Two Montana lawmakers have proposed legislation to amend the Consumer Product Safety Improvement Act (CPSIA), a new law aimed at keeping products that contain high levels of lead away from children.

U.S. Senator Jon Tester (D-Mont.) introduced Monday the Common Sense in Consumer Safety Act, which makes two exceptions to the CPSIA.

The bill says vehicles made for seven- to 12-year-olds are not “children’s products” and therefore do not have to meet lead safety standards.

The proposed legislation, also known as the Dirt Bike Bill, also prevents second-hand sellers, such as thrift stores, flea markets, online auctions and yard sales, from being liable for products that contain dangerous levels of lead. For example, if a person were to sell a toy at a yard sale without knowing it contains lead paint, the toy manufacturer would be liable, not the seller.

“If something’s broken, we Montanans want it fixed,” said Tester, who is currently vice chairman of the Congressional Sportsmen’s Caucus. “And right now the Consumer Product Safety Act needs fixing. My bill will protect small businesses and allow families better, safer access to the outdoors.”

A bill proposed by U.S. Rep. Denny Rehberg (R-Mont.) was also introduced Monday and addressed the exemption of all-terrain vehicles and motorcycles from the CPSIA.

“We shouldn’t be asking Montana businesses to bite the bullet because of a bureaucratic screw up here in Washington, D.C.,” said Rehberg a member of the House Appropriations Committee. “You can appreciate Montana from a road, but to really experience it, you’ve got to go off-road. That’s something that all Montanans, regardless of age, should have the opportunity to do.”

On March 13, Rehberg also sent a letter to the Acting Chairman of the Consumer Product Safety Commission requesting a regulatory fix to this clear misinterpretation of Congressional intent. In his letter, he expressed frustration that the regulatory process had become uncertain and has resulted in economic hardship for small businesses.

Passed last August, the CPSIA was prompted by numerous high-profile recalls of children’s toys and other items. In its language, the CPSIA identified certain parts of a mini bike as having lead in excess of 600 parts per million, which the new law prohibits. The law’s lead restriction effectively bans all 85cc, 70cc, 65cc and 50cc displacement mini bikes.

Manufacturers, dealers, parents and industry advocates have criticized the CPSIA for over-reaching. Meanwhile, powersports companies have stopped selling affected youth products with lead content in excess of the limits identified in the law that became effective on February 10.