THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY HANNA, BELFANTI, CAUSER, CONKLIN, DeWEESE, GEORGE, GODSHALL, HESS, HORNAMAN, KORTZ, PASHINSKI AND READSHAW, DECEMBER 17, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 17, 2009  

A RESOLUTION

Urging the Congress of the United States to amend the Consumer

Product Safety Act to exclude youth all-terrain vehicles,

off-highway motorcycles and snowmobiles from the lead-limit

requirements of the Consumer Product Safety Act.

WHEREAS, A recent amendment to the Consumer Product Safety

Act (Public Law 92-573, 15 U.S.C. § 2051 et seq.), aimed at

protecting children from lead in toys, has also forced a

nationwide halt in sales of off-highway motorcycles and

recreational vehicles built for young riders, a multimillion

dollar industry that was thriving despite the recession; and

WHEREAS, On February 10, 2009, the amendment to the Consumer

Product Safety Act that limits the lead content in all products

made for children went into effect; and

WHEREAS, Under the Consumer Product Safety Act, "children's

product" means a consumer product designed or intended primarily

for children 12 years of age and younger; and

WHEREAS, Youth-model all-terrain vehicles (ATVs), off-highway

motorcycles and snowmobiles, as well as the parts and

accessories for youth ATVs, off-highway motorcycles and

snowmobiles, are severely impacted by the new lead limits

established under the Consumer Product Safety Act; and

WHEREAS, As a result of the Consumer Product Safety Act,

thousands of powersports dealers were told to halt all sales of

new and used vehicles designed for children 12 years of age and

younger; and

WHEREAS, Consumers have borrowed significant amounts of money

on hundreds of thousands of youth ATVs, off-highway motorcycles

and snowmobiles; and

WHEREAS, Parts for these youth ATVs, off-highway motorcycles

and snowmobiles are unavailable, which in many cases renders the

ATVs, off-highway motorcycles and snowmobiles inoperable or

unsafe to operate or causes the machines to perform improperly;

and

WHEREAS, Congress needs to adopt a common sense approach to

the implementation of the lead provisions in the Consumer

Product Safety Act in order to avoid major disruptions to youth

ATV, off-highway motorcycle and snowmobile 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 an

exclusion for products that do not truly present a lead risk to

children; and

WHEREAS, While the Consumer Product Safety Act provides for

exclusions and authorizes the Consumer Product Safety Commission

to grant exclusions under certain conditions, the Consumer

Product Safety Commission has not granted any exclusions for

youth ATVs, off-highway motorcycles and snowmobiles to date; and

WHEREAS, Although the Consumer Product Safety Commission has

issued a stay until May 1, 2011, any further delay in providing

permanent relief for youth ATVs, off-highway motorcycles and

snowmobiles creates an untenable situation for thousands of

owners, manufacturers and dealers, many of whom are small

businesses; and

WHEREAS, Large inventories of products that present no health

risk to children are rendered retroactively illegal, and future 

products are prohibited from sale; and

WHEREAS, State Attorneys General have the authority to

enforce the Consumer Product Safety Act regardless of the stay;

therefore be it

RESOLVED, That the Senate of the Commonwealth of Pennsylvania

urge the Congress of the United States to pass legislation that

excludes all youth all-terrain vehicles, off-highway motorcycles

and snowmobiles from the provisions of the Consumer Product

Safety Act; and be it further

RESOLVED, That a copy of this resolution be transmitted to

the President of the United States, to the presiding members of

each house of Congress, to each member of Congress from

Pennsylvania and to the members of the Consumer Product Safety

Commission.