Lawmakers seek lead law delay

From the American Motorcyclist Association

PICKERINGTON, OH -- More than a dozen U.S. federal lawmakers are asking the Consumer Product Safety Commission (CPSC) to delay enforcement of the so-called lead law that effectively bans the sale of kid-sized dirtbikes and all-terrain vehicles (ATVs), the American Motorcyclist Association (AMA) reports.

Rep. Denny Rehberg (R-Mont.) drafted the letter and circulated it for other lawmakers to sign before sending it to the CPSC.

The CPSC -- charged with carrying out the law known as the Consumer Product Safety Improvement Act (CPSIA) of 2008 -- has already postponed enforcement of a key portion of the law until May 1. The lawmakers want the federal agency to delay the enforcement even longer so that the current Congress can tackle the issue.

"It's clear the Consumer Product Safety Commission overstepped the intent of the law," said Rehberg. "The original legislation Congress passed was meant to keep kids safe from lead content in toys. Ironically, the overreaching enforcement puts kids at risk by forcing them to use larger, more dangerous machines that are intended only for adults. An extension of the current stay will provide the necessary time for Congress to fix this problem once and for all."

The 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. Aimed at children's toys, the law also ensnared kids' dirtbikes and ATVs because trace levels of lead can be found in parts such as batteries and brake calipers.

The law also requires all children's products be tested by independent laboratories approved by the CPSC and be certified that they comply with the law.

"We do not believe the original intent of the CPSIA was to include these vehicles in the Act's lead-ban provisions, and we support legislation that would permanently exclude them from the lead ban," the lawmakers said in a Jan. 4 letter to the CPSC.

"Because of the broad definition of 'children's products' within the CPSIA and the CPSC's interpretation of the lead provision, a permanent legislative solution is needed to exempt the youth-model ATVs and off-highway motorcycles from the lead ban," the lawmakers wrote. "We ask the commission to extend the current deadline so that we may address this issue during the 112th Congress."

"It's encouraging to see these members of the House are stepping up and asking the CPSC to delay enforcement of the law," said Ed Moreland, AMA senior vice president for government relations. "This sends a clear signal that the issue is on the radar of federal lawmakers and they plan to work to solve the problem so that kids have access to right-sized machines."