I agree that you can't trust everyone to have common sense; however, common sense should be used in drafting Prop 65s.
-----Original Message----- From: Price, Ed <[email protected]> To: EMC PSTC <[email protected]> List-Post: [email protected] Date: Thursday, August 05, 1999 11:42 PM Subject: RE: new legal issues > >Eric: > >Better take a couple of deep breaths before your start advocating trade >tariffs. I suppose that you would also advocate putting a line item >surcharge on all of your products going to Europe to cover the cost of CE? > >Now, I'm not defending our Prop 65 too strongly. I think it's ridiculous >that our power company includes a warning about electromagnetic fields and >carcinogens in natural gas in each bill, or that gasoline companies have to >take out a big ad in the newspaper periodically warning you that their gas >stations contain materials known to be carcinogenic. > >BTW, those studies are done by noting the accelerated dosage needed to >develop cancers in lab rats. We would have far fewer "known carcinogens" if >we could breed substantially tougher lab rats. <grin> > >But Prop 65 was born due to the abuses of industry. A few years ago, it came >out that a small company in a local industrial park (like where you would >find cabinetry shops or compliance test labs) was involved in the processing >of some gaseous phosphorus-based chemical which was rather akin to nerve >gas. The company claimed they were very careful, but the disaster potential >of that type of operation in a 5 mile diameter box valley with 100K >inhabitants was huge. That operation should have been conducted somewhere in >the desert, where you could have miles of buffer zone. (I think the company >eventually relocated to Arizona or Texas. Might even be down the road from >National!) > >I don't think Californians are unique in wanting to know just what >incredible things are being warehoused a quarter mile away from our homes or >being cooked in the adjoining industrial suite. You can't trust everyone >else to have common sense. > > >:-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-) >Ed Price >[email protected] >Electromagnetic Compatibility Lab >Cubic Defense Systems >San Diego, CA. USA >619-505-2780 (Voice) >619-505-1502 (Fax) >Military & Avionics EMC Services Is Our Specialty >Shake-Bake-Shock - Metrology - Reliability Analysis >:-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-):-) > >> -----Original Message----- >> From: [email protected] [SMTP:[email protected]] >> Sent: Thursday, August 05, 1999 5:03 AM >> To: EMC PSTC >> Subject: Re: new legal issues >> >> >> Problems create opportunities - so I've heard. Prop 65 sounds like one. >> >> Why not just charge all orders destined for California a surcharge, call >> it >> "California Prop 65 Special Materials Handling". Make sure you charge >> enough to >> make a nice profit above the cost of the marking and enough to cover the >> cost >> plus profit against any future legal problems. >> >> And especially make sure that the new charge appears as a line-item on the >> invoice so the California customer knows who to blame. >> >> This way, we all extract even more money out of the California economy. >> So the >> net effect is a minus for California. The state government will realize >> this >> and they'll be a little less prone to make more such opportunities for us >> in the >> future. >> >> Though I started this in jest, it's starting to sound like a doggone good >> idea.... >> >> Regards, >> Eric >> >> >> >> >> >> Please respond to Dwight Hunnicutt <[email protected]> >> >> To: Naftali Shani <[email protected]>, EMC PSTC >> <[email protected]> >> cc: (bcc: Eric Lifsey/AUS/NIC) >> Subject: Re: new legal issues >> >> >> Item #2 would set an interesting precendent...just about every >> electronic product on the market has some solder...so everything from >> the little beeping, blinking toy imported from Asia, to home theatre >> equipment, to your desk phone, fax machine, and pager would need a Prop. >> 65 warning marking? >> >> >> Naftali Shani wrote: >> > >> > For those on the frontline: has anyone been exposed to any of these >> legal >> > requirements? Would you mind sharing your experience(s)? >> > >> > Regards, >> > Naftali Shani, Nortel Networks, Dept. 0S46, MS 117/C1/N04 >> > 21 Richardson Side Road, Kanata, Ontario, Canada K2K 2C1 >> > Voice +1.613.765.2505 (ESN 395) Fax +1.613.763.3365 (ESN 393) >> > E-mail: [email protected] <mailto:[email protected]> >> > >> > -----Original Message----- >> > From: Ray Alderman [SMTP:[email protected]] <mailto:[SMTP:[email protected]]> >> > Sent: Wednesday, August 04, 1999 15:23 >> > To: [email protected] <mailto:[email protected]> >> > Subject: new legal issues >> > >> > Hello Members: >> > I should make you aware of two new legal issues that you may run >> > into in the near future: >> > >> > 1. Lemelson Medical, Educational, and Research Foundation holds some >> > patents on barcode reading processes, and they are asserting those >> patents >> > on USERS of that equipment (ie, users who barcode their products and >> read >> > those codes). So far, they have targeted grocery stores, distributors, >> and >> > now manufacturers in the elctronics industry. They have granted over 100 >> > licenses, and over 200 companies have payed hundreds of millions of >> dollars >> > to license them. The patents have not been challenged or litigated. If >> you >> > use bar codes on your products and read them, then you may see these >> folks >> > in your future. >> > >> > 2. The State of California statue called Proposition 65 requires that >> > manufacturers place a warning label on the containers of products (and >> the >> > products themselves) if they contain harmful carcinogens or chemicals, >> > including lead. The solder on your circuit boards constitutes a product >> > with toxic exposure potential to both customers and employees. >> > >> > The state of California has 90 days to prosecute the manufacturer for >> > non-compliance. After that time, private lawsuits can then be placed by >> > employees or customers. If you ship products into California, you might >> > want to heed this information. They like to get money from outside their >> > own economy to fund their latest social programs. >> > >> > Now you know. >> > >> > Regards...Ray Alderman >> > >> > >> ------------------------------------------------------------------------- - >> - >> > Ray Alderman PH: 480-951-8866 >> > Executive Director, VITA FX: 480-951-0720 >> > 7825 E. Gelding Dr. #104 email: [email protected] >> > <mailto:[email protected]> or >> > Scottsdale, AZ 85260 [email protected] >> > <mailto:[email protected]> >> > >> >> >> >> >> >> >> >> --------- >> This message is coming from the emc-pstc discussion list. >> To cancel your subscription, send mail to [email protected] >> with the single line: "unsubscribe emc-pstc" (without the >> quotes). For help, send mail to [email protected], >> [email protected], [email protected], or >> [email protected] (the list administrators). >> > >--------- >This message is coming from the emc-pstc discussion list. >To cancel your subscription, send mail to [email protected] >with the single line: "unsubscribe emc-pstc" (without the >quotes). For help, send mail to [email protected], >[email protected], [email protected], or >[email protected] (the list administrators). > > --------- This message is coming from the emc-pstc discussion list. To cancel your subscription, send mail to [email protected] with the single line: "unsubscribe emc-pstc" (without the quotes). For help, send mail to [email protected], [email protected], [email protected], or [email protected] (the list administrators).
