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]>
> >
> 
> 
> 
> 
> 
> 
> 
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