Dear President Barack Obama, Representative Schakowsky, Senator Durbin, the candidates in the 5th Congressional District and Rahm Emanuel:
The Consumer Product Safety Improvement Act (CPSIA) was signed into law on August 14th of last year after receiving broad support from both the House and Senate. I appreciate that this landmark legislation is intended to improve the safety of our nation's consumers and I support the CPSIA's goal of protecting children from harmful substances. However, I am concerned about the potential unintended consequences of the legislation.
One sector particularly affected by the new lead content standards, under section 101(a), is the off-highway vehicle industry. Under the CPSC's interpretation of the CPSIA, engines, brakes, wheels, tires, and suspension parts on these vehicles must be tested and meet the lead standard due to remote concerns over lead exposure to children six years or older. While the law provides some exclusions for inaccessible components and also authorizes the CPSC to grant exemptions under certain conditions, to date the CPSC has not done so for products in the off-highway vehicle industry. This situation has resulted in HUGE inventories of products - which present no health risk to children - to be rendered retroactively illegal, and prohibits the future sale of these products because all available exemptions have yet to be clarified.
Off-highway vehicle recreation is enjoyed by all ages and contributes significantly to the national economy. I thus urge the CPSC to grant the petition for temporary exclusions submitted by the snowmobile, ATV, and off-highway motorcycle industry.
Respectfully,
Craig Gernhardt
AMA #725503
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