From the AMA:
On April 29, the U.S. House of Representatives Committee on Energy and Commerce will hold a hearing under the Subcommittee on Commerce, Trade and Consumer Protection to discuss the Consumer Product Safety Enhancement Act of 2010 (CPSEA).
The American Motorcyclist Association (AMA) supports Congress’ effort to address the lead ban issue for youth motorcycles and all-terrain vehicles (ATVs), but is still concerned with the language of this particular bill.
The CPSEA seeks to modify the Consumer Product Safety Improvement Act of 2008 (CPSIA) that effectively banned the production and sale of youth-model motorcycles and ATVs due to lead content. After numerous calls from AMA members and the industry, the CPSEA has been drafted to provide the Consumer Product Safety Commission (CPSC) with the much-needed flexibility to issue exclusions to the lead content standards in the CPSIA.
The CPSEA also elaborates on what is meant by “normal and foreseeable use” by pointing out that the product, material or component of concern is “not likely to be placed in the mouth or ingested.” This language was included to point specifically to issues brought up by the motorized recreation community regarding the absence of any likelihood that children will put parts of their motorcycles or ATVs in their mouths.
Unfortunately, the bill leaves certain key concepts undefined and, therefore, would not be objective in its application.
Two crucial examples are the phrases “not practicable” and “no measurable adverse effect.” The first appears in reference to a petitioner for exclusion having to prove that removing lead from production is either not practicable or not technologically feasible. The second phrase would allow for an exemption if there were no adverse effect on public health.
Without definitions of those concepts, the bill is left open to interpretation and, potentially, litigation. In the case of the second phrase, a lawsuit has already occurred over the inclusion of phthalates in children’s products.
Because the CPSEA is meant to cast a broad net over children’s products covered by the original CPSIA, sweeping language and undefined phrases do not remedy the specific needs of the youth-model motorcycle and ATV community.
Here’s what the AMA needs you to do: Contact your elected Representative and let them know that you encourage his or her efforts to establish an exclusion for youth motorized vehicles, but are concerned that this bill is not yet the solution. Ask them to consider H.R. 1587 which will exempt youth-model motorcycles and ATVs from the lead content limits in the CPSIA.
Contacting your member of Congress on this issue is fast and simple. You can find their contact information by going to Issues and Legislation > Rights at AmericanMotorcyclist.com, and entering your zip code on the right side. Also, a pre-written letter has been provided for you to send immediately by following the “Take Action” option and entering your information. In the “Issue Area,” please select “Commerce.”
More information on the CPSIA, H.R. 1587, the CPSEA and what the AMA has been doing to fight the ban on youth motorcycles and ATVs can be found at http://www.amadirectlink.com/news/story.asp?id=629&s=….
