Senator Pryor today introduced the so-called "Consumer Product Safety Flexibility Act of 2011" to amend the CPSIA. This four-pager is targeted at three problems:
First, it makes the 100 ppm lead-in-substrate standard prospective.
Second, it exempts ATVs and motocross (off-highway vehicles) from the lead standards of the CPSIA. It also gives a year extension on the standards for all-terrain vehicles.
Third, it codifies the holdings of the CPSC stay as it applies to bicycles (‘Notice of Stay of Enforcement Pertaining to Bicycles and Related Products’, published June 30, 2009 (74 Fed. Reg. 31254)), thus exempting bicycles from the 100 ppm standard.
The bill to my knowledge is not up on any of the Congressional monitoring sites yet and does not have a bill number.
This is a useful effort by Senator Pryor. For one thing, the 100 ppm lead standard issue MUST be addressed before Congress goes on its August recess. Hats off to Mr. Pryor for at least providing a means to address this issue. Rumorville has it that the Senator wants to do more than is expressed by this bill. Other Dem Senators are on the list as purportedly wanting to do more for us. All I can say is . . . get in touch with your feelings, Senators. We need help NOW and we would appreciate your help and leadership in particular.
As for saving the ATV'rs and bikers, well, they never belonged under this law in the first place. The devastation wrought by this law should have been addressed long ago. That said, there is nothing more or less sympathetic about ATVs or bikes under this law than the rest of us losers under the act. None of us were poisoning children or even injuring children with lead-in-substrate, much less phthalates. The neuroses of the consumer groups is no more applicable to bikes and ATVs than to us. [Please note my prior disclosures, dating back to January, that the AAP has long supported application of CPSIA lead provisions against the ATV industry to effect a tacit ban of youth model ATVs. The AAP admits they want youth model ATVs off the road. This duplicity exposes the sham nature of the CPSIA, how it has been misused for political reasons by the white-cloaked and self-righteous proponents of children's product safety.]
Having spent literally countless hours on advocacy on this issue since 2007, I cannot say what more needs to be said or can be said to explain how misconceived the law is. The ATVrs and bike industry should be let off the hook . . . but so should all the other innocents. If ATVs deserve a pass, so do rhinestones, so do t-shirts and shoes, so do books, so do science kits. Come on , guys, science kits?! Do you REALLY want to send America's science education back to the Stone Ages? It's time to loosen the noose on American industry.
One can only hope that this bill moves quickly through the Senate, and that the House quickly regains its Mojo on ECADA, leading to a useful and hopefully productive Conference negotiation to produce the long-awaited CPSIA Amendment that we have long craved and which is so long overdue.