CPSC to Enforce Helmet Standard
Summary: A 1995 letter in response to our inquiry on how the new CPSC
interim rule covering bicycle helmets would be administered.
U.S. CONSUMER PRODUCT SAFETY COMMISSION
WASHINGTON, D.C. 20207-0001
OFFICE OF COMPLIANCE
Division of Regulatory Management
Frank Krivda, Compliance Officer
Tel: 301-504-0400 EXT 1372
05 May 1995
Randy Swart, Director
Bicycle Helmet Safety Institute
4611 Seventh Street South
Arlington, VA 22204-1419
Dear Mr. Swart:
This is in response to your letter of March 29, 1995 concerning
enforcement questions for the Interim Rule: Safety
Standards for Bicycle Helmets.
The Safety Standards For Bicycle Helmets, 16 CFR 1203, is
considered a consumer product safety standard issued under the
Consumer Product Safety Act (CPSA). Bicycle helmets manufactured,
either domestically or by a foreign firm for export
into the United States, on or after the March 16, 1995 effective
date, must comply with at least one of the interim standards. It
is a prohibited act under Section 19 of the CPSA to offer for
sale, distribute in commerce, or import into the United States a
bicycle helmet that does not meet one of the interim standards
under 16 CFR 1203. The penalties for violation of Section 19 are
found under Sections 20, 21, and 22 of the CPSA. Copy of the
CPSA is enclosed.
The interim rule covers bicycle helmets manufactured on or
after the effective date for "... distribution in commerce ..." as
defined under Section 3(a)(11) of the CPSA. It would not cover
helmets manufactured for prototype or experimental purposes that
are not intended to be held for sale. Exporters of bicycle
helmets that do not meet the requirements under 16 CFR 1203 must
notify the Commission at least 30 days in advance of any
exportation in accordance with 16 CFR 1019, Procedures for Export
of Noncomplying Products, copy enclosed.
The Commission staff has provided an information letter and
a copy of the interim standard to 185 known bicycle helmet
manufacturers, suppliers, or interested parties advising them of
the effective date of the standard and its requirements. A copy
of the cover letter is enclosed.
The staff of CPSC is currently investigating all reports of
alleged noncompliance of the interim bicycle standard for bicycle
helmets manufactured on or after March 16, 1995. Helmets
suspected of not complying will be tested by the Commission
laboratory. All firms will be notified of noncompliance with the
standard and appropriate corrective action will be requested.
Thank you for your interest in this area. If you have any
questions, please feel free to give me a call or write to me at
the above address.
Francis J. Krivda