[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Page S181]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TESTER:
  S. 69. A bill to amend the Consumer Product Safety Improvement Act of 
2008 to exclude secondary sales, repair services, and certain vehicles 
from the ban on lead in children's products, and for other purposes; to 
the Committee on Commerce, Science, and Transportation.
  Mr. TESTER. Mr. President, I rise today to introduce the Common Sense 
in Consumer Product Safety Act of 2011 on behalf of the folks across 
America who are outdoor enthusiasts and budding sportsman and women. 
This bill will bring a common sense approach to restrictions we place 
upon access to children's products.
  In 2008, in response to the high lead paint content found in a number 
of toys and products intended for children, the Congress passed 
legislation to limit children's access to these dangerous products. 
Many of these products were imports from China and other places where 
consumer protection is weak or non-existent. I supported this 
legislation, as did 78 of my colleagues.
  Any product sold that is intended to be used by children up to the 
age of 12 must be tested and certified to not contain more than the 
allowable level of lead. However, it became clear that the Consumer 
Product Safety Improvement Act has had some unintended consequences.
  While the goal is admirable, it is important to inject a little 
common sense into the process. I want our kids and grandkids to be safe 
and protected from harmful toys, but we all know that most kids who are 
past the teething stage do not chew on their toys. It is important to 
strike a balance--to enact responsible safety requirements while at the 
same time recognizing that overzealous restrictions can interfere with 
a way of life enjoyed by not just Montanans, but outdoor enthusiasts 
across America.
  As Chairman of the Congressional Sportsmen's Caucus, I am proud to 
stand up for Montana's outdoor heritage at every chance. The consumer 
protection law goes too far and limits younger Montanans' opportunities 
to participate in those traditions.
  My bill will protect small businesses and allow families safer access 
to the outdoors.
  The consumer protection law covers all products intended for the use 
of children through the age of 12. This includes ATVs, dirt bikes and 
other vehicles built specifically for the use of older kids and adults. 
However, because of the way the vehicles are built, parts that may 
include lead are not exclusively internal components and therefore 
don't pass the inaccessibility standard required by law. As a result of 
this requirement, a number of ATV sales and retail establishments have 
halted the sale of all ATVs for kids. In an abundance of caution, they 
have also refused to repair any equipment intended for kids use.
  I have heard from many Montanans--consumers and retail sales people 
alike--expressing their concern about the impact of the legislation 
upon outdoor motor sports. A few years ago I worked with the Consumer 
Product Safety Commission to successfully provide a two year waiver for 
child-sized motorized vehicles. However, that stay of enforcement 
expires this May. Therefore today, I am reintroducing this bill to 
provide a permanent exception for vehicles intended to be used by 
children between the ages of 6 and 12.
  In addition to manufacturers and merchants, thrift stores, and other 
retail establishments are also implicated because of the wide-reaching 
scope of the legislation. It is possible that even holding a yard sale 
can lead folks astray from the new law. Therefore, my bill also removes 
liability for lead paint content in any product that is repaired or is 
resold by thrift stores, flea markets or at yard sales. The liability 
in place at the time of primary sale of these products is sufficient 
and it could cripple the profitability of the secondary merchants if 
they were to be liable for testing the products they resell or repair.
  In this tough economy, second-hand resellers simply can't afford the 
third-party testing requirement put in place by the bill. At the same 
time, more and more of Montana's families are finding their budgets 
tighten and are relying upon thrift and resale stores for toys, 
children's clothing and other household goods. I want to make sure that 
laws intended to keep our kids safe end up doing more harm than good.
  This a very important bill, bringing a dose of common sense to the 
very important goal of protecting our kids from lead paint and other 
substances that will harm their health. I urge my colleagues to join me 
in this effort.
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