Here is what I got back
Thank you for contacting me concerning compliance with provisions contained in H.R. 4040, the Consumer Product Safety Improvement Act (CPSIA) of 2008, which became law on August 14, 2008. I appreciate hearing from you regarding this important matter.
I worked with my colleagues in Congress to develop this legislation, and an important component of the bill is the enactment of stricter regulations to better protect children from the harmful health effects of lead. My colleagues and I specifically allowed the Consumer Product Safety Commission to exempt products that contained lead but would not result in lead absorption into a child's body under normal use.
Like you, I have concerns with the implementation of this law. The intent of the law is to protect children's health and safety and not to put undue burdens on manufacturers and retailers. I have contacted the CPSC to discuss a children's All Terrain Vehicle (ATV) exemption. However, the CPSC has determined that regular use of current children's ATV's would result in high levels of lead exposure with high probability of absorption.
According to a CPSC commissioner, studies have shown that lead reduction is an important issue for the health of American children. Removing lead from products such as gasoline and paint has been correlated with higher student test scores and reduced crime rates among juveniles. Despite these efforts there continues to be lead in children's products.
I know that children's ATV manufacturers are concerned about child safety and health and will work with retailers and the public to address the situation of making ATVs safer for our children. You can review the final rules on this site:
http://www.cpsc.gov/about/cpsia/smbus/sbguide.pdf.
Thank you again for sharing your views on this issue. If you have further questions or concerns, please contact me at 503-326-2901 or 800-422-4003.
With warm regards,
David Wu
Member of Congress