CPSC Takes Further Steps on 12 Month CPSIA Lead Content Stay for Youth ATVs
The Consumer Product Safety Commission has taken further steps to stay the lead content1 provisions of the Consumer Product Safety Improvement Act of 2008 (CPSIA2) for youth all-terrain vehicles (ATVs) for 12 months.
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Commissioner Moore Agrees with Nord to Deny ATV Petition and Direct Staff to Stay CPSIA Lead Content for Youth ATVs
In agreement with CPSC Acting Chairman Nord's recent vote, CPSC Commissioner Moore has also voted to deny the ATV industry request for a CPSIA lead content exclusion for certain youth ATV components due to the "extremely restrictive language" of the CPSIA and to direct CPSC staff to prepare for Commission vote a draft Federal Register document to stay enforcement of the CPSIA lead content limits for 12 months for youth ATVs.
As there are currently only two CPSC Commissioners, with Commissioner Moore's vote, these decisions are now unanimous. (See ITT's Online Archives or 04/07/09 news, 09040710, for BP summary of Acting Chairman Nord's April 3, 2009 vote.)
Congress Has Indicated CPSC Has Authority to Make Sensible Allowances
According to Commissioner Moore, it is clear from the recent post-enactment statements of some Members of Congress who were Conferees on the CPSIA that they believe the CPSC has the authority to make sensible allowances for these vehicles as long as child safety is not compromised. (See future issue of ITT for BP summary of recent letter from 28 Members of Congress on this issue.)
Moore Says Compelling Safety Arguments Justify Enforcement Stay
Commissioner Moore states that there are compelling safety arguments that justify a CPSIA lead content stay for youth ATVs, including assertions that certain vehicle components cannot be made with lead below a certain level without compromising the structural integrity of the component, that certain manufacturers are simply relabeling youth ATVs, etc.
Moore adds that the direction he and Nord are providing balances the Congressional desire to protect children from unnecessary contact with lead with the need to protect them from the potential for physical injury related to riding inappropriate adult-sized vehicles, or riding vehicles either in need of repair or less structurally sound than the ones currently on the market.
1Effective February 10, 2009, consumer products designed or intended primarily for children 12 and under that have more than 600 ppm of total lead content by weight in any accessible part are considered banned hazardous substances. This is followed by decreases in the allowable limit to 300 ppm on August 14, 2009 and if feasible, to 100 ppm on August 14, 2011. (Paint, coatings or electroplating may not be considered a barrier that would make the lead content of a product inaccessible to a child.) CPSC has determined that the lead content limits apply not only to products manufactured after the effective dates, but also to products manufactured earlier that are sold from inventory or on store shelves after the effective dates.
However, the CPSIA allows CPSC to: (1)grantexclusions for materials or products that exceed the CPSIA lead content limits for children's products but which will not result in any absorption of lead into the human body or have any other adverse impact on public health or safety; or (2)makedeterminations that certain commodities or classes of materials or a specific material or product (material/product) do not exceed the CPSIA lead content limits for children's products.
2Enacted as Public Law 110-314 on August 14, 2008.
(See ITT's Online Archives or 04/06/09 news, 09040605, for BP summary of Senator Durbin criticizing Acting Chairman Nord for her criticism of the CPSIA.
See ITT's Online Archives or 03/25/09 news, 09032505, for BP summary of letters by Nord and Moore (who disagreed with Nord's approach) to Congressman Dingell answering questions and raising staff concerns about the CPSIA.
See ITT's Online Archives or 03/11/09 news, 09031115, for BP summary of CPSC final rule on procedures for requesting CPSIA lead content exclusions and determinations.
See ITT's Online Archives or 02/10/09 news, 09021005, for details of CPSC's enforcement policy that went into effect February 10, 2009 for CPSIA lead content.
See ITT's Online Archives or 02/06/09 news, 09020610, for BP summary of CPSC's one year stay (until February 10, 2010) of most CPSIA testing and certification requirements (but not underlying compliance), including for lead content.)
CPSC Commissioner Moore Statement (dated 04/16/09) available at http://www.cpsc.gov/pr/moore041609.pdf
Additional statement by Acting Chairman Nord (dated 04/17/09) available at http://www.cpsc.gov/pr/nord041709.pdf
CPSC Record of Commission Action, Commissioners Voting by Ballot available at http://www.cpsc.gov/library/foia/ballot/ballot09/atvexclusion.pdf
CPSC Website on the CPSIA available at http://www.cpsc.gov/about/cpsia/cpsia.html
Letter from 28 Members of Congress (dated 04/09/09) available by emailing a request to documents@brokerpower.com.