The Consumer Product Safety Commission is considering a request to
exclude certain parts of bicycles, bicycle trailers and jogger strollers from
the lead content limits in the Consumer Product Safety Improvement Act of 2008.
CPSC staff has recommended against this exclusion and the two CPSC commissioners
were scheduled to vote on the matter May 12.
The CPSIA provides that as
of Feb. 10, 2009, products designed or intended primarily for children 12 years
of age or younger may not contain more than 600 parts per million of lead. This
limit will decline to 300 ppm as of Aug. 14, 2009. The CPSC can exclude a
specific product or material from this limit if it determines that the likely
use or abuse of that item will not result in the absorption of any lead into the
human body or have any other adverse impact on public health or safety. The
Bicycle Product Suppliers Association has asked the CPSC to grant such an
exclusion for certain parts of bicycles, bicycle trailers and jogger strollers,
including tire valve stems, spoke nipples, brake levers and brake lever
bushings.
In a May 6 memo CPSC staff agreed that exposure to lead from
these items would likely be relatively low. The staff stated that while in the
past it would have thus recommended that these items not be considered a
hazardous substance to be regulated under the Federal Hazardous Substances Act,
the CPSIA standard prohibits exclusions in instances in which any lead
could be absorbed into the human body. As a result, the staffs initial
recommendation is to not grant the request.
Last month the CPSC agreed
with a similar staff recommendation concerning an exclusion request for
all-terrain vehicles, motorcycles and snowmobiles. However, Acting CPSC Chair
Nancy Nord said that decision was made “because the clear language of the law
requires this result, not because it advances consumer safety,” and as a result
the commission stayed enforcement of the lead limits with respect to those
vehicles for 12 months. The CPSC could reject the exclusion request for
bicycles, bicycle trailers and jogger strollers as well and for the same reason,
and a similar stay of enforcement could be issued.
Nord has called on
Congress to consider how the CPSIA might be “fine-tuned” to allow legitimate
exclusion requests, and there are some efforts in Congress to enact legislation
that would make this and other revisions to the law. Another development that
could affect the way the CPSC handles lead limit exclusion requests is President
Obamas May 5 announcement that he is
nominating Inez Moore Tenenbaum, a former
education, as CPSC chair and expanding the number of CPSC commissioners from
three to five.
