CPSC to Prepare CSPIA Lead Content Stay for Youth Bike Parts, Etc, (Exclusion Request Denied)
The Commissioners of the Consumer Product Safety Commission have directed CPSC staff to prepare a two-year enforcement stay of the lead content provisions1 of the Consumer Product Safety Improvement Act of 2008 (CPSIA2) for certain parts of youth bicycles and related products such as jogger strollers and bicycle trailers.
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This directive accompanies the Commissioners' unanimous (2-0) vote to deny the Bicycle Product Suppliers Association's recent request for an exclusion from the CPSIA lead content limits for certain parts of youth bicycles and related products, as the CPSIA standard for granting such exclusions was not met.
(The CPSIA allows CPSC to grant exclusions for materials or products that exceed the CPSIA lead content limits for children's products but which will not result in the absorption of any lead into the human body or have any other adverse impact on public health or safety.)
Exclusion Denied Because of CPSIA Language, Not Because of Lead Risk
According to Acting Chairman Nord's statement on the Commission decision to deny the bike association's exclusion request, the request is being denied because the language of the CPSIA does not give CPSC the flexibility to do otherwise.
She adds that their vote is in spite of: (i) the CPSC staff opinion that lead exposure from bicycles and related products does not present a risk it would recommend the Commission regulate; and (ii) some lead is needed in the metal used in these products to ensure structural integrity.
Staff to Prepare for Commission Vote a Stay Lasting Until April 30, 2011
However, as both Commissioners recognize the problems of applying the CPSIA to these categories of products and given the safety concerns raised by the bike association's petition, they are directing staff to develop for Commission vote a stay of enforcement for approximately two years, until April 30, 2011.
The stay would pertain to certain parts of youth bicycles and related products such as jogger strollers and bicycle trailers manufactured before February 10, 2009, and to similar products made on or after that date through April 30, 2011.
As CPSIA is Inflexible, Use of Stays is Only Option
According to Acting Chairman Nord, the risk assessment methods traditionally used by the CPSC in evaluating lead exposure are no longer available to it under the CPSIA.
Presented with the dilemma of inflexibility in the law versus the need for regulatory action that recognizes safety and good sense considerations, the Commissioners are opting to stay enforcement.
However, according to Nord, this course of action is becoming all too frequent for the CPSC. While such action is needed to avoid market disruptions and to protect consumers, she states it is not the optimal way to implement a statute.
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 05/11/09 news, 09051120, for BP summary of the CPSC staff recommendation to deny the bike exclusion request, as the CPSIA standard for granting lead content exclusions was not met.
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.
See ITT's Online Archives or 08/27/08 news, 08082705, for BP summary of the CPSIA lead content provisions.)
Record of Commission Action and statement by Acting Chairman Nord available at http://www.cpsc.gov/library/foia/ballot/ballot09/bicycleexclusion.pdf
CPSC Website on the CPSIA available at http://www.cpsc.gov/about/cpsia/cpsia.html