jimdoc
Well-known member
Has anybody else seen this from Megan Rose's Gold Ezine?;
BREAKING NEWS: SODIUM NITRATE
Enforcement efforts begun by CPSC (Consumer Product Safety Commission) and
DOT (Department of Transportation) have resulted in the Government winning on
all counts Case # CV-04-577-E-BLW, April 30, 2007, US District Court-Idaho.
In this era of post Oklahoma City bombing and 9/11 Patriot Act enforcement
efforts, a multi-year action against a small Pocatello, ID company, filed
November 16, 2004 has now concluded. This company retailed among other inventoried
items, many oxidizers, including SODIUM NITRATE and small micron zinc dust,
aluminum particles, magnesium particles and many other oxidizer items and solids
listed in the Federal Hazardous Substances Act, as well as the final order
and judgment.
It is Pen Press' opinion, that the CPSC with the DOT joining this 3 year
fracas against the defendants, Firefox of Pocatello, ID and Gary Purrington, et
al, that this is the first time quantities of oxidizers of any sort have been
more narrowly defined in the Memorandum Decision and Order as well as the
Judgment in the following manner:
Quantity, type, use, packaging, record-keeping detail, customer id, customer
purpose for purchase, as well as duration of business relationship, frequency
of purchase, etc., are all covered in the final judgment.
The arguments included who had jurisdiction, ATFE (Alcohol, Tobacco,
Firearms, Explosives) and/or DOT and/or CPSC. When all the smoke was cleared, the
judge found overlap but no enforcement jurisdictional inconsistencies in the
overlap. The standard applied to purchases of both oxidizers and other solids
considered fuels was most restrictive, and arguably used by those pursuing the
rocketry hobby, and creating homemade fireworks such as M80s. It is commonly
known through the internet that Firefox also supplied hobby gold refiners with
their Sodium Nitrate product, although that hobby gold refining category of
usage was not addressed per se in this lawsuit brought by the government.
The CPSC won on their argument that defendants' buyers of oxidizers and other
listed solids fuels did not constitute definition of "personal use" by their
customers. Firefox customer records (109) were tracked back to 1999 and
entered as part of the government's exhibits. CPSC investigators claimed Firefox's
claim of sale for personal use was not a valid argument for the listed
chemicals, because there was no "personal care" nor "personal use in the home" of
the listed oxidizers and related fuel items. The defendants could not produce
any expert testimony to the contrary. The judge ruled in CPSC's favor on this
non-personal use argument.
The government claimed Firefox used inappropriate packaging and labeling
ship-ments of listed oxidizers of which Sodium Nitrate was one, shipped under
ORM-D Blue Label, was also a violation of DOT 49 U.S.C. paragraphs 5122 a & b.
The new judgment against the losing defendant is a restriction to sell only
1# of any such listed item or oxidizer in the lawsuit, per person, per 12 month
period, that Firefox can sell. Additionally, most stringent record keeping
standards, identification prior to purchase, discernment and recording of the
usage of listed oxidizers by the buyer, et al, and current agreement for
future unannounced search were also levied against this business and co-defendants.
A source believed to be reliable who was close to the investigation stated
that since the government won in IDAHO District Court, they were going after a
"Virginia source" of oxidizers next. At this time, Pen Press doesn't know
whether that would be a retailer or a wholesaler distributor under DOT or CPSE
scruitiny. While that could be anyone, Pen Press interprets this to mean that
this restrictive ruling is now going to serve as an important new enforcement
plank in the platform of restricting more individuals' access to powdered
oxidizers and propellants in quantities over 1# per person per calendar year.
The judgment requires any purchase amounts OVER 1# only be permitted to be
sold to authorized holders of EX # (federal explosive permit) and properly ID'd
individuals during any calendar year by Firefox.
While all long standing customers and readers of Ms. Megan's kits will
recognize the following to be true, Ms. Megan has very much been vocally opposed to
purchase or use of Sodium Nitrate as an oxidizer by hobbyist refiners. She
always has been. Most of the bad press Ms. Megan has received over the last 5
years in particular, especially by oxidizer sellers in various auction formats,
said attacks have primarily been due to her adversaries railing against her
unflinching position that sodium nitrate is not a viable nor desirable protocol
option as a substitute for Nitric Acid. In interviewing Ms. Megan for this
article, she said:
"Those adults who choose to engage in hobby gold refining on their personal
property are constantly advised--by my adversaries--to regularly dissolve 1/2#
of Sodium Nitrate before stirring into one powerful acid or another in their
pursuit of gold refining. Since the very real potential now exists for
purchasers to be limited to 1# per 12 month period, this would severely reduce the
ease of access to this unacceptable oxidizer. It appears my long held
opposition to its use has merit."
Pen Press believes the way is now cleared to systematically pursue and attack
all
retail sales outlets who have openly sold sodium nitrate, zinc dust, and
other listed
Hazardous Substances Act chemicals listed on the govt website as oxidizers as
well as those listed in this lawsuit and final judgement. Historically,
restriction of access usually leads to escalation in item costs as enforcement and
record-keeping requirements' cost always get passed through to the purchaser.
Furthermore, those who have openly purchased said oxidizers on public sites
have
undoubtedly been logged in this 3year court effort to restrict just one Idaho
retailer. A simple "screen name" will not hide anyone from research and
investigation.
Pen Press also believes those who promote/teach and advise others to use such
oxidizers as the listed sodium nitrate and zinc dust and aluminum dust, etc.,
will
also be eventually found and confronted in the ongoing oxidizers and hobbyist
rocketry fuel sweep under the Patriot Act investigation and enforcement
action now clearly underway and revealed for the first time in this issue of the
GEeZ.
For the GEeZ reader's aid in further research, the 4 pages of Docket and the
front
page of the lawsuit Judgement are to be found on:
http://members.aol.com/zeehansen/breakingnews.htm
BREAKING NEWS: SODIUM NITRATE
Enforcement efforts begun by CPSC (Consumer Product Safety Commission) and
DOT (Department of Transportation) have resulted in the Government winning on
all counts Case # CV-04-577-E-BLW, April 30, 2007, US District Court-Idaho.
In this era of post Oklahoma City bombing and 9/11 Patriot Act enforcement
efforts, a multi-year action against a small Pocatello, ID company, filed
November 16, 2004 has now concluded. This company retailed among other inventoried
items, many oxidizers, including SODIUM NITRATE and small micron zinc dust,
aluminum particles, magnesium particles and many other oxidizer items and solids
listed in the Federal Hazardous Substances Act, as well as the final order
and judgment.
It is Pen Press' opinion, that the CPSC with the DOT joining this 3 year
fracas against the defendants, Firefox of Pocatello, ID and Gary Purrington, et
al, that this is the first time quantities of oxidizers of any sort have been
more narrowly defined in the Memorandum Decision and Order as well as the
Judgment in the following manner:
Quantity, type, use, packaging, record-keeping detail, customer id, customer
purpose for purchase, as well as duration of business relationship, frequency
of purchase, etc., are all covered in the final judgment.
The arguments included who had jurisdiction, ATFE (Alcohol, Tobacco,
Firearms, Explosives) and/or DOT and/or CPSC. When all the smoke was cleared, the
judge found overlap but no enforcement jurisdictional inconsistencies in the
overlap. The standard applied to purchases of both oxidizers and other solids
considered fuels was most restrictive, and arguably used by those pursuing the
rocketry hobby, and creating homemade fireworks such as M80s. It is commonly
known through the internet that Firefox also supplied hobby gold refiners with
their Sodium Nitrate product, although that hobby gold refining category of
usage was not addressed per se in this lawsuit brought by the government.
The CPSC won on their argument that defendants' buyers of oxidizers and other
listed solids fuels did not constitute definition of "personal use" by their
customers. Firefox customer records (109) were tracked back to 1999 and
entered as part of the government's exhibits. CPSC investigators claimed Firefox's
claim of sale for personal use was not a valid argument for the listed
chemicals, because there was no "personal care" nor "personal use in the home" of
the listed oxidizers and related fuel items. The defendants could not produce
any expert testimony to the contrary. The judge ruled in CPSC's favor on this
non-personal use argument.
The government claimed Firefox used inappropriate packaging and labeling
ship-ments of listed oxidizers of which Sodium Nitrate was one, shipped under
ORM-D Blue Label, was also a violation of DOT 49 U.S.C. paragraphs 5122 a & b.
The new judgment against the losing defendant is a restriction to sell only
1# of any such listed item or oxidizer in the lawsuit, per person, per 12 month
period, that Firefox can sell. Additionally, most stringent record keeping
standards, identification prior to purchase, discernment and recording of the
usage of listed oxidizers by the buyer, et al, and current agreement for
future unannounced search were also levied against this business and co-defendants.
A source believed to be reliable who was close to the investigation stated
that since the government won in IDAHO District Court, they were going after a
"Virginia source" of oxidizers next. At this time, Pen Press doesn't know
whether that would be a retailer or a wholesaler distributor under DOT or CPSE
scruitiny. While that could be anyone, Pen Press interprets this to mean that
this restrictive ruling is now going to serve as an important new enforcement
plank in the platform of restricting more individuals' access to powdered
oxidizers and propellants in quantities over 1# per person per calendar year.
The judgment requires any purchase amounts OVER 1# only be permitted to be
sold to authorized holders of EX # (federal explosive permit) and properly ID'd
individuals during any calendar year by Firefox.
While all long standing customers and readers of Ms. Megan's kits will
recognize the following to be true, Ms. Megan has very much been vocally opposed to
purchase or use of Sodium Nitrate as an oxidizer by hobbyist refiners. She
always has been. Most of the bad press Ms. Megan has received over the last 5
years in particular, especially by oxidizer sellers in various auction formats,
said attacks have primarily been due to her adversaries railing against her
unflinching position that sodium nitrate is not a viable nor desirable protocol
option as a substitute for Nitric Acid. In interviewing Ms. Megan for this
article, she said:
"Those adults who choose to engage in hobby gold refining on their personal
property are constantly advised--by my adversaries--to regularly dissolve 1/2#
of Sodium Nitrate before stirring into one powerful acid or another in their
pursuit of gold refining. Since the very real potential now exists for
purchasers to be limited to 1# per 12 month period, this would severely reduce the
ease of access to this unacceptable oxidizer. It appears my long held
opposition to its use has merit."
Pen Press believes the way is now cleared to systematically pursue and attack
all
retail sales outlets who have openly sold sodium nitrate, zinc dust, and
other listed
Hazardous Substances Act chemicals listed on the govt website as oxidizers as
well as those listed in this lawsuit and final judgement. Historically,
restriction of access usually leads to escalation in item costs as enforcement and
record-keeping requirements' cost always get passed through to the purchaser.
Furthermore, those who have openly purchased said oxidizers on public sites
have
undoubtedly been logged in this 3year court effort to restrict just one Idaho
retailer. A simple "screen name" will not hide anyone from research and
investigation.
Pen Press also believes those who promote/teach and advise others to use such
oxidizers as the listed sodium nitrate and zinc dust and aluminum dust, etc.,
will
also be eventually found and confronted in the ongoing oxidizers and hobbyist
rocketry fuel sweep under the Patriot Act investigation and enforcement
action now clearly underway and revealed for the first time in this issue of the
GEeZ.
For the GEeZ reader's aid in further research, the 4 pages of Docket and the
front
page of the lawsuit Judgement are to be found on:
http://members.aol.com/zeehansen/breakingnews.htm
but the Home depot 1/4 mile from my house here in Indianapolis actually sells it 2 gallons per box!! It is actually kept outside in the "garden" section. Don't bother looking in the paint isle. That person you spoke to might not have known about it possibly being outside. 
