Posts Tagged ‘Feb. 10’

My Guess: CPSC Will OK Sale of Kid’s ATVs

February 5, 2009

Dropping Kid’s Quads Doesn’t Help Anybody.

Agency Wants To Provide Relief

After closely following the growing industry frenzy over the possibility that we won’t be able to sell kid’s ATVs  after Tuesday, I’ve come to one inescapable conclusion:

The CPSC is not going to prevent the sale of kid’s ATVs next week.

There’s a whole fistful of reasons why the big agency isn’t going to shut down sales of ATVs to kids. And there are enough loopholes and exceptions in this poorly written law for the commissioners to wriggle through, if they wish to do so.

But here’s the bottom line:  It’s more dangerous for kids to ride adult size machines than to ride smaller machines containing lead that could hurt them if they eat the stuff. Like chewing on a battery terminal or a steel frame or a valve stem.

Which is more likely: A kid chomping on a battery cable, or a small child rolling an adult size ATV? Isn’t that a no-brainer?

So, even though the Consumer Product Safety Commission (CPSC) can’t change the Feb. 10, 2009, deadline— only Congress can do that— I’m betting that you see the commissioners take action that avoids halting sales next Tuesday. You might see that action as soon as tomorrow.

Last evening, a CPSC spokesman avoided making a flat out statement that sales of kid’s quads would be permitted next week, but he came pretty close. 

“The availability of youth model ATVs is critically important to CPSC,” Scott Wolfson told me. “We are an agency that has investigated numerous deaths of young riders who jumped on adult size ATVs.  We want to protect against these tragedies by having appropriately sized youth models that are available for parents to purchase for their children.”

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MIC/SVIA Lead Fight Against CPSIA Lead Rule

February 4, 2009

Join Other Manufacturers In Seeking Deadline Change

The MIC is moving aggressively to convince the safety police in Washington that manufacturers and retailers need some real breathing room regarding the high visibility “lead content” rule as it applies to products made for kids.

We’re talking here about the implementation of the Consumer Product Safety Improvement Act (CPSIA) that became law last August. The law prohibits, for sale to children, products that contain excessive amounts of lead after Feb. 10, 2009.

There are two provisions in the law, one covering lead paint and the second covering lead content in the total product. The content provision is especially difficult because it applies to items such as steel frames, valve stems, batteries and cables, etc.

Last week, the MIC and its sister organization, the Specialty Vehicle Institute of America (SVIA), wrote to the CPSC explaining that the agency should exempt certain materials from the law. “Because small amounts of lead are unavoidable,” wrote Paul Vitrano, executive vice president and general counsel of the SVIA, “the (member) companies will need relief from the CPSIA requirements in order to continue to sell these products on and after Feb. 10, 2009.” CPSIA refers to the law itself, the Consumer Product Safety Improvement Act.

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Deadline on Lead Content Rapidly Approaches

February 3, 2009

A Dealer Could Be Liable for Up To $15 Million In Fines

But Enforcement Is Another Question

The deadline for retailers to stop selling children’s products that violate lead content limits, set in a new consumer safety law last year, is only one week away.

Unfortunately, many powersports dealers apparently don’t realize that they could be liable for penalties reaching $15 million for violations of the law.

OK, that’s perhaps unlikely. But the Consumer Product Safety Improvement Act (CPSIA) calls for a maximum civil penalty of $100,000 per violation up to a maximum of $15 million for a series of related violations.

And, according to one attorney who is very familiar with the law, there are also criminal penalties of up to five years in jail for a willful violation of the law.

That’s a big OUCH.

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CPSC’s Recent Action Doesn’t Help Powersports

January 31, 2009

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 (more…)