This is the best article I have read from the small companies' perspective:
http://bmxunion.blogspot.com/2009/01/cpsc-lead-testing-law-interviews-part-1.html
HOWEVER, there is an interesting slant on the whole debate, which so far not that many people have raised. A lot of riders online were blaming the government for being stupid and defining 20" wheel bikes as toys. But, there is no such definition in the law. Apparently, the bicycling industry's lobbying group may be voluntarily agreeing to the 24" and under = child's bike interpretation.
The CPSA agrees with this interpretation, as indicated in their FAQ:
http://www.cpsc.gov/ABOUT/Cpsia/smbus/retailers.html#q5
Do bikes that are not intended primarily for children 12 and under need to comply with the lead limits?
No. The lead limits in the CPSIA only apply to products intended or designed primarily for children 12 and under. The lead limits apply only to those bikes which by nature of their size, design or other similar factors indicate that they are intended or designed primarily for children. Thus, a bike with a 24” wheel size or smaller would generally be considered a children’s bike and would need to comply.
MIKE CARRUTH POST ON FATBMX:
http://www.fatbmx.com/modules/news/article.php?storyid=6392
A new law was passed in the United States August 14, 2008 that would add testing for lead to thousands of items that had never had to be tested before. This came about as a result of toys being imported in to the U.S. from China earlier in the year with high levels of lead in the paint and product used to manufacture these toys and the Congress and President Bush charged the Consumer Product Safety Commission with protecting children in the U.S. from this danger.
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
http://www.vintagebmx.com/community/index.php?showtopic=27023813&st=220&p=677368&#entry677368
QUOTE (MikeCarruth @ Dec 12 2008, 06:21 PM)
As promised, I am posting the responses from the various manufacturers to this situation, as I get them.
All of the bikes produced and imported into the USA by Advanced Sports, Inc. are designed to meet or exceed current and future CPSC guidelines. We work very closely with our manufacturing partners, vendors and third party testing labs to ensure complete compliance with all regulatory standards. The new guidelines have not affected our current or future model offerings in any way.
Advanced Sports is an active member of the Bicycle Products Suppliers Association. Our voice and opinions are heard by the CPSC through the coordinated activities of the BPSA. The need for clarification is definitely there. The BPSA is working closely with the CPSC on a number of clarifications of the new CPSIA regulations.
Excluding BMX bikes from the mandate is improbable. This particular style of bicycle can be used by a wide age of riders, including riders under the age of 12. ASI supports the CPSC in a common sense approach to removing lead and other hazardous materials from products designed for younger riders. It is clearly the right thing to do. The best action for a manufacturer to take is to stay educated about the coming regulatory changes, comply with the testing requirements and be familiar with the regulations and how they relate to your products.
-Barrett
BARRETT JAMES | Compliance Administrator
Advanced Sports, Inc.
FUJI, KESTREL, SE BIKES and BREEZER
https://www.bicycleretailer.com/news/newsDetail/1996.html
11/03/2008 5:00 PM MST [ back ]
BPSA Hears Industry Concerns over New Law
CHICAGO, IL (BRAIN)—Members of the Bicycle Product Suppliers Association met on a conference call Monday morning to discuss lingering questions about complying with the new consumer product safety law.
According to the law, manufacturers need to test all bicycle products primarily intended for children 12 and under made after Nov. 12 for lead levels in paint and substrate, and ship the product with a certificate of compliance.
Many manufacturers, however, are still unclear on what the Consumer Product Safety Commission—the law’s enforcer—will consider a children’s bike and whether any adult bikes will also need a certificate.
BPSA members agreed that a general designation could be that all bikes with 24” wheels and smaller were intended for kids and 26” and over were for adults. Any gray area would need to be addressed by the manufacturer through marketing and advertising of the product.
Specialized’s Bob Margevicius suggested the bikes wouldn’t need an additional labeling to designate the size of the bike being imported as customs codes already contain that information.
“Right now, (the CPSC) is looking for easy, clean, easy to administer, customs codes sounds like a beautiful one because it’s largely going to be enforced at customs anyway,” said Erika Jones, an attorney providing legal advice to Trek and SRAM regarding the law.
The BPSA plans to take this suggestion to CPSC staff at a meeting it’s trying to set up for later this month.
If CPSC staff indicates that adult bicycles also need a certificate of compliance, manufacturers will also have to certify that those bikes meet the requirements for bicycles under the U.S. Code of Federal Requirements.
The problem is those regulations are outdated, having been enacted in the early 1970s, and some rules are no longer applicable to today’s technology.
For instance, the regulations state that the handlebar stem must have a permanent ring or mark that clearly indicates the minimum insertion depth of the stem into the fork assembly, but that doesn’t apply to today’s Aheadset style of headset.
Another rule states that pedals must use reflectors, but that rule was made before the advent of clipless pedals, many of which do not have a reflector option.
If the CPSC intends to require certificates for adult bicycles, these regulations will need to be updated, something the BPSA already intends to work on with the CPSC, according to John Nedeau, president of the BPSA.
One more sticking point with the new law pertains to the lead level requirements. As of February, children’s products with lead levels of more than 600 parts per million will be prohibited, but most Schraeder valves exceed that number.
Jones said she’s worked with other industries that will offer to the CPSC that the lead requirements apply only to products that are accessible to a child, and suggested the bike industry follow that direction.
“It’s an aggressive approach and there’s no guarantee of success, but if that group can get the commission to focus on products that children can swallow than it’s not an issue,” she said.
Those industries are suggesting the products undergo a use and abuse test and if the part can’t break off, it doesn’t have to be tested for lead content, she said.
Jones said the CPSC will likely give more guidance on topic during its public hearing Thursday on lead limits.
The BPSA plans to relay all the industry comments and concerns from Monday to CPSC staff at the forthcoming meeting, which has not yet been scheduled.
http://bmxunion.blogspot.com/2009/01/cpsc-lead-testing-law-interviews-part-1.html
HOWEVER, there is an interesting slant on the whole debate, which so far not that many people have raised. A lot of riders online were blaming the government for being stupid and defining 20" wheel bikes as toys. But, there is no such definition in the law. Apparently, the bicycling industry's lobbying group may be voluntarily agreeing to the 24" and under = child's bike interpretation.
The CPSA agrees with this interpretation, as indicated in their FAQ:
http://www.cpsc.gov/ABOUT/Cpsia/smbus/retailers.html#q5
Do bikes that are not intended primarily for children 12 and under need to comply with the lead limits?
No. The lead limits in the CPSIA only apply to products intended or designed primarily for children 12 and under. The lead limits apply only to those bikes which by nature of their size, design or other similar factors indicate that they are intended or designed primarily for children. Thus, a bike with a 24” wheel size or smaller would generally be considered a children’s bike and would need to comply.
MIKE CARRUTH POST ON FATBMX:
http://www.fatbmx.com/modules/news/article.php?storyid=6392
A new law was passed in the United States August 14, 2008 that would add testing for lead to thousands of items that had never had to be tested before. This came about as a result of toys being imported in to the U.S. from China earlier in the year with high levels of lead in the paint and product used to manufacture these toys and the Congress and President Bush charged the Consumer Product Safety Commission with protecting children in the U.S. from this danger.
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
http://www.vintagebmx.com/community/index.php?showtopic=27023813&st=220&p=677368&#entry677368
QUOTE (MikeCarruth @ Dec 12 2008, 06:21 PM)
As promised, I am posting the responses from the various manufacturers to this situation, as I get them.
All of the bikes produced and imported into the USA by Advanced Sports, Inc. are designed to meet or exceed current and future CPSC guidelines. We work very closely with our manufacturing partners, vendors and third party testing labs to ensure complete compliance with all regulatory standards. The new guidelines have not affected our current or future model offerings in any way.
Advanced Sports is an active member of the Bicycle Products Suppliers Association. Our voice and opinions are heard by the CPSC through the coordinated activities of the BPSA. The need for clarification is definitely there. The BPSA is working closely with the CPSC on a number of clarifications of the new CPSIA regulations.
Excluding BMX bikes from the mandate is improbable. This particular style of bicycle can be used by a wide age of riders, including riders under the age of 12. ASI supports the CPSC in a common sense approach to removing lead and other hazardous materials from products designed for younger riders. It is clearly the right thing to do. The best action for a manufacturer to take is to stay educated about the coming regulatory changes, comply with the testing requirements and be familiar with the regulations and how they relate to your products.
-Barrett
BARRETT JAMES | Compliance Administrator
Advanced Sports, Inc.
FUJI, KESTREL, SE BIKES and BREEZER
https://www.bicycleretailer.com/news/newsDetail/1996.html
11/03/2008 5:00 PM MST [ back ]
BPSA Hears Industry Concerns over New Law
CHICAGO, IL (BRAIN)—Members of the Bicycle Product Suppliers Association met on a conference call Monday morning to discuss lingering questions about complying with the new consumer product safety law.
According to the law, manufacturers need to test all bicycle products primarily intended for children 12 and under made after Nov. 12 for lead levels in paint and substrate, and ship the product with a certificate of compliance.
Many manufacturers, however, are still unclear on what the Consumer Product Safety Commission—the law’s enforcer—will consider a children’s bike and whether any adult bikes will also need a certificate.
BPSA members agreed that a general designation could be that all bikes with 24” wheels and smaller were intended for kids and 26” and over were for adults. Any gray area would need to be addressed by the manufacturer through marketing and advertising of the product.
Specialized’s Bob Margevicius suggested the bikes wouldn’t need an additional labeling to designate the size of the bike being imported as customs codes already contain that information.
“Right now, (the CPSC) is looking for easy, clean, easy to administer, customs codes sounds like a beautiful one because it’s largely going to be enforced at customs anyway,” said Erika Jones, an attorney providing legal advice to Trek and SRAM regarding the law.
The BPSA plans to take this suggestion to CPSC staff at a meeting it’s trying to set up for later this month.
If CPSC staff indicates that adult bicycles also need a certificate of compliance, manufacturers will also have to certify that those bikes meet the requirements for bicycles under the U.S. Code of Federal Requirements.
The problem is those regulations are outdated, having been enacted in the early 1970s, and some rules are no longer applicable to today’s technology.
For instance, the regulations state that the handlebar stem must have a permanent ring or mark that clearly indicates the minimum insertion depth of the stem into the fork assembly, but that doesn’t apply to today’s Aheadset style of headset.
Another rule states that pedals must use reflectors, but that rule was made before the advent of clipless pedals, many of which do not have a reflector option.
If the CPSC intends to require certificates for adult bicycles, these regulations will need to be updated, something the BPSA already intends to work on with the CPSC, according to John Nedeau, president of the BPSA.
One more sticking point with the new law pertains to the lead level requirements. As of February, children’s products with lead levels of more than 600 parts per million will be prohibited, but most Schraeder valves exceed that number.
Jones said she’s worked with other industries that will offer to the CPSC that the lead requirements apply only to products that are accessible to a child, and suggested the bike industry follow that direction.
“It’s an aggressive approach and there’s no guarantee of success, but if that group can get the commission to focus on products that children can swallow than it’s not an issue,” she said.
Those industries are suggesting the products undergo a use and abuse test and if the part can’t break off, it doesn’t have to be tested for lead content, she said.
Jones said the CPSC will likely give more guidance on topic during its public hearing Thursday on lead limits.
The BPSA plans to relay all the industry comments and concerns from Monday to CPSC staff at the forthcoming meeting, which has not yet been scheduled.
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Longest posts, ever. But the first few paragraphs seemed promissing on this issue...
