Today, Idaho Congressman Mike Simpson sent a letter to House Energy and Commerce Committee Chairman Henry Waxman requesting an oversight hearing to explore the affects of certain mandates of the Consumer Product Safety Improvement Act (CPISA) of 2008. Simpson is specifically concerned that the implementation of the bill has now banned the sales of children’s off-highway vehicles (OHVs).

OHVs, including all-terrain vehicles (ATVs) and off-highway motorcycles, are very popular recreational and transportation tools in Idaho. The State of Idaho has the second highest OHV participation rate in the country with over 100,000 OHVs currently registered and 10,000 more registering every year. In addition to adult usage, responsible parents across the State encourage and allow their children, including many under the age of 12, to safely use OHVs in competitive racing and in many other forms of recreation.

In the letter, Congressman Simpson addressed the issue of retailers that are currently unable to sell children’s OHVs and have removed hundreds of thousands of dollars worth of merchandise from their showroom floors to comply with new lead standards. "They are not being reimbursed for this loss. I supported the CPSIA when it passed in the House of Representatives, but this law has begun to overreach its stated intent and focus, which was to prevent children from ingesting lead contained in toys, jewelry and similar harmful items. In this light, an exemption for children’s OHVs would be prudent."

The letter also stressed the importance of consumer awareness. Consumers must be attentive to the fact that small amounts of lead are contained in tire valve stems, brake components and battery terminals in OHVs. Parents must be aware that lead exposure is dangerous for children in any amount, and young OHV users must be made aware of the dangers of lead exposure just as they are made aware of the dangers of using an OHV in the first place.

"I will continue to strongly support robust consumer protections on any product that comes into contact with children," said Simpson. "However, in this case regarding OHVs, the law overreaches. With many new laws, problems are uncovered in the implementation that were not anticipated or intended during their formation. A balance must be struck to ensure that children are protected without unfairly burdening retailers."