product Safety Improvement Act of 2008 (CPSIA) sought to protect children from the dangers associated with products containing unreasonable levels of lead, by imposing lead standards and testing requirements; (2)the Consumer Product Safety Commission has interpreted the Act to apply to all children’s books and other printed materials; (3)the Act was not intended to apply to ordinary books and paper-based materials—those books and materials that are published on paper or cardboard and printed by conventional publishing methods; (4)comprehensive testing of finished books and their component materials that are used for printed material has found total lead content at levels considered non-detectable, or 10 ppm, well below the thresholds in CPSIA; (5)the book and printed material manufacturing process is now standardized across the United States and much of the world; (6)the publishers and printers in the United States as well as much of the world do not use lead-based chemicals or other materials in the manufacturing of ordinary books and paper-based printed material, meeting standards promulgated by the Coalition of Northeastern Governors; (7)the Centers for Disease Control and Prevention have determined there is minimal risk to children from trace amounts of lead in ordinary books and printed products produced by the same processes using the same component materials; and (8)reading books and using other printed material is critical to child development and education and schools and libraries operating under limited budgets provide millions of children with free access to ordinary books, and yet despite the lack of evidence that their books contain harmful levels of lead, libraries and other organizations may have to restrict access to children’s books due to the burdens and uncertainties associated with CPSIA’s new lead levels and testing requirements.

2.

Exemption for ordinary books and printed materials

Section 101 of the Consumer Product Safety Improvement Act (15 U.S.C. 1278a) is amended by adding at the end the following: (h)

Exclusion for ordinary books and paper-Based printed materials

(1)

In general

The limits established under subsection (a) shall not apply to ordinary books or paper-based printed materials. (2)

Definitions

As used in this subsection— (A)the term ordinary books means books printed on paper or cardboard, printed with inks or toners and bound and finished using a conventional method, which are intended to be read or have educational value; and (B)the term ‘ordinary paper-based materials’ means materials printed on paper or cardboard, such as magazines, posters, greeting cards, and similar products that are printed with inks or toners and bound and finished using a conventional method. Such terms do not include books or printed materials that are printed on material other than paper or cardboard or contain non-paper based components such as metal or plastic parts or accessories that are not part of the binding and finishing materials used in a conventional method..