[BProckets] CPSC trying to stop chemical sales

[Cats yahoo]

Just called Firefox and unfortunately hey confirmed this to be true. 


>From rec.pyrotechnics:

Dear Pyro Hobbyists:

  This is Danny Clark, past President of the Crackerjacks.  On behalf of the
Fireworks Foundation and the pyro community, I desperately need to ask for
your help on a serious situation that directly affects the pyro hobby.

  Firefox was served a summons to sign a decent decree that effectively says
that they must stop selling most oxidizers and fine mesh metals to non-ATF
permit holders.  If they fail to sign, they have been ordered to appear in
court.  ATF rules do not forbid hobbyist manufacture in states where it is
not prohibited.  ATF rules do not forbid sales of these chemicals.

  If the CPSC is successful, Firefox, Skylighter and the other chemical
suppliers will be out of business.  Hobbyist manufacture of fireworks will
be gone.  This is a VERY serious situation.

  The Fireworks Foundation has formed a legal team to analyze and defend the
situation.  This defense team needs funding.  They may also need support in
the form of letters.

  I am asking each pyro hobbyist to make a donation of whatever amount you
can afford.  If you can give even a $1, it is appreciated.

  In a few days there will be a website for news regarding this situation.
It will also list all of those companies, clubs, and people that have made
pledges/donations above $1000.  Therefore, please send me an email when you
make a pledge.  Send actual payments
to:

Mike Swisher
Treasurer-Fireworks Foundation
14511 Olinda Blvd. N
Stillwater, Minnesota 55082

Make checks payable to THE FIREWORKS FOUNDATION

Note on each check whether the contribution is designated for the "Chemical
Defense Fund" or "General Foundation Use"

Below are the unedited details as they have been presented by Gary and Diane
of FireFox.

Danny Clark

-------------------------------------

Begin message to John Steinberg from Firefox:

 

John, 

The time has come to start the fund raisers, and we appreciate your
willingness to help us. 
We were hoping that we would not have to write this letter, but
unfortunately all of our attempts to negotiate with the CPSC have failed. On
Monday last we were served with a Summons to either sign the Consent Decree
that was attached or appear in court. After reading through the new proposed
Consent Decree, we have come to the conclusion that to sign it we would in
fact be putting an end to our business, as we could not survive with such a
devastating blow in sales by eliminating these items from sales as stated in
this Decree. 
  This is a brief summary of their decree; No sales whatsoever on the
following items unless the customer has an ATFE manufacturing permit; any
Chlorate compound, Magnesium Metal (all), Permanganate compound, Peroxide
compound, Zirconium Metal, or any listed in 16 C.F.R. 1507.2.
No
sales on the following to anyone that does not posses a ATFE Manufacturing
Permit, the following partial size in less than 100 mesh, Aluminum and
Aluminum Alloys (all of them), Magnesium Aluminum Alloys, Titanium Alloys or
Zinc Metal. No sales on the following items to anyone that does not posses a
ATFE Manufacturing Permit in quantities  greater than 1 LB per year,
Antimony and Antimony Compounds, Benzoate Compounds, Nitrate Compounds,
Perchlorate Compounds, Salicylate Compounds or Sulfur. No sales on any Fuse
greater than 25' per year per customer who does not posses a ATFE
Manufacturing License. 
  As you can see this covers virtually ALL OXIDIZERS and most of the
commonly used fuels. This will effectively put us and all other suppliers
out of business and with us, the clubs. 
  The ATF tells us that hobby fireworks for your own use and not for resale
is legal without permits in most cases (you still need an ATFE to purchase
time fuse if you are making shells and black powder).
However, you
do have to store the completed devices properly according to their specs
(magazine) but if you do not have an ATFE you do not need to register the
magazine with ATF. You just need one constructed according to their specs
should they have reason to visit you and you do need to keep magazine
records. The CPSC does not care about this. It looks to us like they are
trying to get these chemicals listed on the FHSA (fed hazardous substance
act). If they do, these items are GONE!
As you know we have been willing to do our part in controlling those that
wish to make illegal devises, as they are the ones that make it hard for all
of us that strive to follow the regulations and keep this hobby alive.
We do
not sell "combination orders" for flash without an ATFE but the CPSC has
broadened their language as to what is a combination order. They now state
that anyone who orders the materials that can be used to make salutes, even
separately and/or over any period of time and even if not all of the
materials it takes to make them was ordered, again even over any period of
time would be in violation of the FHSA. One example is an order for
potassium chlorate or perchlorate and paper tubes! Another would be an order
for 250 ft of fuse, etc. etc..
We both wish that we could fight this alone without asking for any help, but
unfortunately we do not have enough finances to do that, so we are turning
to you and humbly asking you to help us with this. It does not matter who
you purchase your materials from. If we loose this battle all the other
suppliers will fall as well and they know it. It is time to rally all the
support we can to get through this.  Please help  us and your hobby by
addressing as many supporters as you can to come to our aid.
We have been in contact with our attorney (Doug Mawhorr) and he is very
positive that we will have a good chance of this going our way with some
restrictions of course. 
Gary and I both would be devastated to see this hobby come to a halt, so no
matter how much it takes mentally and physically we will do this so that
hopefully years from now we are able to enjoy this hobby with our
grandchildren as we do today.   
So, it is time to start the fund raisers, rally the troops and even some
letters can help. We need to educate the court on what these materials are
used for legally and that they are not just used or intended for illegal
production and/or sale. Any comments or letters we can present the court
would help. I believe the key to this is education.
We appreciate all your continued support, 

Gary and Diane