The Consumer Product Safety Commission (CPSC) has issued a stay of enforcement regarding third-body testing and certification of all-terrain vehicles (ATVs) for children ages 12 and younger. Effective February 1, 2011, the stay will remain, subject to conditions, until November 27.
Testing and certification to assess conformity with safety standards is required under the Consumer Product Safety Improvement Act of 2008, with CPSC responsible for implementing the law. The commission received more than 400 comments from industry representatives and consumers asking for the stay because of a lack of accredited third-party testing labs available by the previous January 25, 2011, deadline. Noting that “there are still no accredited third party testing bodies for youth ATVS at this time,” CPSC said that commission staff would do compliance testing. “If there is evidence of noncompliance with the requirements of the mandatory standard by the manufacturers that have action plans approved by the [c]ommission, we will take appropriate enforcement action,” CPSC said. See Federal Register, February 1, 2011.