II 112th CONGRESS 1st Session S. 1448 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 A BILL To exempt off-highway vehicles from the ban on lead in children's products, and for other purposes.

1.

Short title

This Act may be cited as the Consumer Product Safety Flexibility Act of 2011.

2.

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: (3)

Application

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. .

3.

Youth off-highway vehicles and bicycles

(a)

Exception

Section 101(b) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(b)) is amended— (1)by redesignating paragraph (5) as paragraph (7); and (2)by inserting after paragraph (4) the following: (5)

Exception for off-highway vehicles

(A)

In general

Subsection (a) shall not apply to an off-highway vehicle. (B)

Off-highway vehicle defined

For purposes of this section, the term off-highway vehicle— (i)means any motorized vehicle— (I)that is manufactured primarily for use off public streets, roads, and highways; (II)designed to travel on 2, 3, or 4 wheels; and (III)have either— (aa)a seat designed to be straddled by the operator and handlebars for steering control; or (bb)a nonstraddle seat, steering wheel, seat belts, and roll-over protective structure; and (ii)includes a snowmobile. (6)

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 pertains. . (b)

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 inserting Not later than 1 year after the date of the enactment of the Consumer Product Safety Flexibility Act of 2011, the Commission.