A new federal law banning small amounts of lead in children's toys has left Willie Bradshaw, owner of Fun Cycles in Valdese, with $100,000 worth of merchandise.
The Consumer Protection Safety Improvement Act went into effect Feb. 10 and affects books, bicycles, jewelry and clothing as well.
Products intended for youth make up about 20 percent of his sales, Bradshaw said. And while the items remain in his store, he must continue paying interest on them.
"I have no problem with protecting children," Bradshaw said, but expressed dismay at the widely encompassing law.
"It's making it very difficult for everybody," Bradshaw said.
Along with various national organizations, the Motorcycle Industry Council has sent the U.S. Consumer Product Safety Commission a request for exclusion from the lead limits under CPSIA.
According to MIC the market could lose nearly $1 billion annually because the new law not only affects off-highway motorcycles and all-terrain vehicles, but also parts, service, accessories and personnel.
Paul Vitrano, a lawyer for MIC, said, "Kids don't eat or lick ATV or motorcycle parts."
Bradshaw seconded that claim and said that children who are old enough to enjoy the equipment are past the phase of putting items into their mouth.
Vitrano said most of the parts containing lead are in the engine and pose little threat to children.
According to MIC, small amounts of lead are necessary for safety or functionality. In some cases, the lead just cannot be removed from recycled materials.
Bradshaw said neither the government nor manufacturers have a plan to buy back or take the unsold merchandise, for which he will have to continue paying interest.
Trading in motorcycles is out of the question too, Bradshaw said, because it will leave him with even more units that he cannot sell.
Commission spokesman Joe Martyak said the law is written so narrowly that the agency would unlikely grant a waiver. Exemptions can be granted only to products that do not result in any absorption of lead.
"It has picked up an enormous amount of things in the safety net," Martyak said.
For instance, libraries cannot lend children's books from before 1980 that contain lead in the ink and thrift shops are banned from selling children's clothes that have lead in zipper clasps.
The Associated Press contributed to this article.
For more information on the Consumer Protection Safety Improvement Act visit www.cpsc.gov or to offer your input visit www.tomself.com.
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