Comments on: CPSIA chronicles, February 21 https://www.overlawyered.com/2009/02/cpsia-chronicles-february-21/ Chronicling the high cost of our legal system Sun, 27 Nov 2016 21:12:37 +0000 hourly 1 By: Lora https://www.overlawyered.com/2009/02/cpsia-chronicles-february-21/comment-page-1/#comment-40871 Sun, 22 Feb 2009 16:04:55 +0000 http://overlawyered.com/?p=9277#comment-40871 I agree with you, William.
But people are funny creatures. They swallow a camel and strain at a gnat.

Simplicity and truth are always resisted while sensationalism will be widely and eagerly excepted. That’s just the way it is.

]]> By: William Nuesslein https://www.overlawyered.com/2009/02/cpsia-chronicles-february-21/comment-page-1/#comment-40866 Sun, 22 Feb 2009 14:26:03 +0000 http://overlawyered.com/?p=9277#comment-40866 I am a fan of Roscoe Bartlett who is both a scientist and a legislator, but I am deeply disappointed by his letter. Lead has been with people for all recorded history and then some. It is natural. Only a nincompoop would fear the lead in ball point pens.

As a matter of policy, some small businesses going under would be fine if there was any evidence that their products actually harmed anybody. It is the lack of harm from incidental lead or phthalates that is the problem.

Certainly Mr. Bartlett knows about the anxieties created from the breast-implant scare, and he must know of the irrational fear of power line and nuclear power. His letter adds credence to the lead lunacy. Shame on him!

]]> By: Lora https://www.overlawyered.com/2009/02/cpsia-chronicles-february-21/comment-page-1/#comment-40818 Sat, 21 Feb 2009 18:57:15 +0000 http://overlawyered.com/?p=9277#comment-40818 There has been a bill proposed (H.R.968) that I’ve yet to hear many talk about??? As it stands it has 4 cosponsors. At the very least we ought to be urging members of Congress to support this.

HELP U.S. MANUFACTURERS AND SMALL BUSINESSES

From: The Honorable John B. Shadegg
Sent By: randi.meyers <> mail.house.gov
Date: 2/11/2009

Dear Colleague:

As you know, certain provisions in the Consumer Product Safety Improvement Act of 2008 (CPSIA) are set to take effect on February 10, 2009. While CPSIA is well-intended to improve product safety, it is dangerously flawed.

As supporters of the CPSIA’s intended purpose, which is to assure that no lead is used or added in the manufacture of any children’s products, we understand its importance. However, it appears that there is still great confusion as to what the requirements of this new law are and that the February 10, 2009 compliance deadline is unrealistic.

It is for this reason that we have introduced a bill that will address the complications that implementing the CPSIA will cause. This bill will delay the regulation for six months. Due to the confusion and uncertainty in the small business community, it is crucial that the regulations be delayed so that the small businesses that are the heart of this nation are not forced to close their doors.

Secondly, the bill will allow small manufacturers to use the testing and certification that their component suppliers have done to certify that the components do not contain an impressible amount of lead. This will be both a money and time saver. If lead is not a component when tested, it will not appear when a product is put together.

This bill will exempt thrift stores, yard sales, consignment shops, and other re-sellers from the prohibitions in the Act. When the CPSIA was drafted, it was not the intent of the bill to include Goodwill, the Salvation Army, or flea markets. This is because these sellers are not the source of the product safety concerns that were discussed last year.

Our bill will provide a good-faith exemption that will benefit small manufacturers and help keep them in business. If a manufacturer can show that an error in compliance was made in good-faith, our bill will provide them with a one-time exemption from sanction. This rule is designed so that manufacturers will not take advantage of the exemption, while giving them a chance to adjust to the new regulations.

Finally, our bill will require the Consumer Product Safety Commission (CPSC) to provide small businesses with a compliance guide. The new regulations are extremely technical and impact a number of small businesses who do not have multi-staff compliance departments to interpret and apply regulations. Our bill would require the CPSC, in consultation with the state and federal Small Business Administration, to develop a compliance guide that addresses the concerns of the small business community.

Please join us in supporting our small businesses by co-sponsoring this crucial legislation. If you would like to cosponsor this legislation or if you need any additional information, please contact Randi Meyers in Rep. Shadegg’s office (5-3361) or Sallie Taylor in Rep. Bartlett’s office (5-2721).

Sincerely,
Roscoe Bartlett
Member of Congress

John Shadegg
Member of Congress

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