CPSC Approves Sale of Units for Youths, 12-15

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The Consumer Product Safety Commission (CPSC) said Saturday it has heard the concerns of the motorcycle and ATV industries and riders and is taking action to meet their needs.

The agency is charged with implementing the Consumer Product Safety Improvement Act (CPSIA) that was signed by President Bush last August. The law limits the amounts of lead in paint and materials contained in products designed primarily for youth age 12 and under.

Effective Feb. 10, 2009, any products for children that did not meet the requirements specified in the law could not be sold. These items include ATVs, dirt bikes, apparel, and related parts and accessories for these items.

Now, the agency has decided that machines designated for youths 12-15, formerly the Y12 category, are not prohibited under the CPSIA and can be sold, an agency representative told Dealernews magazine.

“It’s time for everyone to be aware that those models for youths 12-15 are not deemed to be children’s products under the law,” said Scott Wolfson, a CPSC spokesman. “Those that are the old Y12 or any newer version of a 12-15 year old model do not have to come off show room floors and can be sold appropriately to young riders,” he said.

Wolfson said dealers should “keep in touch with CPSC. We have heard the voices of those throughout the industry and those who are riders. We’re working as hard as we can as an agency. We have a vast child safety law we are continuing to interpret and implement in the right way.”

While Wolfson said he could not provide a date with the agency would be able to act upon petitions presented to it by the MIC/SVIA that would permit the sale of youth products, he urged dealers to view the situation calmly.

“We really want to calm down dealers,” he said. “They should get (the youth models) off their show floors and back into holding areas. It’s only been a matter of days since we received the industry’s petitions. We’re dealing with more than ATVs; we’re dealing with every single product for children under 12. We need a little bit more time to process the petitions and make assessments. We want our decisions to be based upon sound legal judgments.”

Wolfson said the agency is reviewing situations based upon child safety factors, the law as it’s written, and priorities and resources within the agency.

“The industry needs to settle down,” he said, “and give the agency the appropriate amount of time to review the petition and make sound decisions that will benefit everyone in the marketplace.”

Paul Vitrano, general counsel for the Motorcycle Industry Council (MIC), disagreed with Wolfson. “The industry and its customers cannot afford to calm down. We have products that are prohibited for no good reason and we have demonstrated that they should be excluded under the law. Plus, we are very concerned that this ban will end up driving youth to ride vehicles too big for them to operate safely.” JD

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

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