This is certainly a confusing issue to us all. Even those involved at the core of this controversy find the details a little muddled. There are a lot of rumors floating around about the CPSIA and we felt the need to get to the bottom of them to set the record straight. There's a lot going on at the Federal, State and local levels regarding the "lead law" and the kids bike ban; read on to find out what's true and what's not and hopefully make a little more sense of this entire issue and how it's being dealt with.

Myth: State Legislatures have overturned the CPSIA lifted the bike ban in a some states.
Status: False!
This is the biggest rumor we wanted to squash. Several states have already issued, or are currently working on what is called a House Resolution. Oklahoma, for example, published a resolution, and many misunderstood this to be some type of legislation that overturned the CPSIA in that state. Unfortunately, the CPSIA is a Federal law and can only be ammended by the Federal government. The resolution is nothing more than a "strong urging" by the state to the CPSC to issue an exclusion. It's an excellent show of support for our cause, but has not changed the law.

Myth: A group of Senators fed up with this nonsense have called for a change of leadership at the CPSC.
Status: True
A letter from U.S. Senator Amy Klobuchar from Minnesota read, "Please note that along with a number of other Senators, I have called for a change of leadership at the CPSC so that this law can be implemented in common sense and practical ways that are consistent with the intent of Congress."
Paul Vitrano of the MIC and SVIA also confirmed this. "There was a letter to Nancy Nord [Chairperson of the CPSC] that was sent from Congressman Waxman, Senators Rockerfeller and Prior - basically the leadership of the Committees and sub-committees [that we've been appealing to] saying that they basically botched the implementation of this law and called for her to step down."
This was big news to us, but before you get excited, know that it sounds like Nancy Nord has people after her head on a regular basis. In fact, last year, there was a group of legislators trying to get her fired on the basis that she and the CPSC were not implementing the CPSIA fast enough. Meanwhile, Nord is under-funded, under-staffed and under fire from every angle. (and you thought you had a lousy job...)

Myth: Malcolm Smith could get arrested for selling youth OHVs
Status: Technically true... but very unlikely.
Yes, Malcolm Smith broke the law and made sure everyone knew it. But this far-reaching and wide-sweeping law hasn't quite been sorted out yet, and it is far from being properly enforced. There are plenty of companies out there who have yet to even realize that their products fall under this law.
As for Malcolm, it's far more likely that he'll get slapped with a hefty fine. His lawyers informed him that he could face fines up to $100,000 per offense. Malcolm sold three youth OHVs on March 19th at the protest. Though it's also unlikely, he could be fined $300,000 for what he did, which he admits he'd need to take out a loan to pay.

Myth: You can't even buy parts, accessories or apparel for kids motocross at the moment.
Status: True
Malcolm Smith explains, "They haven’t been tested for lead. Anything that’s made for anybody under 13 has to be tested for lead. Like the paint on the helmet." Some companies have kept up, such as Bell Helmets and Smooth industries. Both have issued releases stating that they have completed testing and have been found in compliance with the new CPSIA "Lead Law." Others still have to go through the costly, time-consuming task of having all their parts and materials tested for lead before they can resume selling children's products.

Watch for more updates coming soon on CycleNews.com on the kids bike ban.