One Small Word Is Tying Up ATV, Motorcycle Industry

The Devil is in the details, they say, and that seems to be the case in the latest episode in the lingering battle between the Consumer Product Safety Commission (CPSC) and the rest of the world. Yesterday (March 11, 2009) the CPSC published a final rule covering lead content in toys designed for children aged 12 and younger that virtually slams the door on industry efforts to avoid the foolish ban on kid’s quads, motorcycles and related parts, accessories and apparel items. The ban on kids' toys started Feb. 10. It all hinges on the three-letter word “any” that appears twice in the wide-ranging Consumer Product Safety Improvement Act (CPSIA) that became law last August. In the new rule covering exclusions, there are two references that limit CPSC flexibility, the agency says. Here they are: # First, there can’t be “absorption of any lead into the human body.” # The second is: “Nor have any other adverse impact on public health and safety.” The law is very narrowly written, a CPSC spokesman told me. If there is lead absorption into the body, blood lead levels will increase, but whether that has significance from a health standpoint remains a question. However the addition of the word “any” made it explicit that Congress had already made this risk assessment and legislated that ANY absorption of lead, no matter how insignificant, would be unacceptable, he said...Dealernews