How To Write Legal Regulatory Articles - Legal Content Online
Sunday, September 5th, 2010Despite what you might think you do not have to be a lawyer to post legal regulatory articles online. As long as you are not giving legal advice you are good to go. Further, you should not assume that lawyers, or attorneys know more than you do when it comes to legal regulatory issues, as you are both reading from the same codes, rules, and regulations.
Additionally, despite their facade, not all lawyers are as intelligent as they purport. They have just spent a lot of time in school studying legal issues and law; much of which will have absolutely no bearing on their actual chosen professional legal niche. As a retired franchisor founder, having actually run a company, I can tell you that I had become intimately familiar with all the legal regulations surrounding our industry.
To further my understanding, I belonged to a list-serve from the ABA where all the franchise lawyers came to meet and talk. I was actually quite blown away to find, more often than not, I knew more than they did, and since I ran a company I knew the ramifications of each chess move far better than they.
Technical Detail
This is where it gets complicated, documental inks are not single substances, they are a complex mixture of pigments, resins, solvents and additives. The definition of a substance that needs registering within the legislation is ” A chemical element and it’s compounds in the natural state. excluding any solvent which may be separated without affecting the stability of the substance or changing its composition” Now, since a major component of the ink is solvent, this is excluded. Also, so are polymers, and since the other major component of an ink is a resin, (which in turn is a polymer) then these too are exempted. That leaves the additives, and some of these could also be exempted on the basis that ” the estimated risk is negligible” e.g water which is used in inks for Fountain Pens. .
So, on balance for more than 80% of the weight of the ink, the chemicals do not fall within the scope of REACH. In the unlikely event that an importer is buying in tens of millions of Pens , and not getting the inks from an already REACH Registered supplier, to calculate whether or not the substance needs registering for REACH, the importer will need the exact formulation of the ink, which of course is the intellectual property of the owner and closely guarded, and is likely to be refused.
Conclusion
So, in a nutshell, nothing to worry about for small importers of promotional pens, promotional items or business gifts containing documental and even large ones if the imported pens contain inks produced by a REACH Registered supplier. If you are a major importer buying in millions of pens and don’t have these safeguards in place, watch out. The enforcement agency is the Health and Safety Executive
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