2/12/2009 4:14 PM
2/12/2009 4:15 PM
Legislation usually takes more time to pass than executive regulatory commission action, but it's an avenue that needs to be taken as well.
To read SB-374: http://thomas.loc.gov/...cgi-bin/query/z?c111
SteveSPosts: 2759 Joined: 8/16/2006 Location:
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2/12/2009 4:14 PM Edited Date/Time:
2/12/2009 4:15 PM You may want to refer them to Senate Bill 374, introduced by Senator Jim DeMint of South Carolina, which seeks to amend the CPSIA. It does a number of things, but the ones which would help immediately are removal of the retrograde application of the law and the removal of penalties during the interim (possibly a year or more) before the final regulations are put in place by the CPSC.
Legislation usually takes more time to pass than executive regulatory commission action, but it's an avenue that needs to be taken as well. To read SB-374: http://thomas.loc.gov/...cgi-bin/query/z?c111 |
oldfartPosts: 6763 Joined: 8/15/2006 Location:
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2/12/2009 4:26 PM The AMA should hire you, seriously. I'll bet you're more on top of this than they are. Great effort!
"It is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of citizens and one of the noblest characteristics of the late Revolution....."
James Madison |
flariderPosts: 21991 Joined: 4/01/2008 Location:
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2/12/2009 4:27 PM
The AMA should hire you, seriously. I'll bet you're more on top of this than they are. Great effort! agreed
and by the way, just so I'm clear, are we blaming Obama on this or not?
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JoJmotoPosts: 596 Joined: 11/08/2006 Location:
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2/12/2009 4:37 PM Arnt we paying the AMA to protect our right to ride ect..ect....
Where have they been in all of this? I am thinking about sending them a letter as well but far different then what I sent my Senator! www.SouthEastMX.com
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JoJmotoPosts: 596 Joined: 11/08/2006 Location:
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2/12/2009 4:49 PM Also, this maybe a little off topic but since we are calling our Senator's, maybe we should advise them that "We the people" are tired of the way the Country is being run into the dirt with all that is going on these days and we are tired of it. Does this word mean anything to you?
so⋅cial⋅ism /ˈsoʊʃəˌlɪzəm/ Show Spelled Pronunciation [soh-shuh-liz-uhm] Show IPA Pronunciation –noun 1. a theory or system of social organization that advocates the vesting of the ownership and control of the means of production and distribution, of capital, land, etc., in the community as a whole. Sounds kinda like what is going on to me. They start small and after time you dont even know they are sticking it up in ya. Look at what they want to do with the bail out money that most of us said NOT to give away. Now THEY want to set guidelines on how these companies can use the money. "Control of the means of" we are going to hell in a handbasket and we need to have an uprising as a Country to show these fruitcakes in power that we are the ones who are in power set forth by our forefathers who escaped the socialized Country that were held under a kings power. Only here, we have many kings who are in office for their own self gain while the rest of us loose our homes and business while they line their pockets. Grab you pitch forks and lanterns boys, we need to go to Washington!! www.SouthEastMX.com
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YZ441Posts: 1228 Joined: 9/05/2008 Location:
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2/12/2009 4:50 PM
Also, this maybe a little off topic but since we are calling our Senator's, maybe we should advise them that "We the people" are tired of the way the Country is being run into the dirt with all that is going on these days and we are tired of it. Does this word mean anything to you?
x2 thats the smartest thing ive heard all day
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JoJmotoPosts: 596 Joined: 11/08/2006 Location:
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2/13/2009 2:09 PM Glad to see everyone else is with us YZ..
www.SouthEastMX.com
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SteveSPosts: 2759 Joined: 8/16/2006 Location:
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2/13/2009 6:06 PM The CPSC issued responses to all the people who had requested waivers saying they weren't going to do anything until they make their final rules--a year from now!
This makes the passage of legislation like SB374 more urgent. It also brings up a next response from the industry people which would be to file in federal court to get an injunction against enforcement of the law. |
Moto East MagPosts: 1695 Joined: 9/04/2006 Location:
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2/15/2009 6:18 PM
Also, this maybe a little off topic but since we are calling our Senator's, maybe we should advise them that "We the people" are tired of the way the Country is being run into the dirt with all that is going on these days and we are tired of it. Does this word mean anything to you?
I don't really see a connection between this and socialism, but that's just me. It doesn't put the means of production in the hands of the public, it just removes the industry.
The anti-lead law itself might be valid, but the unintended side effects are not. A lot of the problems with the financial crisis were just old fashioned greed and corruption and a rampant lack of regulation at every level. That scares me more than any "commies." |
todderPosts: 1553 Joined: 10/20/2006 Location:
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3/3/2009 9:53 AM If you chew on lead chips for a year it might lower the IQ in SOME children, aren't there far more toxic things in everyones household that they should be more concerned with?
You can't spell crap without rap. |
wardyPosts: 588 Joined: 3/31/2008 Location:
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3/5/2009 7:02 AM my question is if they already exclude "bikes" why does mini bikes not be excluded???
its right on the cspc web site. am i missing something? |
9194Posts: 23 Joined: 4/01/2008 Location:
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3/5/2009 8:10 AM wardy,
I agree 100%. Below is the response I sent to my senator. I have yet to get a reply. Dear Senator Casey, I appreciate you response to my concerns regarding the implementation of the CPSIA. I fully understand that the safety of our children is important. I was aware of the stay of enforcement till February 10, 2010 provided by the CPSC. That stay does not provide relief for the motorcycle and ATV industry. Youth model motorcycles and ATV’s contain lead above the recommended levels in the CPSIA. As a result most manufactures have removed the models and replacement parts that are for sale. The lead is contained in the metals to provide malleability to items such as the frame handlebars and levers. The cable ands and electronic components also contain lead. I do not feel that the lead in youth Motorcycles or ATV’s present a risk to children. The possibility of lead exposure through ingestion or normal contact with these items is not present. I feel that youth model motorcycles and ATV’s need to immediately be exempted from the CPSIA. The CPSC has already provided exemptions to: 1) Bicycles 2) Tricycles 3) Sling shots and sharp-pointed darts 4) Playground equipment 5) Non-powder guns 6) Kites 7) Art materials, model kits, and hobby items in which the finished products is not primarily of play value 8) Sporting goods, camping goods, athletic equipment, musical instruments, and furniture, except for toy versions of these 9) Powered models of aircraft, rockets, boats, and land vehicles These exemption were provided by this draft: http://www.cpsc.gov/...thalatesguidance.pdf To provide exemptions to the above products and not include youth motorcycles and ATV’s is ridiculous. If you see item 9 above it includes radio controlled model motorcycles and ATV’s. What I find most ridiculous is a toy RC controlled motorcycle, that a kid might actually put in his/her mouth, is exempt for the law but the real article - a real motorcycle, not a model, is illegal. The risk of lead exposure by any of the above items is extremely low yet youth motorcycle and ATV’s is even lower. The entire motorcycle and ATV industry is suffering from this act. Without an immediate exemption for Youth motorcycles and ATV’s from this act many businesses and manufacturers will close. Many of those are in our Commonwealth. I understand you supported this legislation because you believed it promotes greater safety in children's products. These products do not present a lead risk to children. I feel that the CPSC was unprepared to fulfill the legislation. They should not be implementing rulings as they go. I ask you to do anything in your power to exempt youth motorcycles and ATV’s from this act. |
mx42Posts: 15 Joined: 1/12/2009 Location:
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3/6/2009 8:11 PM I got a response from our Senator here in MN today. She also attached a letter that basically outlines the things she said in her email to me. If I am understanding her point of view correctly, I'm pretty happy about what she has to say. I agree that a law needed to be passed to have toy's made safe for small children. That was the intent of the bill, but the leaders of the CPSC went crazy with it. I can't figure out how to get a link to the letter she sent to the SCSC, but it clearly said that the motorcycle parts that have the lead in them should fall under exemption, as it is so unlikely for a kid to ingest or absorb it.
Dear Jerry: Thank you for taking the time to write me about the Consumer Product Safety Improvement Act (CPSIA). I appreciate hearing from you on this important issue, and I understand your concern. As you may know, I supported the CPSIA. This law will protect kids and it is particularly important to me, since a Minnesota four-year-old died in 2007 from swallowing a charm made almost entirely of lead. At the same time, with legislation as detailed and sweeping as the CPSIA, certain clarifications and adjustments need to be made, especially as many small manufacturers, retailers, second-hand stores -- as well as ATV, bicycle and motocross enthusiasts -- are struggling to understand the practical and legal impact of this law. To that end, I have repeatedly urged the Consumer Product Safety Commission (CPSC) -- the agency in charge of implementing the CPSIA -- to issue pragmatic, common sense regulations that both ensure children’s safety and spare countless businesses and consumers unnecessary disruption. Congress gave the CPSC the power to do just that, and I remain disappointed with the agency’s adherence to a rigid interpretation of this law. It was never Congress’s intent to pass an inflexible law totally isolated from real world considerations; but that’s how the CPSC appears to be interpreting this law. Please note that along with a number of others Senators, I have called for a change of leadership at the CPSC so that this law can be implemented in common sense and practical ways that are consistent with the intent of Congress. I will continue to fight hard to make sure this happens. Attached is a recent letter that I wrote to Acting CPSC Chairman Nancy Nord on CPSIA implementation, which includes many of the concerns Minnesotans have raised. Please be assured that I will continue to push on your behalf for a reasonable implementation of the law at the CPSC as well as in Congress. Again, thank you for contacting me. One of the most important parts of my job is listening to what the people of Minnesota have to say to me. I am here in our nation’s capital to do the public’s business and to serve the people of our state. With that in mind, please do not hesitate to contact me again about matters of concern to you. Sincerely, Amy Klobuchar United States Senator |
wardyPosts: 588 Joined: 3/31/2008 Location:
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3/6/2009 9:33 PM Edited Date/Time:
3/6/2009 9:33 PM OK Gentelman.
NOw explain this one to me/???????? CUT AND PASTED RIGHT OFF THE CSPC WEBSITE> CPSC Home > Business > Current CPSC Does Not Have Jurisdiction Over All Products -------------------------------------------------------------------------------- The U.S. Consumer Product Safety Commission does not have jurisdiction over all products. Below is an alphabetized list of products that the CPSC does not have jursidiction over and links to the Government agencies that have jurisdiction over them. Aircraft Federal Aviation Administration Alcohol Alcohol and Tobacco Tax and Trade Bureau Ammunition Bureau of Alcohol, Tobacco, and Firearms Amusement Rides (fixed site) Jurisdiction based on Individual States Automobiles National Highway Traffic Safety Administration Auto Safety Hotline - Report a car that you feel has a safety defect Boats U.S. Coast Guard Car Seats (when used exclusively in on-road vehicles) National Highway Traffic Safety Administration Cosmetics (except for child resistant- packaging issues) Food and Drug Administration Drugs (except for child resistant- packaging issues) Food and Drug Administration Electronic Product Radiation Food and Drug Administration Firearms (except separate gun locks) Bureau of Alcohol, Tobacco, and Firearms Foods Meat, Poultry and Egg Products Non-Meat Food Products (ex: cereal) (except for child resistant packaging issues) Department of Agriculture Food and Drug Administration Industrial/Commercial Products/Farm Occupational Safety & Health Administration Medical Devices Food and Drug Administration Motorcycles National Highway Traffic Safety Administration Pesticides, Rodenticides, Fungicides Environmental Protection Agency Radioactive Materials U.S. Nuclear Regulatory Commission Tires National Highway Traffic Safety Administration Tobacco, Tobacco Products Alcohol and Tobacco Tax and Trade Bureau Trucks National Highway Traffic Safety Administration Auto Safety Hotline - Report a truck that you feel has a safety defect Veterinary Medicines Food and Drug Administration Dissatisfaction with business practices Federal Trade Commission -------------------------------------------------------------------------------- Consumer Safety (Home) | About CPSC | Library | Business |
SteveSPosts: 2759 Joined: 8/16/2006 Location:
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3/7/2009 7:29 AM Those are the traditional divisions of jurisdiction.
However the problem is that the new law cut across all of those because it used the worlds ALL PRODUCTS made for and used by 12 and unders. You'll note that child safety seats are on that list as being under the NHTSA's jurisdiction as well. That is still true as far as performance in car wrecks goes. But they fall under the CPSC's jurisdiction as far as the materials they are made from and whether they contain lead or phthalates, as far as the new law is concerned. You'll note there are some items on that list which have an exception listed "(except for child resistant packaging issues)". Once the new law's enforcement is settled and somebody gets around to updating that web page, practically every category on that list would have to have the exception stated "except for lead and phthalate content issues". |
croom mxPosts: 1531 Joined: 4/01/2008 Location:
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3/11/2009 6:14 AM |
86hondaPosts: 137 Joined: 12/23/2008 Location:
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3/12/2009 5:13 PM Old Fart your girl REALLY likes the NFL huh?
"This is a collect call from Mr. Floyd to Mrs. Floyd will you accept the charges from the United States? Oh! he hung up. There must be somone there besides your wife." |
SteveS wrote: You may want to refer them to Senate Bill 374, introduced by Senator Jim DeMint of South Carolina, which seeks to amend the CPSIA. It does a number of things, but the ones which would help immediately are removal of the retrograde application of the law and the removal of penalties during the interim (possibly a year or more) before the final regulations are put in place by the CPSC.
.374:
Legislation usually takes more time to pass than executive regulatory commission action, but it's an avenue that needs to be taken as well.
To read SB-374: http://thomas.loc.gov/...cgi-bin/query/z?c111