CPSIA Update: The Billion-Dollar ‘Any’

By March 12, 2009Regulations

The Consumer Product Safety Commission on Wednesday issued its final rule on lead content in children’s products covered by the Consumer Product Safety Improvement Act. No relief anywhere.

In particular, the motorcycle and ATV industry* was paying attention to potential relief from the ridiculous provisions of the law that had dealers pulling dirt bikes and off-road vehicles from sales floor because 12-year-olds might be exposed to dangerous amounts of lead. Far-fetched, to say the least. (See ATV industry’s comment letter.)

The law is clear, and no relief is possible, the CPSC determined.

[The] addition of the word “any” made it explicit that Congress had already made this risk assessment and legislated that any absorption of lead from products or materials containing lead above the content limits established by Congress, no matter how insignificant, would be deemed unacceptable. The exclusion is not rendered meaningless, as conceivably some product could be over the lead limit but designed in a way to avoid hand to mouth exposure or some other absorption pathway in children of a certain age. Accordingly, the Commission must follow the clear language of the statute and cannot grant any exclusion that does not meet this requirement.

That’s a billion-dollar “any” right there.

How so? From Motorcycle Industry Council, “Motorcycle Industry Council Projects Lost ATV and Motorcycle Related Economic Value Could Approach $1 Billion Due to New Lead Rules”

Not to mention the costs of the lost snowmobile business, too.

The CPSC is not going to act, letter more and more jobs and businesses being destroyed because of regulatory overkill. It’s time for Congressional action. Any action.

* Seeking relief were the American Honda Motor Co., American Suzuki Motor Corp., Arctic Cat Inc., Bombardier RecreationalProducts Inc., Kawasaki Motors Corp., U.S.A., Polaris Industries Inc., and Yamaha Motor Corp., U.S.A.

Join the discussion One Comment

Leave a Reply