South Carolina stays enforcement of youth cycle sales ban

Publish Date: 
Mar 17, 2009
By Holly J. Wagner

RALEIGH, S.C. - South Carolina dealers are getting a reprieve from a new federal law intended to keep lead-laced toys out of children’s hands.

The state’s South Carolina dealers are getting a reprieve from a new federal law intended to keep lead-laced toys out of children’s hands.

State Attorney General Henry McMaster sent a letter to the Consumer Product Safety Commission saying he will wait a year to enforce a ban on the sales of motorcycles and ATVs designed for youngsters under 12.

At just two paragraphs, McMaster’s letter didn’t mince words:

“Please allow this letter to serve as notice that I intend to stay enforcement of the Consumer Product Safety Improvement Act (CPSC) for one year for certain testing and certification requirements for manufacturers and importers of regulated products, which include products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act that added certification and testing for all products subject to CPSC standards or bans.

However, to the extent that there may be a need to enforce other provisions of the Act not by the commission, I will do what is needed to protect the citizens of South Carolina.”

The Consumer Product Safety Improvement Act of 2008 (CPSIA) requires that all youth products containing lead must have less than 600 parts per million (ppm) by weight. The CPSC has interpreted the law to apply to various components of youth OHVs including the engine, brakes, suspension, battery and other mechanical parts, creating turmoil in an industry already suffering economic setbacks.