'Lead law' reprieve for kids dirtbikes up for a vote
January 28, 2011
The Consumer Product Safety
Commission (CPSC) is poised to vote on a staff recommendation to delay
enforcement of parts of the Consumer Product Safety Improvement Act
(CPSIA) of 2008, or "lead law," the AMA reports.
Specifically, the staff suggests that CPSC
commissioners delay enforcing the testing and certification
requirements for kids' dirtbikes and certain other products until Sept.
14. Currently there is a stay of enforcement that expires Feb. 10.
the same time, the staff recommends that commissioners delay
enforcement of the lead-content limit part of the CPSIA for kids'
dirtbikes and all-terrain vehicles (ATVs) until Sept. 14. Commissioners approved a stay of
enforcement of that part of the law earlier, but the stay expires May
1. Once it expires, the sale of kids' dirtbikes and ATVs will
effectively be banned because it's unknown whether the requirements of
the law can be met.
The commission is expected to vote on the staff recommendation by Jan. 31.
are urging the commissioners to approve the recommendation of its
staff," said Ed Moreland, AMA senior vice president for government
relations. "Not only is the delay important for the reasons cited by
the staff, but it also would give federal lawmakers more time to
explore legislative solutions to the problems with the law."
Jan. 25, U.S. Rep. Denny Rehberg (R-Mont.) introduced H.R. 412, the
Kids Just Want to Ride Act, which would exempt kids' off-highway
vehicles (OHVs) from the CPSIA.
"I would also like to thank the
many members of the AMA and the AMA's sister organization, the
All-Terrain Vehicle Association (ATVA), who contacted the CPSC asking
for delays in enforcement of the law," Moreland said. "And I would urge
those members and others to now contact their federal lawmakers to
support H.R. 412. The easiest way to do that is through the 'Rights'
section of the AMA website at AmericanMotorcyclist.com."
CPSIA bans the making, importing, distributing or selling of any
product intended for children 12 and under that contains more than a
specified amount of lead in any accessible part. When the law was
passed in 2008, that amount was 600 parts per million.
lead-content threshold then dropped to 300 parts per million after Aug.
14, 2010, and is set to drop to 100 parts per million, or the lowest
level that is technologically feasible, after Aug. 14, 2011.
at children's toys, the CPSIA also ensnared kids' dirtbikes and ATVs
because trace levels of lead can be found in parts such as batteries
and brake calipers. Other children's products are also affected, such
as books, clothes and microscopes.
The law also requires all
children's products to undergo expensive periodic testing by
independent laboratories approved by the CPSC and those products must
be certified that they comply with the CPSIA.
recommendation to commissioners, the CPSC staff notes that delaying
enforcement of the testing and certification requirements as well as
the lead-content limits would allow the commission to resolve a number
of lingering issues related to the CPSIA.
determining whether it's technologically feasible to lower the amount
of lead in children's products to 100 parts per million. That's because
if it isn't technologically feasible, then the CPSC can decide on
another limit, and manufacturers should know the limit before they do
their testing and certification.
In other action, the
commissioners voted on Jan. 25 to extend its stay of enforcement on the
testing and certification of kid-sized ATVs that was to expire on that
day until Nov. 27. The CPSC noted "there are still no accredited
third-party testing bodies for youth ATVs at this time" but CPSC staff
would do compliance testing.
For the latest information on this issue visit the AMA website at AmericanMotorcyclist.com.