CPSC Approves Sale of Units for 12- to 15-year-olds

The Consumer Product Safety Commission (CPSC) said Saturday it has heard the concerns of the motorcycle and ATV industries and riders and is responding by taking action to meet their needs. The agency has decided that machines designated for youths ages 12 to 15 — formerly the Y12 category — are not prohibited under new lead content regulations and can be sold, an agency representative confirms with Dealernews.

“It’s time for everyone to be aware that those models for youths 12 to 15 are not deemed to be children’s products under the law,” said Scott Wolfson, a CPSC spokesman. “Those that are the old Y12 or any newer version of a model [for 12- to 15-year-olds] do not have to come off showroom floors and can be sold appropriately to young riders,” he says.

The agency is charged with implementing the Consumer Product Safety Improvement Act (CPSIA) that was signed by President Bush last August. The law limits the amount of lead in paint and materials contained in products designed primarily for youth ages 12 and under.

Wolfson said dealers should “keep in touch with CPSC. We have heard the voices of those throughout the industry and those who are riders. We’re working as hard as we can as an agency. We have a vast child safety law we are continuing to interpret and implement in the right way.”

While Wolfson said he could not provide a date when the agency would be able to act upon petitions presented to it by the MIC/SVIA that would permit the sale of youth products, he urged dealers to view the situation calmly.

“We really want to calm down dealers,” he says. “They should get (the youth models) off their showfloors and back into holding areas. It’s only been a matter of days since we received the industry’s petitions.

“We’re dealing with more than ATVs – we’re dealing with every single product for children under 12,” Wolfson continues. “We need a little bit more time to process the petitions and make assessments. We want our decisions to be based upon sound legal judgments.”

Wolfson said the agency is reviewing situations based upon child safety factors, the law as it’s written, and priorities and resources within the agency.

“The industry needs to settle down,” he says, “and give the agency the appropriate amount of time to review the petition and make sound decisions that will benefit everyone in the marketplace.”

The new regulations went into effect Feb. 10. Any products for children that don’t meet the requirements specified in the law cannot be sold. These items include ATVs, dirtbikes, apparel, and related parts and accessories, in addition to many other products for children.

— Joe Delmont