When a law is passed - how it works in a nutshell

[#1]

The authors of the law have already conceded they intended for it to be applied to imports mainly, not small home businesses in this country.

Plus just because something is law, doesn't mean anyone is APPLYING the law. It has to then go to its regulatory agency, which in this case might be the FDA. But that also hasn't been decided yet. Then the FDA(whoever) decides how and to whom this will apply. So the law has no body of jurisdiction until it is assigned to a regulatory body.

This agency publishes rules in the Federal Register and then those can be challenged under the Adminstrative procedures Act. Under the APA, the rules are often challenged for being "overburdensome". This probably won't even get challenged because legislators will fix it.

It takes time. And the legislators are already discussing the need to rewrite or amend what they've written because of crafters' concerns.

I wish everyone would just continue to give legislators input regarding the ill-fitting language of this law and let them fix it without creating all this fear.

It's very unhealthy and really creates an unnecessary Us and Them mentality.

A good junior high school civics class will help all the fear-mongerers here understand how law is made and applied. And then a nice lunch with a lawyer friend who can read the law to you and interpret it for you and tell you how fast a judge would throw out a case against a small time crafter will ease your mind.

Please stop worrying. It's heart-breaking.

[Former_Member]

Here's a link to information about how to write an effective and properly formatted letter to your representatives.

http://usgovinfo.about.com/library/weekly/aa020199.htm

I believe that the "Elements of Style" also covers this for those that have that book available.

[Former_Member]

rabbithorns,

Keep up the good work. I am bored with yet addicted to reading hypey threads.

We were dropped by 5 stores in January due to this craze. They were doing really well with our line . We are not giving up, nor going away. Things are becoming tougher for us to do business with all of this hype. It will be worked out, but I think all the craziness is scaring shoppers and store owners out of doing business with little businesses.

[Former_Member]

Thanks for that information. Probablay alot of people would write if they knew informaiton was availabe of how to properly write to the cnogress.

[Former_Member]

Another issue to mention in your letters is that home based businesses often have only one or two "employees"

Many people consider a small business to have 500 or fewer employees.

Perhaps if more representatives and the CPSIA people understood the distinction between home based businesses and what the government generally considers a "small" business they will more clearly see how end user testing isn't feasible.

[rabbitwhiskers]

Thank-you rabbithorns!! That is wonderful to know! I think you just made my mind up for me and that makes wonderful sense~ and I LOVE the non-hysterical, calm, tone that it has- like beautiful music!!

[Former_Member]

Look, I'm a newbie on ETSY (although my daughter, pinklizzy, isn't) but this kind of thing is ... right up my alley, I guess. I think that what rabbitthorns is saying about this situation, has real merit. This law is so new it hasn't even come into force yet. With months to go, small business people in the U.S have plenty of time to press their concerns upon their representatives, legislators etc. Time to get answers. Time to test the limits of the law. Time to make both govt. and public aware of the ramifications of the legislation as it stands.

I really hate to be coming to ETSY at a time when some people are feeling they must close their stores ...it's the saddest thing to see. What can I say? I just wish all of you who are feeling caught up in this, the very, very best. I hope you stay with ETSY one way or another.

[Former_Member]

I appreciate your kind words. I do get riled up at some of the posts here and I don't mean to be angry at people.

After all, everyone is just scared and worried. Everyone just wants to be happy.

But it's disheartening to hear malicious us and them talk when we want "them" to do something for "us". It's exactly the wrong thing to do.

I don't practice but can in most states because of the way the law is written, actually. lol It's kind of funny that lawyers think they have to have state recognition to practice. It's not necessarily true. There's always a loophole. I'm just a genius at finding them.

I'll be getting off these discussions. I'll be posting that with the hope that folks also understand the correction of this law may take time and several revisions of the CPSC rule. And with the hope that makers of children's products will also understand that it has always been their responsibility to make safe products even if they use imported raw goods - the next frontier in my opinion. There's no law regulating those.

I hope we can all continue to work together and share information that will help our legislators and governing agencies formulate rules and guidelines that support our businesses while protecting the safety of people everywhere.

Peace.


......
Thanks. A breath of fresh air. Too much "fear" about this can create all sorts of unintended consequences.
Peace to you too.

[rabbitwhiskers]

I wish you could post this same post in every forum section so that most people would be sure to see it. It's wonderfully refreshing and so reassuring to know, and again thank-you for taking the time to explain!

[Former_Member]

OK, I've thought about this and I've decided I'm angry about the law, about its implications, and about people at the top passing the buck and not giving us, as my Congressman's aide has put it, "clarity on this issue."

I'm angry that other who've contacted their Congresspeople have gotten either form letters or answers that basically say, "Yes, this WILL apply to you, tough beans."

I'm angry that none of the powers-that-be who concocted this mess will step up and just SAY what they intended, IN WRITING, to the PUBLIC and to those who will be affected by this. I'm angry that they WILL NOT back down, even consider moving a date of effectiveness so those who depend on selling thru small shops FOR THEIR LIVELIHOODS can get back to POSSIBLY making some money.

I'm ANGRY about it.

But I also am afraid that any government that would make a law like this, enforceable or not, and go out of their way to DO NOTHING in the face of THOUSANDS of questions, to tell the people asking that it WILL apply to them but to NOT tell anyone what WILL DEFINITIVELY be OK - I fear a government that would plant this fear in people and do nothing to appease it when they MUST know it's already doing damage.

THAT is the source of any fear that I have over this law. For now.

That said, I am also HOPEFUL. I have FINALLY had some dialogue with my Congressman's office, albeit through an aide, and I am hopeful that my voice will be heard, and that my voice added to the thousands of others asking for answers will make the cry loud enough for them to HAVE to answer them, and SOONER rather than LATER. I feel STRONG because I am not sitting and waiting for anyone else to do the work, not waiting for Congress to realize that they have created a monster, using a sledgehammer where a scalpel would have sufficed (I borrowed that from some link or other, wish I could remember where). I'm not making any assumptions that I WILL be OK because maybe I will, maybe not. (By "I" I mean my little hobbyist biz, such as it is, not my personal self.)

This is where my homeschooled kids will get a civics lesson, one way or the other. They'll either learn just how powerful the voice of the people can be, or they'll learn things about those in power that will probably NOT help them to respect that power but to, well, fear it. :-(

[Former_Member]

Another way to approach this is by pointing out how silly it is for every end user to do the same test.

If ONE manufacturer makes, for example, a particular ribbon and 50,000 end users (hobbyists and micro businesses) buy the ribbon from Michael's and then use that ribbon why should there need to be 50,000 individual tests instead of ONE test from the manufacturer.

See what I mean?

If you explain it that way it may make it more clear to your representatives and the CPSIA people that this is actually rather silly.

Since that is sooooo silly I keep coming back to the fact that they MUST have meant for manufacturers and importers to do the testings, not end users. They just wrote the law poorly.

[Former_Member]

That's the part that frustrates me the most, too. The paints I use are non-toxic. Now I, and everyone else who uses them, must have additional proof...eventhough there is already proof. Ugh!

I'm all for children's safety and sensible testing. But, redundant testing of the same product is a waste of time and money.

[Former_Member]

These are the points you need to make when you speak with or write people.

Don't focus on the emotions, focus on the logic.

This law is illogical.

[Former_Member]

The law IS illogical, it's overreaching, it's badly-written, did I mention overreaching, and those who passed it are still saying "Huh?" when asked about it, but it's still the law.

Believe me, those points are being made. When my Congressman's aide called I happened to be online and I called up the letters and documents he referenced so fast it made MY head spin. Others' accounts have been similar in that regard: they've made those very points, and more. (About how sales translates to tax dollars, for example, and fewer or NO sales translates accordingly.)

But when I hung up the phone, I still wasn't sure he'd been able to REALLY hear me before a call from the actual Congressman he'd been waiting for took him away. Just because I can make the points when called upon to do so doesn't mean I don't wonder how the heck the money I sank into this business will ever make it back to us so we can get out of debt. This was a risk, and ATM I'm on hold, because many MANY potential outlets for my merchandise are on hold, because THEY aren't getting answers. This means my budget is on hold, my FAMILY'S budget is on hold, by plans to go from "hobby" to "business" are on hold, our hope to pay someone to fix our broken dishwasher is on hold, plans to replace the fridge that is on its last compressor are on hold - a LOT of things are on hold right now, PLUS the specter of my having to find SOME part-time work and putting the kids back in the same school that totally failed my older kid.

Damn right I'm "not happy." Damn right I'm ANGRY. Damn right I'm scared. Scared about the food in the fridge, the clothes I can't sell, the new stuff I can't buy, the kids and their education - their LIVES right now.

Yes, I can be logical to my lawmakers. But when the lights go out at night and I can't sleep, "logic" isn't what helps me relax.

[Former_Member]

a violation of the cpsia as of aug 2009=failure to present certification=100,000.00

are we really over-reacting?

[Former_Member]

I'm not saying don't have your valid emotions. All of the fall out is very real.

I am saying you need to really focus on the main legal and logical issues when you speak to/write to people.

The assistants on the front line are juggling 10 things at once, they are over worked, they are communicating your concerns to the Senators and Congressmen and to get your point across accurately and you really need to communicate in a very targeted manner to get their attention.

[Former_Member]

Thanks rabbithorns. This is good to hear. I am choosing to believe all this will be manageable when it's finally figured out... though it is easy to get sucked into the hysteria. My current plan is to do what is necessary to be 100% sure that my products are lead free (which is a good thing regardless of this particular legislation) and go on about my business until there are some definitive answers. Of course, I might be ready for retirement by then :)

[Former_Member]

I think it's important to remember that the forums are a place where we come when we need to vent, rant, show emotions, and that's okay.

I just get sad when people express their emotions and frustrations here, and the response is "you're overreacting" or "stop freaking out". For many of us, this is the only place where we can show that we are upset. I think we are making our rational arguments to the media, our representatives, etc really well, but sometimes we have to vent, too.

[meredithdillman]

Thanks for the point about many people testing the same thing over and over badattitude.

At this point I am too tired to write any more letter and probably need a day off.

I wonder how all the suppliers are doing lately. All these businesses sitting on hold certainly aren't buying more supplies.

[Former_Member]

I appreciate that folks feel the forums are a good place to 'vent' but I am also aware that these are public forums. It would be better to gather all that 'venting' energy and put it to good use.
This is a poorly written law. It needs to be fixed. Thats the bottom line.

[Former_Member]

uM was it not public outcry over the discovery of lead in(imported) children's toys and the "hysteria" in the media that led to this passing of a law which you say and I can't argue is redundant in the first place.

[Former_Member]

Rabbitthorns

So now they have made a new law to make the old law enforcable??????LOL Which you think is probably not enforcable for those working in the cottage industries. I go on these binges where I cram to catch up on what is going on in the rest of the country and the world. Y, because the past year went like this for me.....my mother passed away after a long battle with cancer, I got married and bought a vintage house, my second oldest went to Iraq, the third is going to Afganistan any day now, the oldest is a vet. The youngest is a poolie. Technically I am and very much have been a housewife (fluttering right back atcha!) makes me kind of giggle alittle to hear about professionalism. But I have my own reasons for that which are private. OBTW I refuse to flag comments,not my cup of tea. Anyhoo , I am truly sorry that you felt the need to leave the CPSIA forums because I don't have an attorney in my family. I always thought that my son in Iraq would make a good one, but he is interested in film instead.

[Former_Member]

Horns not thorns excuse me. EEEEK I'm sorry.

[Former_Member]

Oh, looky, Rabbihorns, you caught the interst of USPIRG:
http://www.zianet.com/ehusman/weblog/2009/01/uspirghanlons-razor-meets-its-match.html

[Former_Member]

Sorry, not USPIRG...The Grim Reader.....

This is what happens when I think at a different pace from my typing.
But still, it's out there.

[Former_Member]

Thanks