CPSC’s Recent Action Doesn’t Help Powersports

by

Dealers Still Face Feb. 10, 2009, Deadline

The Consumer Product Safety Commission Friday pushed back the testing and certification deadline for its lead content rule in kid’s ATVs to Feb. 10, 2010, giving dealers and OEMs an extra year to test and certify to the safety of products. That’s good news.

But this is the bad news: The action provides no real help to our industry because dealers still must obey the Feb. 10, 2009, deadline prohibiting the sale of kid’s products that exceed the lead content limit.

Here’s the situation, as explained to me by the CPSC today:

ALL PRODUCTS SOLD BY DEALERS INTENDED FOR CHILDREN 12 AND YOUNGER MUST COMPLY WITH THE 30 YEAR OLD LEAD PAINT STANDAND AND THE NEW TOTAL LEAD CONTENT LIMITS STARTING ON FEB. 10.

DEALERS ARE NOT OBLIGATED TO TEST, BUT THEY MUST ENSURE THAT THE PRODUCTS THEY SELL TO KIDS ARE SAFE AND IN COMPLIANCE WITH THE LAW.

In a nutshell, if a retailer has a product made for kids that does not meet the lead content rule, she will be breaking the law if she sells the product after Feb. 10, 2009. These products can include machines such as kid’s ATVs, dirt bikes, motorcycles, and snowmobiles, as well as collectible toy units, helmets, parts, garments and accessories.

This is a huge problem for retailers that sell powersports products and could force some 13,000 U.S. dealers to dump products with a wholesale value of more than $50 million in the next 10 days, by my estimates.

“Unfortunately, the CPSC action is not nearly as good news as it seems,” points out Paul Vitrano, general council of the Motorcycle Industry Council (MIC). “CPSC provided no relief to our industry.”

Since the CPSC in its action Friday didn’t drop or delay the lead content limits, effective Feb 10, 2009, powersports companies will be prohibited from selling products with lead content that exceed the limits set in the law, Vitrano told me today.

“The CPSC action only stays the testing and certification requirements for those companies that know their products do not exceed the limits,” says Vitrano. “We need to continue urging CPSC and Congress to grant our petitions for temporary exclusions or to extend the effective date of the lead content limits.”

The lead content rule is part of the Consumer Product Safety Improvement Act (CPSIA) that became law last August and applies to products intended for children under 12 years of age.

I’ll have more on this in posts here over the next several days as the MIC and other industry representatives work to help dealers avoid Black Tuesday, Feb. 10. JD

Contact me with news tips and story ideas
at 952/893-6876 or joe@powersportsupdate.com.

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16 Responses to “CPSC’s Recent Action Doesn’t Help Powersports”

  1. So Long, Dirt-Bike Kids - Wheels Blog - NYTimes.com Says:

    [...] industry newsletter, Dealernews, estimated the value of affected motorcycles and other vehicles at $50 [...]

  2. Shopfloor » Blog Archive » CPSIA Update: No Dirt Bikes, No Trail Bikes, No Small ATVs Says:

    [...] industry newsletter, Dealernews, estimated the value of affected motorcycles and other vehicles at $50 [...]

  3. Lead Ban Affects Motocross Industry - Celebrity Wildcard | Celebrity Wildcard Says:

    [...] Dealer News Blog reports that there are 13,000 U.S. retailers who currently hold product with a wholesale value of $50 million.  They are anxiously awaiting further word on the subject. [...]

  4. Steve Hansen Says:

    I am hopeful that we will see some relief on this in the next 30-60 days. The news on the petitions is not all bad http://www.swhlaw.com/2009/02/cpsc-indefinitely-delays-determination.html

    there is also this bill that is forcing the issue on the “political side” http://www.swhlaw.com/2009/02/demint-introduces-consumer-product.html

    Now that the stimulus bill is done perhaps Congress can focus on this CPSIA bill which was “anti-stimulus”

  5. Joe Roth Says:

    AMA’s government relations staff has set up a Legislative Alert at

    http://www.amadirectlink.com/legisltn/rapidresponse.asp.

    This system works incredibly well because it is easy for people to do (you don’t
    even have to be an AMA member) and it results in a letter that goes to the person’s US Representative and Senators. Letters are treated more seriously by elected officials than phone calls and also, AMA can track them and report the totals to Congress.

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