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AAMA's Legislative
Counsel, Elliott Portnoy, of Sonnenschein Nath & Rosenthal, leads
a team of lawyers and non-lawyer policy professionals that assists
AAMA in Congressional, Executive Branch and state legislative and
regulatory matters.
AAMA is a member of the U.S.
Government's
Trade Compliance Center.
The Trade Compliance Center helps American
exporters overcome foreign trade barriers and works to ensure that foreign
countries comply with their commitments to the United States. Making
America's Trade Agreements Work for You! For more information on how the AAMA
can assist you, please contact us today at 847.290.8088.
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Government Relations
Update
AAMA's Monthly E-Newsletter: Loose Change
-
May/June, '09
Legislative Update -
Federal
Congress continues to work on
passage on the Family Smoking Prevention and Tobacco Control Act
(S. 892), legislation that would grant the Food and Drug
Administration (FDA) wide latitude to regulate cigarettes and
smokeless tobacco products. Under the bill, which has been on the
legislative agenda for the past several years, the FDA would have
authority to regulate both cigarette content as well as marketing
-- primarily in the context of limiting access to minors. This
proposed bill may well have an impact on the vending side of the
equation -- although those regulations would need to be developed
and approved by the FDA.
Gaming Update --
State
Substantial efforts are
underway in a number of states to authorize terminal or online
gaming, largely as a mechanism for closing growing budget gaps.
Below are quick summaries of key state developments:
California:
While on the surface things appear to be inactive, considerable
negotiations are underway behind the scenes. Key legislative
sponsors are in active discussions with key California Tribal
interests to secure their support for a structure that looks
similar to the European model. Early indications are that a
more detailed bill will be released and passed quickly in the
next 6-8 weeks, assuming that tribal support is present (in
order to ensure signature by Governor Schwarzenegger). With the
state in fiscal crisis, revenue is a major driver of the
politics in this case. The currently proposed structure would
involve a master licensee, with existing card clubs and tribes
authorized to market the games and receiving payment from the
state for the participants they bring to the games.
Delaware:
Governor Markell signed legislation last week that authorizes
sports booking at horse racetracks in DE, along with table
games. The State Supreme Court must still rule on certain
aspects of the legislation particularly with respect to whether
the state constitution permits sports wagering as a game of
chance. Unlike a number of states, Delaware's statute expressly
permits games of chance, and so the argument for poker asserts
that it is a game of chance rather than skill.
Illinois:
The Illinois legislature approved terminal gaming at bars,
restaurants and other establishments, and it is expected that
the Governor will sign the bill into law. Providers of terminal
games, location owners and operators, and potentially vendors,
would all need to receive certification from the state gaming
authority, a process that may take some time to implement.
Government Relations
Update
AAMA's Monthly E-Newsletter: Loose Change
-
Jan/Feb, '09
NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207
FOR IMMEDIATE RELEASE
Release #09-121
CPSC Recall Hotline: (800)
638-2772
CPSC Media Contact: (301) 504-7908
CPSC Issues Guidance For
Complying With Phthalates Requirements In New Child Safety Law
WASHINGTON, D.C. - Starting on
February 10, 2009, children's toys and child care articles cannot
contain more that 0.1% of six phthalates (DEHP, DBP, BBP, DINP, DIDP,
and DnOPA) regardless of when they were manufactured. The CPSC will
abide by a court decision (pdf) issued yesterday ruling that the
prohibition on phthalates in the Consumer Product Safety Improvement
Act of 2008 applies to products in inventory. Phthalates are a group
of chemicals (oily, colorless liquids) that are used among other
things to make vinyl and other plastics soft and flexible.
A "children's toy" is defined
in the statute as a product intended for a child 12 years of age or
younger for use when playing. The Commission has previously stated
that it will follow the definition of toy in the mandatory toy
standard which exempts such things as bikes, playground equipment,
musical instruments, and sporting goods (except for their toy
counterparts).
The statute also prohibits
phthalates over the limit in "child care articles," which include
products that a child 3 and younger would use for sleeping, feeding,
sucking or teething. By way of example, a pacifier/teether would be
an item that would help a child with sucking or teething; a sippy
cup would facilitate feeding; and a crib mattress would facilitate
sleeping.
Companies must meet their
reporting obligation under federal law and immediately tell the
Commission if they learn of a children's toy or child care article
that exceeds the new phthalates limits starting on February 10,
2009. Companies also should know that the CPSIA generally prohibits
the export for sale of children's products that exceed the new
phthalates limits.
The agency will be issuing
further guidance information next week.
News from AAMA
Online
Posted
Monday, February 4, 2009 --
9:53a.m.
Elk Grove Village, IL - Feb
4, '09 - AAMA's Legislative Council, Sonnenschein Nath &
Rosenthal reported a recent development on the Consumer Product
Safety Act.
In response to significant
industry concerns and onerous logistical constraints imposed on
the Consumer Product Safety Commission (CPSC) under the Consumer
Product Safety Improvement Act (CPSIA), the Commission issued a
stay of enforcement late Friday, Jan. 31, 2009, delaying
enforcement of certain testing and certification requirements for
some products.
The stay of enforcement provides limited relief for manufacturers
and importers from testing and certification requirements for lead
content limits (600 ppm), phthalates limits (1000 ppm) and
mandatory toy standards - all of which go into effect on Feb. 10,
2009. Under the stay, which remains in effect until Feb. 10, 2010,
manufacturers and importers will not need to test or certify
compliance with these new requirements, although they must still
comply with the underlying lead and phthalate limits, mandatory
toy standards and other requirements imposed by the CPSIA.
Significantly, the stay does
not apply to testing, certification or compliance with other key
requirements of the CPSIA, including:
1. Four third-party testing and
certification requirements covering children's products subject to:
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The lead paint and surface
coatings ban effective Dec. 21, 2008;
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The small parts ban effective
for certain children's products made after Feb. 15, 2009;
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The baby crib and pacifier
standards effective for products made after Jan. 20, 2009;
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The lead content limits for
children's jewelry that will become effective on March 23,
2009.
2. Certification requirements
applicable to ATVs manufactured after April 13, 2009.
3. Testing and certification
requirements that pre-date the CPSIA for automatic garage door
openers, bicycle helmets, candles with metal core wicks,
lawnmowers, lighters, mattresses and swimming pool slides.
4. Pool and spa drain cover
requirements under the Virginia Graeme Baker Pool & Spa Safety
Act.
The stay will benefit both large
and small manufacturers and importers, and will provide the
Commission with additional time to issue rules and other guidance
for implementation of the testing and certification requirements for
the lead content, phthalate and mandatory toy safety standards.
The stay does not relieve
manufacturers, importers, distributors or retailers - including
thrift and secondhand stores - from core product safety
obligations. Stated differently, products sold on or after Feb.
10, 2009, may not contain more than 600 ppm of lead or 1000 ppm of
certain phthalates, and must also comply with all other consumer
product safety rules, bans and standards in effect at that time.
Finally, the CPSC strongly
urged state attorneys general to respect and defer to the
Commission's judgment and avoid undertaking any state enforcement
activity that could thwart the purpose and rationale for the
one-year stay.
For additional information
about the CPSIA,
click here.
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