The Consumer Product Safety Commission has extended to Jan. 25 the date by which OEMs and importers must begin using accredited third-party labs to certify that Y6 and Y10 youth ATVs meet federal standards (i.e., all the ANSI/SVIA ATV standards made mandatory by the CPSIA). The previous deadline was Nov. 26.
The CPSIA of 2008 dictates that eventually all children’s products subject to a product safety rule will require third-party testing. So while manufacturers may continue to use in-house testing for certifying adult ATVs, they are scrambling to find third-party labs for models intended primarily for children 12 and younger. The OEMs could also choose to create their own “third-party” labs through a process called firewalling.
Because no such labs exist, the SVIA had petitioned the agency for the 60-day extension allowed for by the CPSIA, which doesn’t condone further extensions.
The SVIA noted in its petition that it’s unlikely that there will be enough labs even by the new deadline. It thus asked the CPSC to “consider other forms of relief, such as a further stay of enforcement of these requirements for one year until November 27, 2011.”
The commission invites comments on the possibility of a one-year stay. The types of comments sought are outlined in a Federal Register Notice under the subhead "III Commission Action on the Petition." The deadline for comments is Dec. 30.
The stay of enforcement regarding the CPSIA “lead ban” ends May 1, 2011. At that point, the OEMs still selling illegal units will likely stop, making the third-party testing requirement a moot point. This is why the industry continues to seek a permanent solution to the lead ban through legislation.