Former_Member
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Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

I emailed my tulle purvyor today to ask if phthalates were in tulle and he said no. I asked him because I am thinking of having my items tested but do not want to an unneccessary testing. He then told me to hold my money and trsting because he got this document today. It is very interesteing and I think Feb 10 is over, I could be wrong. Read over the document and see what you think.

http://images.americasmart.com/images/2009/01/22Rahm_Emanuel/emanuel-regulatory-review.pdf
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

It loks like a stay of execution, possibly a pardon. Keep your fingers crossed.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

looks
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

got my fingers and toes crossed.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

I call it a stay of execution too.
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KGarnerDesigns
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

I hope!
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

Hum? I sure would like to hear more on this
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

Since the CPSIA was enacted by Congress, not by a Presidential edict or bureaucratic rules, I'm not sure that it would be affected. As they say, "It would take an act of Congress to stop it."

But I could be wrong, since I'm not an expert at deciphering legal mumbo jumbo.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

looks promising!

Thank you for posting this!
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

This was already discussed. CPSIA did not fall under the scope of this freeze. I will find the other thread that talks about this.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

This is a standard procedure for all new Presidents to take, but unfortunately for this issue, it doesn't change anything about the CPSIA except the exemptions the Commission has made. The exemptions are regulations. The CPSIA is a law. Congress wrote it, voted on it, passed it (with only four total no votes), and the former President signed it.

There isn't ANYTHING a later president can do about already signed and passed laws (otherwise, we'd have chaos and turn our entire system of checks and balances on its head). President Obama cannot change existing laws or cancel them.

What he can do is put on hold things Congress didn't have to vote on- like the Commission's exemption of unadulterated wool and cotton, or anything else they decide right now. Those things are now nullified.

But the CPSIA still goes into effect on Feb 10th. Obama CANNOT change that.

Only Congressman Waxman can do that- Henry Waxman and the Committee on Energy and Commerce MUST MEET and push back the Feb. 10th deadline. ONLY they can. And Only Henry Waxman can call that committee meeting. Obama cannot force him to do that.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

http://www.etsy.com/forums_thread.php?thread_id=6006684

Obama is freezing all pending regulations that were signed by GWB. GWB had nothing to do with the CPSIA law.

You have to sift through the thread for the relevant information, but it is in there.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

Furthermore, this law was passed a year ago. President Obama only put on hold recent regulations of the last 60 days.

So now thrift stores must test again.

Wools, silks, cottons- must be tested again.

Wood- no longer exempt.

And there's nothing this Commission can do- any other exemptions they issue will be automatically on hold.

Waxman, Waxman, Waxman...
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

It says though to withdrawl or final regulations that have not been published. The CPSIA has not been published yet. It also says that if it is published that a 60 hold peiod where commenting is opened again for 30 days. I think the fact that is hasn't been published is the key.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

Deputyheadmistress says:

So now thrift stores must test again.
Wools, silks, cottons- must be tested again.
Wood- no longer exempt.
And there's nothing this Commission can do- any other exemptions they issue will be automatically on hold.

_______________________________
Pardon me, but...damn!
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

I don't agrre with you deputy. This law has been published therefore it will go back and be reviewed. I am gonna email this to my congressman and see what he thinks about it. Maybe he can get some cloarification about this.
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

Deputyheadmistress... I was wondering if you came to Etsy to help us all decipher this mess? I noticed you just joined and aren't selling anything, and haven't bought. Are you of a legal background, here to help us decipher? Just wondering what brought you to us :)
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

The key is whether it had been published in the "Federal Register" as required by law. All new laws and regs must be published for a time period before they become "law". I don't know if this is before congress votes on it's passage or after. But, that is the key for whether or not Pres. Obama's edict has any affect on the CPSIA.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

Why doesn't someone just call the CPSC and ask? (anyone got their number - I'll call them tomorrow) We'd all LOVE for this to mean the CPSIA is on "hold" indefinitely, but I think it's best not to pin our hopes on it until we know for sure.
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

I am a little confused as to how Obama has any control over this law, one way or another, as it stands now. It wasn't a directive from President Bush that he can stop. It was an actual law that went through the proper channels (such as they were). How does he even have control over the exemptions for thrift stores not having to test? How does he have control over that?

I would love to think that he could just step in and wipe away the whole thing. I just don't think his ability to halt pending regulations has anything to do with his power; besides, this is not pending.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

Anything that has not come to it's date of enforcement is "pending". I don't know what laws and regs a new president can stay. But, he does have an awful lot of power to halt things for review before they become enforceable.
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

Well, I am hopeful again, then :-). Thanks, cicrafts!
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

I've been considering selling vintage stuff on Etsy, and I probably will soon. I hve a daughter who crafts beautifully and I've been trying to talk her into selling on Etsy.

But I came here because it was the only place I could find info on CPSIA- and I loathe that sort of government overkill that it represents (and I do sell used books from time to time over the internet, and couldn't believe it when I read that books were also covered).

Friller, I am so very sorry to be the bearer of bad news, but there is a serious difference between a LAW that has already been passed by Congress and signed by the President and a mere regulation. New Presidents CANNOT simply 'cancel' laws that Congress has voted on and the previous President signed. That is so illegal, so NOT ever done in the history of the country, that I cannot even express how mindbogglingly wrong that is. It would simply shred the Constitution into toilet paper.

Presidents can only veto laws that Congress submits to them or sign them. They ****cannot**** simply sign a piece of paper and declare canceled any previous laws that Congress already passed and other Presidents already signed.

This is basic civics. Wishful thinking is not a helpful substitute for reading the Constitution and understanding the three separate branches of Government and why the President can't undo previous laws.

This has already been discussed here, and as others have shared, Jennifer Taggert, who IS a lawyer who specializes in environmental issues and does testing at reasonable prices. She's The Smart Mama
http://www.thesmartmama.com/bg/
Here's what she says:
CPSIA FAQ #3 - Does Pres. Obama's "Rule" Feeze Delay the CPSIA?
Thursday, 22 January 2009


The most popular question in the last 24 hours or so has been whether Pres. Obama's "regulation" freeze affects the Consumer Product Safety Improvement Act (CPSIA). Specifically, everybody wants to know if the rule freeze means that the 2/10/09 lead content limit and phthalate ban is delayed.

CPSIA FAQ #3: Does Pres. Obama's Rule Freeze Delay the CPSIA?

No. The "rule" freeze is a freeze on regulations, not the law itself. The lead content limit and phthalate ban are in the text of the law itself - and remain unaffected by the regulatory freeze. In fact, the regulatory freeze in this context is actually detrimental since the exemptions for natural products and lead in electronics are in the regulatory pipeline. So, those are delayed by Pres. Obama's order.

So the answer is you still have to meet the lead content limits for children's products on February 10, 2009, and you still have to address the phthalate bans for toys and child care articles for items manuafctured after 2/10/09.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

Well, I disagree with the above assessment. But, let's wait and see what happens. Whatever the case may be, I don't think anybody will be coming after crafters assemble products from already regulated materials.
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Former_Member
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Re: Obama Freezing All Pending Reglations-Published/NonPublishes - PDF Document

MyManyMoodz says:
It loks like a stay of execution, possibly a pardon. Keep your fingers crossed.


ha
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