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Are We Making Lead Law Progress? Maybe.

March 22, 2009, 10:03am
  • Home
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  • Are We Making Lead Law Progress? Maybe.
For the last six weeks many in dirt bike enthusiasts, along with every other industry affected by the CPSIA, has been writing, calling and emailing their congressmen and U.S. Senators asking them to reconsider the "lead law" and the ensuing ban on all products for children under 12 that contain trace amounts of lead. Are the letters having any effect? Check out this report from yesterday's Congress Daily on what this whole mess has meant to the members of the U.S. Senate and the House of Representatives... The implementation of the new law and the requests for guidance or relief seem to be having an impact, so keep the letters coming!

CPSC Says New Law Overwhelms Its Enforcement Efforts
Friday, March 20, 2009
by Kasie Hunt?

Product safety legislation that banned lead and phthalates from children's toys has overwhelmed the regulatory agency responsible for implementing the law, Consumer Product Safety Commission officials wrote to Congress today. "Because requested funding for implementation of the new law was not forthcoming ... implementation of the [legislation] has impacted our ongoing safety mission by delaying and deferring work in many other areas," the letter said. "The deadlines mandated in the [legislation] have jeopardized our ability to meet Commission priorities and proven to be too much for a relatively small agency to handle all at once." The letter is a response to a series of questions posed by Rep. John Dingell, D-Mich., the former chairman of the House Energy and Commerce Committee and a chief architect of the original bill. That legislation banned lead and chemical phthalates in children's toys while reauthorizing and increasing funding for the CPSC.

While the legislation's ban on phthalates was more controversial at the time, the provision banning lead in all parts of children's toys has turned out to be the most problematic. Many retailers -- including thrift stores, bookstores, and even yard sales and church bazaars -- have been affected and the agency said it has been inundated with requests for guidance. "The scope of products covered by the new regulation and the amount of inventory implicated went well beyond what many may have contemplated," the letter said. The agency placed the cost of lost business at well over $1 billion and said "millions" of products were likely sitting in warehouses to be destroyed. The agency is asking Congress to allow risk-based assessments to prioritize the testing requirements in the law. Lead in a bicycle might be less dangerous than lead in children's jewelry that could be easily handled and ingested by a toddler, the agency points out.

House and Senate Democrats blamed the agency for the delays in a February letter and called on President Obama to quickly appoint a new CPSC commissioner. "Unfortunately, the implementation process of the [legislation] has been grossly mishandled by acting Chairman Nancy Nord," the Feb. 3 letter said. Senate Commerce Chairman John (Jay) Rockefeller, Sen. Mark Pryor, D-Ark., House Energy and Commerce Chairman Henry Waxman and Rep. Bobby Rush, D-Ill., signed the letter. Nord still heads the agency. House Energy and Commerce ranking member Joe Barton has called for Congress to delay implementing the legislation and wants to hold hearings on the issue. Calls to Dingell's office were not immediately returned.
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