ATV News moderator
Maple Grove, MN
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It's the acronym for the Consumer Products Safety Improvement Act and it has the potential to do harm to the youth quad segment of the industry. Think of it as the "lead paint act."
Basically, this law was established to control the amount of lead paint in products intended for children. A "Children's Product", according to the Act's definition is any product sold in the U.S. (new or used) that is designed or intended primarily for children 12 and younger.
On February 10, 2009, all of these types of products sold in the U.S., must have a certificate that says the product is in compliance. Anything with lead values of exceeding 600 parts per million (ppm) will be in violation of the law.
Basically, any company with youth products must sell off the products before the deadline or attempt to do so after the deadline (even without certificates) and do so in violation of the new law.
Some may reduce the cost of merchandise in order to sell it before the new law starts.
Some consumers may be able to find a great deal.
Some businesses may choose to ignore the law.
This could potentially hurt businesses that are already struggling to make it.
Should ATVs and motorcycles be lumped in with toys and other children's merchandise?
What do you think? Share your thoughts on this topic.
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ATV News moderator
Maple Grove, MN
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UPDATE: Hey gang, it appears as though our off-road agencies need your help in voicing our concerns about the new CPSIA law. Read on and do your part - Mod
The National Off Highway Vehicle Conservation Council (NOHVCC) has forwarded this ALERT ACTION RELEASE from the Blue Ribbon Coalition (BRC). It's basically a way for you to ensure the new Consumer Products Safety Improvement Act - the new law set to start Feb. 10 - will help you contact your local legislation and tell them you oppose this ban and are asking for a more common-sense approach.
HELP STOP THE FEBRUARY 10TH BAN ON YOUTH OHVS
BLUERIBBON COALITION ACTION ALERT!
Attention BRC Action Alert Subscriber,
HELP STOP THE FEBRUARY 10TH BAN ON YOUTH OHVS
On February 10, 2009, a new law regulating lead content in certain products will go into effect. This could adversely affect companies that manufacture or distribute youth model all-terrain vehicles and off-highway motorcycles and parts and accessories for those vehicles . Dealers that sell and service those products would be impacted as well.
The Specialty Vehicle Institute of America (SVIA) and the Motorcycle Industry Council (MIC) have urgently requested the Consumer Product Safety Commission (CPSC) and federal legislators to take a common sense approach to implementation of the Consumer Product Safety Improvement Act's lead provisions.
SVIA and MIC have joined several of their member companies in filing petitions with the CPSC for emergency relief from the provisions. They are seeking a temporary final rule to exempt ATV and motorcycle components, parts and accessories in order to avoid major disruptions to enthusiasts, to the member companies' businesses, and to the companies' dealer network of thousands of small, independent businesses, which employ tens of thousands of Americans.
BRC is asking all OHV users to contact the Consumer Product Safety Commission and their elected officials today!
Use the following links to send your comments and to contact your Congressional Representatives.
Included below is a sample letter regarding the potential ban of all youth-oriented OHVs, which starts February 10, 2009.
CPSC Comment Page
BRC Rapid Response Center Release
Use the BRC Rapid Response Center to contact Members of Congress and cut, paste and edit the sample letter below.
http://www.sharetrails.org/rapid_response/
Thanks in advance for your support,
Ric Foster
Public Lands Department Manager
BlueRibbon Coalition
PS: BRC needs your support via membership and donations to help us continue our efforts to champion responsible OHV access to public lands. To sign up as a member or to make a donation, Click Here Sharetrails.org JOIN or Contribute:
_______________________________________________________________
Sample Letter:
As a member of the OHV community, I want to voice my strong support for petitions filed recently by the Motorcycle Industry Council and Specialty Vehicle Institute of America to seek emergency relief from provisions, which go into effect on February 10, 2009.
While I do support efforts by the Consumer Product Safety Commission to protect children from lead content in products that truly present a risk to children, I do not believe the Commission intended that metal parts on ATVs and motorcycles be included in that regulation because they do not present a lead risk to children.
As the spring OHV recreation season rapidly approaches, I ask you to support efforts to exclude youth-oriented OHVs - and the businesses that sell and service them - from being unnecessarily impacted by this ban, especially during this economic crisis.
Sincerely,
Your name &
Address
* This post was
edited 01/30/09 02:30pm by ATV News moderator *
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Magnum Eagle
Ridgecrest, Ca
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Joined: 04/17/2005
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In talking to the local dealer, I was informed that they will not even be able to order parts for existing machines. The Honda Rep. was in the store and confirmed that point. No "Grandfather Clause" as one might expect.
Thanks for the sample letter.
Sid
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princevaliant1975
Them big hills west of Denver
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Joined: 04/08/2003
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Gotta keep the ankle bitters from knawing on those fenders and engine cases. (mmm, that ignition cover tastes good!)
The Junk Man's video channel
ATV Magazine Blog
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ATV News moderator
Maple Grove, MN
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Prince, LOL, that's exactly what I told my wife (well sort of).
Anyway, here's a follow-up release from the CPSC, which grants a stay.
CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards or bans.
Significant to makers of children's products, the vote by the Commission provides limited relief from the testing and certification requirements which go into effect on February 10, 2009 for new total lead content limits (600 ppm), phthalates limits for certain products (1000 ppm), and mandatory toy standards, among other things. Manufacturers and importers - large and small - of children's products will not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements.
The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.
The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.
The stay does not apply to:
*Four requirements for third-party testing and certification of certain children's products subject to:
**The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;
**The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;
**The ban on small parts effective for products made after February 15, 2009; and
**The limits on lead content of metal components of children's jewelry effective for products made after March 23, 2009.
*Certification requirements applicable to ATV's manufactured after April 13, 2009.
*Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides; and
*Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.
The stay of enforcement provides some temporary, limited relief to the crafters, children's garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.
Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.
The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are not required to test and certify products under the CPSIA. The products they sell, including those in inventory on February 10, 2009, must not contain more than 600 ppm lead in any accessible part. The Commission is aware that it is difficult to know whether a product meets the lead standard without testing and has issued guidance for these companies that can be found on our web site.
The Commission trusts that State Attorneys General will respect the Commission's judgment that it is necessary to stay certain testing and certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.
Please visit the CPSC Web site at CPSC.gov/CPSIA for more information on all of the efforts being made to successfully implement the CPSIA.
To see this release on CPSC's web site, including links to statements on this vote by Acting Chairman Nancy Nord and Commissioner Thomas H. Moore, please go to:
CPSC.gov
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ATV News moderator
Maple Grove, MN
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Here's some more background info on the CPSIA law. Check out Don Amador's blog here: Don's TheGeneralRecreationDen.blogspot.com. This guy is full of off-road advice when it comes to many things, including land access and legislation.
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wolverine350rider
YFZ > 450R
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Some more info
"February 10th 2009 the power sports industry is set to receive its worst blow since the Consent Decree of the 1980s. The CPSIA, “Consumer Product Safety Improvement Act” contains a multitude of new regulations pertaining to a number of products including one particularly important section dealing with the use of lead and phthalates in children’s toys.
Lead is used as an additive in some paints, battery terminals, cable and many other products. Phthalates are used in plastic and other materials to make them more flexible or pliable. Phthalates are used in plastic and other materials to make them more flexible and have been linked to birth defects and childhood developmental issues. However, both chemicals are only harmful if injested.
As of February 10, 2009 the CPSIA will ban the manufacturing or selling of “any” products designed and or sold for use by children under twelve years of age. These products cannot use any components containing more then 600 parts per million of lead or 100 parts per million of phthalates. With the common use of these products in the power sports industry, manufacturers and dealers will by law, no longer be allowed to sell any ATVs and dirt bikes designed and marketed for children under twelve.
Besides lead and phthalates, other parts of the CPSIA deal with new safety guidelines for children’s ATVs. The new guidelines do away with the old displacement regulations for specific age groups. The new regulations set limits for top speed and various design features such as brakes, labeling, and flag pole mounts. The new safety guidelines take effect April 14, 2009.
Last year, manufacturers were asked to submit action plans on how they were going to deal with the lead, phthalates and new safety guidelines. It is our understanding that some of the major manufacturers are already compliant with all of these new regulations, but have not received approval from the CPSC on their action plans. Without approval on their action plans, manufacturers cannot continue to sell their youth models after the February 10 deadline whether they are compliant or not.
According to Lou Decuzzi President of DRR ATVs, a manufacturer of youth ATVs “The true intention of the CPSC is to eliminate sales of unsafe motor vehicles and manufacturers who haven’t complied with CPSC standards. The only problem is, they seem too overwhelmed with action plans and aren’t responding to manufacturers by the deadline they set forth. We are confident they will work through these issues”.
Other manufacturers such as Apex ATV were less optimistic. Teri Beckman from APEX said. “If this ban is not repealed, we can kiss our 10 years of research/development, hard work, marketing and racing goodbye. Not including all the money we put into the business. We will not have a business after Feb 10th, one stupid government bill to “protect us” will wipe out quite a few companies and jobs…..including ours! What the ______!”.
Glen Hansen, Communications Director for American Suzuki offered this statement, “We are 1) working with Suzuki dealers nationwide to make sure they completely understand the implications of this new legislation and how it will impact their business, and 2) we are working with Suzuki Motor Corporation in Japan as it undergoes testing and certification for the new lead-content requirements. We are also encouraging all Suzuki dealers to contact the elected officials who represent them in order to communicate the hardship this new law places on their business in this already difficult economy.”
Scott Wolfson, from the CPSC office of public affairs helped explain the new product standards to us and was eager to state the CPSC’s feelings on youth ATV models, “It is critically important to the CPSC that there be youth ATV models in the market place because we are an agency that has investigated far too many tragic deaths involving young riders who jumped on adult sized ATVs instead of ATVs appropriate for their size and capabilities.” We feel the CPSIA act has some good guidelines which will eliminate many of the unsafe off brand models being imported, but if something isn’t done fast this act is set to strike a serious blow to our industry and dozens of others.
Please help stop this tragedy before it is too late, contact your local congressman and tell them your thoughts on the CPSIA and its effect on the power sports industry. "
2007 KTM 250 SX-F FMF, Excell, Magura, Renthal, Factory connection.
07 YFZ450 SE LRD, K&N, Dyno Jet, Outerwears, Maxxis, Kenda, DWT, AC, Pro Armor, Acerbis, Rock. [[SOLD]]
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ATV News moderator
Maple Grove, MN
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The powersports industry needs your help.
Sign Petition To End CPSIA ATV Ban
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