II 

112TH CONGRESS 

1ST SESSION S. 1448 

To exempt off-highway vehicles from the ban on lead in children’s products, 

and for other purposes. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consumer Product 

5 Safety Flexibility Act of 2011’’. 

6 SEC. 2. PROSPECTIVE APPLICATION OF LOWEST LEAD 

7 LIMIT FOR CHILDREN’S PRODUCTS. 

8 Section 101(a) of the Consumer Product Safety Im9 provement Act of 2008 (15 U.S.C. 1278a(a)) is amended 

10 by adding at the end of the following: 


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1 ‘‘(3) APPLICATION.—Each limit set forth in 

2 paragraph (2) (except for the limit set forth in sub3 paragraphs (A) and (B) of such paragraph) shall 

4 apply only to a children’s product (as defined in sec5 tion 3(a) of the Consumer Product Safety Act (15 

6 U.S.C. 2052(a))) that is manufactured after the ef7 fective date of such respective limit.’’. 

8 SEC. 3. YOUTH OFF-HIGHWAY VEHICLES AND BICYCLES. 

9 (a) EXCEPTION.—Section 101(b) of the Consumer 

10 Product Safety Improvement Act of 2008 (15 U.S.C. 

11 1278a(b)) is amended— 

12 (1) by redesignating paragraph (5) as para13 graph (7); and 

14 (2) by inserting after paragraph (4) the fol15 lowing: 

16 ‘‘(5) EXCEPTION FOR OFF-HIGHWAY VEHI17 CLES.— 

18 ‘‘(A) IN GENERAL.—Subsection (a) shall 

19 not apply to an off-highway vehicle. 

20 ‘‘(B) OFF-HIGHWAY VEHICLE DEFINED.— 

21 For purposes of this section, the term ‘off-high22 way vehicle’— 

23 ‘‘(i) means any motorized vehicle— 


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1 ‘‘(I) that is manufactured pri2 marily for use off public streets, 

3 roads, and highways; 

4 ‘‘(II) designed to travel on 2, 3, 

5 or 4 wheels; and 

6 ‘‘(III) have either— 

7 ‘‘(aa) a seat designed to be 

8 straddled by the operator and 

9 handlebars for steering control; 

10 or 

11 ‘‘(bb) a nonstraddle seat, 

12 steering wheel, seat belts, and 

13 roll-over protective structure; and 

14 ‘‘(ii) includes a snowmobile. 

15 ‘‘(6) BICYCLES AND RELATED PRODUCTS.—In 

16 lieu of the lead limits established in subsection 

17 (a)(2), the limits set forth for each respective mate18 rial in the notice of the Commission entitled ‘Notice 

19 of Stay of Enforcement Pertaining to Bicycles and 

20 Related Products’, published June 30, 2009 (74 

21 Fed. Reg. 31254), shall apply to any metal compo22 nent part of the products to which the stay of en23 forcement described in such notice applies, except 

24 that the limits set forth in such notice shall not be 

25 more than 300 parts per million total lead content 


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1 by weight for any metal component part of the prod2 ucts to which such stay pertains.’’. 

3 (b) DEADLINE FOR RULE BY CONSUMER PRODUCT

4 SAFETY COMMISSION ON STANDARDS FOR ALL TERRAIN

5 VEHICLES.—Section 42(d)(1) of the Consumer Product 

6 Safety Act (15 U.S.C. 2089(d)(1)) is amended by striking 

7 ‘‘The Commission’’ and inserting ‘‘Not later than 1 year 

8 after the date of the enactment of the Consumer Product 

9 Safety Flexibility Act of 2011, the Commission’’. 

Æ 


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