FIRST REGULAR SESSION

House Resolution No. 736

95TH GENERAL ASSEMBLY

1995L.03I

            Whereas, a new federal law aimed at protecting children from lead in toys has also forced a nationwide halt in sales of off-road motorcycles and recreational vehicles built for young riders, halting a multimillion-dollar industry that was thriving despite the recession; and

            Whereas, on February 10, 2009, the new Consumer Product Safety Improvement Act (CPSIA) requirements that limit the lead content in all children's products went into effect; and

            Whereas, under the CPSIA, "children's product" means a consumer product designed or intended primarily for children 12 years of age or younger; and

            Whereas, youth model all-terrain vehicles (ATVs) and off-highway motorcycles, as well as parts and accessories for youth ATVs and motorcycles are severely impacted by the new lead limits established under the CPSIA; and

            Whereas, over 50,000 U.S. citizens have requested through www.tomself.com alone that a letter be sent on their behalf to the Consumer Product Safety Commission voicing their concerns on this small powersports issue; and

            Whereas, there are many other ongoing efforts which are receiving a large volume of responses from citizens similarly concerned with this small powersports issue; and

            Whereas, as a result of the CPSIA, thousands of powersports dealers were told to halt all sales of vehicles designed for children 12 and younger, new and used; and

            Whereas, the Motorcycle Industry Council estimates nearly 100,000 youth bikes were sold in the United States in 2008. An industry trade publication estimates the value of inventory at United States dealers which can no longer be sold probably exceeds $100 million; and

            Whereas, beyond the current inventory, there are millions and millions of dollars worth of parts now in the product pipeline to dealers that cannot be sold; and

            Whereas, the industry estimates the retail market value for all off-road cycles and ATVs at $14.5 billion a year, including sales, service, parts, accessories, and payroll; and

            Whereas, consumers have borrowed significant amounts of money on untold hundreds of thousands of youth ATVs and motorcycles; and

            Whereas, parts for these youth ATVs and motorcycles are now unavailable, which in many cases renders the ATV or motocycle inoperable or not safely operable; and

            Whereas, if parts are not readily available, owners and operators may be tempted or forced to go beyond normal maintenance and repair guidelines, resulting in an improperly performing machine; and

            Whereas, some machines may require some wear parts to be replaced in as little as 10 hours of use and operators may try to operate improperly sized units if properly sized units are not readily available; and

            Whereas, the Consumer Product Safety Commission needs to take a common sense approach to implementation of the CPSIA's lead provisions in order to avoid major disruptions to youth ATV and motorcycle enthusiasts, owners, manufacturers, and the dealer network of thousands of small, independent businesses which employ tens of thousands of Americans; and

            Whereas, while protecting children from those products that truly present a lead risk is important, there should be a waiver or exclusion for products that do not present risk to children; and

            Whereas, while the CPSIA provides for exclusions and authorizes the Consumer Product Safety Commission to grant exclusions under certain conditions, to date the Consumer Product Safety Commission has not granted any exclusions for youth ATVs and motorcycles; and

            Whereas, any delay in providing a waiver or exclusion for youth ATVs and motorcycles creates an untenable situation for thousands of owners, manufacturers, and dealers, many of whom are small businesses. Huge inventories of products that present no health risk to children are rendered retroactively illegal, and future products are prohibited from sale; and

            Whereas, a waiver or exclusion for youth ATVs and motorcycles is needed because, in the absence of government action, there likely will not be any new youth ATVs or motorcycles available for purchase in their local dealerships and owners will not be able to obtain parts for youth ATVs and motorcycles already purchased:

            Now, therefore, be it resolved that we, the members of the Missouri House of Representatives, Ninety-fifth General Assembly, strongly urge the Consumer Product Safety Commission to provide a waiver or exclusion for youth ATVs and motorcycles from the lead limit requirements of the Consumer Product Safety Improvement Act; and

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Consumer Product Safety Commission, the Congressional committees of the United States House and Senate with oversight of the Consumer Product Safety Commission, and each member of the Missouri Congressional delegation.

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