Regulations for lead levels in toys affect sales of all-terrain vehicles

A new federal law enforcing lead content limits in children's toys has put the brakes on a popular family recreational activity in the desert.

The Consumer Product Safety Improvement Act enacted Feb. 10 sets new limits on lead content, defining any children's product that contains more than 600 parts per million of lead in any accessible part as a "banned hazardous substance."

The law effectively bans the sale of ATVs, or all-terrain vehicles, and minibikes made for children 12 years and under. ATVs have lead in the batteries, paint and metal alloys.

Manufacturers have advised retailers to take the vehicles off their showroom floors. Retailers can be fined up to $100,000 for violating the law and up to $15 million for repeated violations.

"It's something that kind of snuck up on us," said Tom Scales, owner of Nevada Suzuki on Boulder Highway. "It came down through Suzuki distributors all of a sudden to set a time to get rid of the product, to sell it legally by the cutoff date. I think it's gone too far. It's too far-reaching.

"I can understand lead in paint and lead toys that can be handled by children. I have grandchildren and I'm sympathetic to safety issues. This went overboard and had another agenda," he said.

Some organizations such as the Parent Teacher Associations want to outlaw any motorized vehicles for children and this was a way to achieve it, Scales said.

Dealernews, an industry magazine, has estimated that inventories of more than $100 million are affected by the law. Scales said he had to put 25 to 30 youth vehicles valued at about $45,000 in storage.

The ban is harming motorcycling and ATV riding, said Paul Vitrano, general counsel for the Motorcycle Industry Council and Specialty Vehicle Institute of America. He's calling for businesses and customers to support the Motorcycle Industry Council's petition for a stay of the sales prohibition.

He said the industry is only asking for common-sense exclusions for powersports parts that simply do not present any risk to children in the real world.

"Kids don't lick or eat ATV and motorcycle components," Vitrano said Tuesday. "Every day that goes by for dealers and customers isn't doing anyone any good. It could force kids to ride ATVs and bikes that are too large for them."

Most of the components on smaller ATVs and dirt bikes comply with the law, he said. However, some parts such as valve stems on tires, aluminum in brake components and terminals on batteries unavoidably contain small quantities of lead in excess of the limits.

Vitrano said the motorcycle council submitted scientific support with the petition, including a toxicologist's analysis of exposure to lead from the clutch and brake levers. The risk from handling those parts is substantially less than the default amount of lead in food and water, the attorney said.

Pike Reitz, owner of ATV Cycle Sports on Craig Road, said the Quad Sports 50 made for children over 6 years of age has nothing on top that's painted. It's all plastic. Even the levers are coated.

"Ninety percent of riders ride with gloves," Reitz said. "We've got kids gloves, long-sleeve shirts, pants, boots, helmets. If kids are properly protected, they're fine. That's a parents' issue."

Reitz sells ATVs on consignment and therefore was able to display the youth model. He said dirt bikes used to outsell ATVs, but with moms and kids now riding, ATVs outsell bikes 2-to-1.

Congress gave the U.S. Consumer Product Safety Commission only limited authority to grant relief from the new lead limits.

The commission said it will accept a manufacturer's determination that a lead-containing part on its product is inaccessible to a child and not subject to the new lead limits, if it is consistent with the commission's proposed guidance or is based on a reasonable reading of the inaccessibility requirement.

Paint and other coatings or electroplating are not considered barriers that make a component inaccessible.

Attorney Vitrano said the industry is requesting relief based on an existing exemption in Europe that sets the parts-per-billion lead standard at a higher threshold for motorized sports.

Contact reporter Hubble Smith at hsmith@reviewjournal.com or 702-383-0491.