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Feb. 19, 2009
Copyright © Las Vegas Review-Journal

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

Dealer says rule 'kind of snuck up on us'

By HUBBLE SMITH
LAS VEGAS REVIEW-JOURNAL

ATV Cycle Sports owner Pike Reitz says the Quad Sports 50 ATV made for children older than 6 has nothing on top that's painted with lead-based paint. It's all plastic.
Photos by Jason Bean/Review-Journal



Warning labels are shown Tuesday on children's all-terrain vehicles at Cycle Sports in North Las Vegas.

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."

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    • 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.

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    Marv wrote on April 08, 2009 03:48 PM: Hey Trout!
    Why don't you and your kind, leave us Law abiding people in this "Free" country alone? My kids are grown, and they never were victimized by allowning them to enjoy activities with their parents. People like you should lose a few posessions you enjoy, by "do gooders" and see if you like losing your Constitutional rights!! Imagine the one thing you enjoy the most, and being told you can't do it simply because someone says it's not safe. Think before you inject everyone around you with your intolerance.
    Congress never sees any adverce consequences for their actions, it's never about the facts, it's always about "good intentions"


    Tony Rasmussen wrote on March 05, 2009 04:38 PM: I feel Violated with the new law outlawing youth motorcycles,Do to the lead in Motorcycle.What is going to be next? My son and doughter are 9 and 10 they have been riding for years, I was going to buy them new ones today and was told they cant sall me one, So i will have to buy them one that is bigger them they need. it will be that or tell them both they cant ride any more that will make them NOT HAPPY. But they sure dont want to get lead sickness from when they chew on the componuts of the bike! I Dam those folks who think it would be better if we raised our kids in a bubble. Some people put there kids in sports some in band and Yes some in motor sports they all keep our kids occupid to keep them away from the drugs and gangs and vidio games <<< O yah are they sure there is not any lead in any of that stuff to or is it safe for our kids to blow on horn is that not bad for there teeth (proven makes the front teeth push back ) oh oh better take band away. I wish the freedom wash still in the freedom but like we all are getting to know we dont run the goverment the goverment runs us . when we cahnge it we will once agian be a free county. Untill then we are just puppits under the controll of the goverment. Thanks For your Time


    Christine Wheeler wrote on February 23, 2009 08:37 AM: " I wrote a book for all the children of this world titled Bella's Marigold Cake. Will you please help me in passing them around the world! I would greatly appreciate your generous support for it shall offer encouragement to developing minds, which will help all of us, it's our future! You can purchase a copy of my book by going to my author website at: www.eloquentbooks.com/BellasMarigoldCake.html It is also available on amazon.com and barnesandnoble.com, plus many other online bookstores. ISBN: 978-1-60693-100-4 ISBN / SKU: 1-60693-100-8
    Respectfully, Christine (author of Bella's Marigold Cake) "


    stupid stupid stupid wrote on February 19, 2009 08:15 PM: Government creates stupid laws without thinking about how it will affect us. Here is anothe dumb law to look up
    Virginia Graehm Baker act.


    Dumbgore Bass wrote on February 19, 2009 04:32 PM: I would be willing to bet that more children are killed in the valley and nationwide by drowning in swimming pools or by being left in the car during the summer months. By Trouts logic we should make cars or at least car windows illegal because they hold int he heat that kills children. We should also outlaw pools by his standard as it is the pools that kill children as well.

    And your pristine forest comments are also idiotic. "Pristine Forest" is usually and all too often designated as wilderness area and is off limits to motorized recreation. So law abiding off road recreatationists do not destroy "pristine Forest", as your ignorant comments claim.


    Chris wrote on February 19, 2009 03:15 PM: Another insane law in our "free" country.


    2zero wrote on February 19, 2009 02:48 PM: Lead in gas is good and cigarettes are safe...idiots!

    How hard is it for America to "figure out what being the BEST means"? Buy from China, fill up from your friend the terrorist....idiots


    Alan wrote on February 19, 2009 02:38 PM: Can i be the cook.


    meh wrote on February 19, 2009 01:01 PM: I can't WAIT for Civil War II!


    Kilgore Trout wrote on February 19, 2009 11:49 AM: Kids are being victimized...but not by the "nanny state." they're the victims of the irresponsible parents who put there kids on motorized vehicles.

    Safety issues notwithstanding, ATV's should be outlawed altogether. They create noise and air pollution and destroy otherwise pristine wilderness areas. If you want to ride those things, you should be restricted do doing so on private property, not public lands...and kids shouldn't be on them anywhere...it's just common sense...but then there seems to be an increasing number of parents who lack that quality.


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