| Home > Community > Forums > CPSIA > When a law is passed - how it works in a nutshell |
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| When a law is passed - how it works in a nutshell |
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rabbithorns says: |
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. |
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Posted at 8:34 pm, January 23 2009 EST - Report this post
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rabbithorns says: |
LOL!
I agree we need to make sure the lawmakers fix this. But widespread panic weakens our cause. It makes us look like hysterical housewives who just don't understand all these "complicated things of the world"....(flutter eyelashes)...LOL
A bit of research and less divisive humor posts would be nice... |
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Posted at 8:47 pm, January 23 2009 EST - Report this post
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knottybabywear says: |
I too think people are panicing and closing their shops for nothing.
I feel bad that some of them are selling off their hard work for pennies- and this will all be solved eventually. |
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Posted at 8:52 pm, January 23 2009 EST - Report this post
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lostinfaerieland says: |
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I don't think anyone should be closing their shop. I think people should do like acorngirl said in her thread and keep your shop open but remove the children's items until this gets settled. Even if everything in your shop is for children, you should at least keep your shop open and empty so you can go back to your business if this law gets changed. |
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Posted at 8:55 pm, January 23 2009 EST - Report this post
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CodePirate says: |
Well, our congress members that wrote to Congressman Waxman saying
"The situation is urgent. On Februaty 10 in less than three weeks, these tiny producers will be out of business. Their products, regardless of innocense and safety, will have to be removed from store shelves and the websites of their own home businesses."
This was in the letter at the folowing link...
http://tinyurl.com/7r4nn4 |
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Posted at 8:57 pm, January 23 2009 EST - Report this post
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knottybabywear says: |
lol. explain mommy taking all her items out of her shop and not making any money to my hungry kids.
explain to my son that he has to go back to public school (where he was bullied and tortured) because mommy cant sell her leg warmers until things get sorted out.
sorry. no. |
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Posted at 9:00 pm, January 23 2009 EST - Report this post
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cmu55 says: |
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Rabbithorns you are my hero!!!!:) Thank you. |
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Posted at 9:01 pm, January 23 2009 EST - Report this post
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CodePirate says: |
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I agree... I am just saying that the law as it stands does not just go after importers. They screwed up and put it on everyone. |
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Posted at 9:02 pm, January 23 2009 EST - Report this post
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