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When does the mandatory standard go into effect?

The current voluntary standard will take effect as a mandatory standard on April 13, 2009. A notice was published in the Federal Register November 14, 2008 incorporating the ANSI/SVIA 1-2007 standard by reference, 73 Fed. Reg. 67385 (http://www.cpsc.gov/businfo/frnotices/fr09/atvfinal.pdf) . The law states that “after the standard takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the United States any new assembled or unassembled all-terrain vehicle” unless it complies with the ATV standard and is subject to, and complies with, an action plan filed with the Commission. Posted 11/19/2008.

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When is the deadline for manufacturers or distributors of ATVs to have an action plan on file with the Commission?

As of April 13, 2009 it will be unlawful for an ATV manufacturer or distributor to distribute or import an ATV in the United States unless the ATV is subject to an action plan on file with the Commission and the manufacturer/distributor complies with all provisions of the action plan (as well as all provisions of the ANSI/SVIA 1-2007 standard for ATVs). Action plans submitted after the CPSIA was enacted (i.e., after August 14, 2008) must be approved by the Commission. Therefore, action plans should be submitted as soon as possible to allow the Commission time to review them before April 13, 2009. Posted 11/19/2008.

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Are ATVs subject to the requirements for general conformity certification under section 102(a)(1)?

Yes. Section 102(a)(1) requires every manufacturer of a product that is subject to a consumer product safety standard to issue a certificate certifying that the product meets that standard (as well as others that are applicable). The CPSIA directs the Commission to publish the ANSI/SVIA-2007 standard for four wheel ATVs as a consumer product safety standard. Thus, once the standard takes effect (150 days after publication in the Federal Register) the products that are subject to the ATV standard must also be certified to it (and any other standards applicable to those products)

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Are youth ATVs subject to the third party testing requirements of section 102(a)(2)? And if so, when?

Section 102(a)(2) requires third party testing for children’s products that are subject to a children’s product safety rule. A children’s product is a consumer product designed or intended primarily for a child 12 years of age or younger (see section 232(a)). Thus, youth ATVs intended primarily for children 12 years of age or younger will need to comply with the third party testing requirements of section 102(a)(2). This will require third party testing for compliance to the new ATV standard. A manufacturer’s certification based on that testing requirement will be required 90 days after the Commission publishes accreditation requirements for testing laboratories that will test conformity to the ATV standard.

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These FAQs are unofficial descriptions and interpretations of various features of CPSIA and do not replace or supersede the statutory requirements of the new legislation. These FAQs were prepared by CPSC staff, have not been reviewed or approved by, and may not necessarily reflect the views of, the Commission. Some FAQs may be subject to change based on Commission action.