CPSC Blocks MIC Lead Content Petition

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The Consumer Product Safety Commission (CPSC) has denied the motorcycle industry’s request for temporary relief from the lead content rule covering children’s toys that became effective Feb. 10, 2009, saying it didn’t have authority to grant that relief.

The petitions filed by the Motorcycle Industry Council (MIC) and the Specialty Vehicle Institute of America (SVIA) sought temporary exclusions that would have provided an opportunity for powersports companies to clear out inventories that do not meet the new standards.  The CPSC now will consider the MIC/SVIA submissions as it finalizes its rule-making for granting permanent exclusionsThe standards are part of the Consumer Products Safety Improvement Act (CPSIA) that became law last August. The law limits the amount of lead in paint and total content of products produced primarily for children ages 12 and under. The law applies to children’s ATVs, motorcycles, and related parts, accessories and apparel.

The prohibited products are considered hazardous substances and the fines for selling such products are stiff: up to $US 100,000 per infraction and up to $US 15 million for repeated violations.

In a letter to the MIC/SVIA reviewed by Dealernews magazine, the CPSC’s general counsel wrote that the CPSC does not have the authority to grant the requested delay. The commission can exclude certain materials only after “notice and a hearing and only if the commission makes the findings” as specified in the law, the letter states.

The comment period on the rule ends today (Feb. 17, 2009). “In the normal course,” says Paul Vitrano, MIC general counsel, “it would be months after that date. But they may expedite in these circumstances,” he said.

In addition to gathering signatures on letters to CPSC at the recent Dealer Expo in Indianapolis, the MIC/SVIA also is using the Americans for Responsible Recreational Access (ARRA) at http://www.arra-access.com to generate constituent letters to members of Congress. Citizens also are encouraged to visit http://www.tomself.com, a website developed by Missouri Rep. Tom Self that helps users generate letters to relevant Congressional sub-committee members.

“My mantra is that kids don’t lick or eat ATV or motorcycle parts,” says Vitrano. “The truly ironic thing here is that this law has made these products unavailable out of concern for a lead risk that is not even real, and yet by making them unavailable, it possibly created a real risk for kids riding vehicles that are too large for them.”   JD

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

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One Response to “CPSC Blocks MIC Lead Content Petition”

  1. Tad Reedy Says:

    This ban is going to effect every aspect of the motorized vehicle industries. Next they will ban cars, because they will be afraid that we will eat them. Give me a break!!! If a kid is going to eat a motorcycle or an atv, they have bigger problems than lead!

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