Regulatory and Flexibility Act & The CPSIA
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Original Post
In another thread, Danielle posted something about the Regulatory and Flexibility Act that protects small businesses from unnecessary testing and over regulation. There might be light and this might be it. Take the time to read and decipher as much as you can. There is a reason there are laws like this one. To protect us from laws like CPSIA.
www.epa.gov/sbrefa/statute/rfasbrefa_act.pdf
Posted at 10:43am Dec 28, 2008 EST
Responses
I am going to call on Monday regarding that 30 day issue. I think, if the CPCA did not talk to the SBA before sending the bill the congress, that would be violating the RFA. Now if they did put it by the SBA and they did not find a problem with it, we're up s---s creek without a paddle. I don't see how the SBA, if they were contacted, could have possibly agreed that the CPSIA was ok. Read the wikipedia version of the RFA and CPSIA, very understandable. I am alos going to see my aunt and have her translate these laws for me.
Not many people know about this law so maybe it slipped by the SBA. I don't know. The only thing I know is there are many phone calls to make this week. Plus all my tutus!!!!
Posted at 3:18pm Dec 28, 2008 EST
Fillerup...I believe you are on to something. However, the SBA is interested in rules or regulations made by an agency to enforce or implement a law. Congress passed HB4040, and now it is up to CPSC to write the rules and regulations to enforce that law. So I don't believe that the SBA is involved yet and there still is time to To request an impact study, etc... As I read it.
Posted at 4:48pm Dec 28, 2008 EST
just got home from the bar. had to blow off some CPSIA SBA RFA and any other acronyms we can come up with steam!!! i believe this is what we have been looking for. will be calling the sba in am hangover and all!!! gotta get some answers!!! there is hope if the sba was not given an opportunity to run a study!!!
Posted at 2:32am Dec 29, 2008 EST
The key requirement of the law is that federal agencies must analyze the impact of their regulatory actions on small entities (small businesses, small non-profit organizations and small jurisdictions of government) and, where the regulatory impact is likely to be "significant", affecting a "substantial number" of these small entities, seek less burdensome alternatives for them. Both current and proposed federal regulations are subject to the RFA.
***The 3rd paragraph of Requirements of the Act in the Regulatory Flexibility Act has given me hope. But also note that if you read farther down it doesnt say that this act necessarily can override what is being thrown in due to its nature** or Whatnot, im not a lawyer or nothing, just read and reread a bunch and I came up with this overall semi understanding. Gosh I hate all this not knowing junk. Life throws lemons sometimes and they really suck.
Posted at 3:05am Dec 29, 2008 EST
Getting ready make my phone calls everyone. Gotta finish a few tutus and then I'll call. Wish me luck. I'm a little nervous. Don't know why. I keep reading over everything so I don't sound uneducated. Anyways I'll post when I get off the phone. Please let there be some much needed answers!!!
Posted at 2:28pm Dec 29, 2008 EST
good luck frill! Can't wait to hear what you find out!
Posted at 2:47pm Dec 29, 2008 EST
Okay here's the deal. Because the law is so specific about the 3rd party lead testing there is nothing that the SBA can do about the existing law. Congress will have to amend the law themselves. He was kind of moving fast and I didn't get to ask him if the CPSC had contacted them previous to writing the law. He gave me the name of the lawyer for the SBA who is taking care of this case. The man I talked to said that the lawyer could answer all of my questions so I'll be sure to have a list so I don't miss anything. He won't be in the office this week but I got his name and direct line so I'll call next week. Back to Washington we go. The one thing he did say was that it is a good sign that the CPSC is meeting again the 2nd week of January. An amendment may be on the way. Keep pressuring!!!
Posted at 2:51pm Dec 29, 2008 EST