Sale Of Kids Bikes Banned Due To New Lead-Testing Rules?

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html

FOR IMMEDIATE RELEASE
January 30, 2009
Release #09-115
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908


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 childrenís 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 ñ large and small ñ of childrenís 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 childrenís 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 childrenís jewelry effective for products made after March 23, 2009.
Certification requirements applicable to ATVís 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, childrenís 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 www.cpsc.gov/about/cpsia/cpsia.html for more information on all of the efforts being made to successfully implement the CPSIA.

Statements on this vote by Acting Chairman Nancy Nord and Commissioner Thomas H. Moore are in portable document format (PDF).

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Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov.

urgent

**URGENT**

As of Tuesday, February 10th, 2009, the small powersports industry has all but been shut down. This affects not only dealers and new units but individuals all across the U.S. New and used units as well as parts avilability for every used unit in the nation has been called under question. This issue is far reaching not only financially but also concerning safety. With the suspension of proper sized ATV's and motorcycles suspended, young riders will be tempted to use improperly sized and built machines which could (but Lord willing won't) lead to severe injuries.

There is a waiver now setting before the Consumer Product Safety Commission in Washington DC, but has not been acted upon as of yet. We need every available rider, Mother, Father, Grandmother, Grandfather, Aunt, Uncle and any relative, friend neighbor, business or personal contact or any person who is a legal us citizen to get involved. They need to access this website, read the sample letter, type in their name and addresss then click the "send a letter on my behalf" icon below it. This will generate correspondence to all the committee members in Washington that are on the committee that oversee the commission that could act upon this. The commission members as well as my office will also receive copies of the letters set so we can be the most effective voice we that we can. The sport as well as the industry is in turmoil and time is short. The future of small powersports is at risk! PLEASE ACT NOW!!



SEND A LETTER TO THE U.S. CONGRESS
Please go to http://www.tomself.com
to sign letter to congress - we have to stop this!!

I just received an email from the local OSET (electric kids trials cycles) dealer asking support to go to http://www.tomself.com and add your name to the list.
Attached with that email was a letter from Polini stating that as of 02-10-2009 they have been ordered not to sell kids cycles or parts for the cycles.
The email from the OSET dealer said they also received the letter stating no sales after 02-10-2009.
Only takes a minute to add you name to the list.
This is the site for a state rep that is trying to make things right.
Can anyone confirm if the emails I received are old and sales are still allowed or if the information I have is correct.
Either way, only takes a second to help the cause by clicking on the website, nice to see someone in government with some common sense.

I sent the letter in my support. Thank you

A possible comparative issue. Children's books in libararies.

You need to get some action like the librarians did on this issue. This law also targeted children's books and was originally written so that all libraries had to test ALL children's books for lead in the ink. For a small library, you are looking at 30,000 volumes. Thankfully, we can be a pretty damn loud profession and got a one year stay on books, but all the toys and such that are out in children's areas are on the chopping block. These idiots had no clue what they were getting themselves into when they wrote this

Very well put Kelly,,,,WE NEED TO GET THIS STOPPED NOW..... SO PLEASE PEOPLE,,,DO YOUR PART,AND LET YOUR VOICE BE HEARD. Thank You for the link and helping with getting this matter resolved.

Letter sent.

Hey guys,
This must be for real !
KTM Talk has stickies up everywhere about it. Plenty of talk on Thumper Talk also.
Any bike or atv designed for a 12 year old or younger must be pulled off the floor. Post on KTM Talk was stating that Honda is pulling from 100cc down / KTM 85cc down / Suzuki - Yamaha - Kaw are pulling 125 down.
Do not shoot the messenger, this is just what I have collected so far.
Coffee, perhaps this is worthy of a sticky as the tariff was.
I know most of us are old and fat and may not have kids, but this just WRONG.

Yes this is very real. I contacted Tom Self on Tuesday.

OK, I see we are talking about the same topic in two locations (URGENT) in Cafe Diner.
Do not know if this belongs in the Newsroom or the Main Forum, either way we need everyone's support and take a second to visit http://tomself.com
Pull up your buddy list, enter the link and send off to everyone you think will take a second and reply.
Do we have any moderators or are they all off playing in Baja? This needs to be a sticky. The tariff was "talked about", this done happened and needs reversed ASAP.

move it copy it whatever. ive posted this on all the forums im on.

It's real, that's for sure! We just had to pull our Kymco kids quads off the floor.
Crazy!

Later,
Jeff Tasky

http://www.motoxposure.com/tv/video/letthekidsride.htm

I feel so bad. I have totally failed as a father. I raised my kids on bikes, I really tried to give them the best shot at being responsible, safe riders while at the same time having as much fun as possible. Dang it, I never thought to tell them to not EAT their bikes. How could I of overlooked such a basic instruction. There grown now and moved out on their own and teaching their kids to ride. I'm afraid the sin of the father as been passed on.
Luckily the government has stepped in and will at the least, be able to save my great grandkids from such a horrible demise.

Who will be joining me at Malcolm Smith Motorsports today to show support for malcolm and his act of civil disobedience? All Husky riders report.