IN THE SENATE OF THE UNITED STATES
July 28, 2011
Mr. Pryor (for himself, Ms. Klobuchar, Mr. Manchin, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To exempt off-highway vehicles from the ban on lead in children's products, and for other purposes.
This Act may be cited as
Consumer Product Safety
Flexibility Act of 2011.
Prospective application of lowest lead limit for children’s products
Section 101(a) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a)) is amended by adding at the end of the following:
Each limit set forth in paragraph (2) (except for the limit set forth in subparagraphs (A) and (B) of such paragraph) shall apply only to a children’s product (as defined in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a))) that is manufactured after the effective date of such respective limit.
Youth off-highway vehicles and bicycles
Section 101(b) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(b)) is amended—
by redesignating paragraph (5) as paragraph (7); and
by inserting after paragraph (4) the following:
Exception for off-highway vehicles
Subsection (a) shall not apply to an off-highway vehicle.
Off-highway vehicle defined
For purposes of this section, the term off-highway vehicle—
means any motorized vehicle—
that is manufactured primarily for use off public streets, roads, and highways;
designed to travel on 2, 3, or 4 wheels; and
a seat designed to be straddled by the operator and handlebars for steering control; or
a nonstraddle seat, steering wheel, seat belts, and roll-over protective structure; and
includes a snowmobile.
Bicycles and related products
In lieu of the lead limits established in
subsection (a)(2), the limits set forth for each respective material in the
notice of the Commission entitled
Notice of Stay of Enforcement
Pertaining to Bicycles and Related Products, published June 30, 2009
(74 Fed. Reg. 31254), shall apply to any metal component part of the products
to which the stay of enforcement described in such notice applies, except that
the limits set forth in such notice shall not be more than 300 parts per
million total lead content by weight for any metal component part of the
products to which such stay
Deadline for rule by Consumer Product Safety Commission on standards for all terrain vehicles
Section 42(d)(1) of the Consumer Product Safety Act (15
U.S.C. 2089(d)(1)) is amended by striking
The Commission and
Not later than 1 year after the date of the enactment of the
Consumer Product Safety Flexibility Act of
2011, the Commission.