FATBMX Your Online BMX News Resource Since 1998

The concept behind the CPSIA is a good one. As a parent of two small children, I absolutely want them protected from the dangers of products containing lead and other harmful chemicals. The Act, however, is written in such a way where products which (by all-but the strictest interpretations) would have no reasonable potential for mouthing by a child. The list of products which, through normal use and abuse, have little-to-no potential for mouthing is too long to list here, so I am going to address one category of products in specific:

Competition Bicycles and Accessories.

As a product category under CPSC jurisdiction, bicycles are included under CPSIA. An industry group, the BPSA (BICYCLE PRODUCT SUPPLIERS ASSOCIATION), has recommended that only bicycles with a wheel size under 24" should be included in the Act. It is all-but clear that, though nothing within the text of the law alludes to this, CPSC plans to accept this recommendation, and apply CPSIA to bicycles in this way (the idea being that such bicycles would largely be used by children under 12).

What BPSA did not place into their recommendation is an exemption for "Competition Bicycles and Accessories," specifically, BMX Racing and Freestyle bicycles. Such bicycles are not used in the same way a "neighborhood bike" is used, and there is a profound difference in construction, craftsmanship and materials between a "BMX-style" bicycle purchased at a big-box retailer, and a "Competition" BMX bicycle purchased through an independent bicycle dealer.

Manufacturers in this market are now caught in a "catch 22" where they know that there is no reasonable expectation that, through normal use and abuse, a child will come into contact with their racing bicycle in such a way that would place that child at risk for ingesting whatever lead may be present (the spokes, pedals, seat, handlebars, brakes, etc). Yet, in order to comply with the law, they need to make the very difficult decision to either undertake hundreds of thousands of dollars in, largely unnecessary, third-party testing, or close their doors.

The net effect on our industry will be the loss of thousands of jobs in the United States, both at the small and mid-sized manufacturers, and at their suppliers and vendors who rely upon them for most of their revenues.

The members of our industry support and applaud Congressman Rush, and the H.B. 4040 co-sponsors for their actions in protecting our children from the hidden dangers posed by lead in children's products.

But the misapplication of this Act, in cases like the above, promises to undo the work undertaken by Team Obama-Biden to re-start the economy and create jobs in our country.

It is my hope that Team Obama-Biden can step in to make CPSIA a "win-win," where consumers have safe toys, apparel, and other products, while at the same time, sparing the thousands of jobs which are currently at genuine risk in our industry and others due to the misapplication of the Act.

Respectfully,

Michael Carruth
Elmhurst, IL

Check the comments to this HERE. Or leave one below this article on FATBMX.com