Hello Sam,

Chances are if you are ever involved in a product liability law suit in the 
United States that the jury will look at you very unfavorably if your 
product is not NRTL Listed. Also, expect that the NRTL will not help defend 
you in a law suit even if your product is Listed with them. A Catch 22.

BTW, enforcement of law should never be a condition of compliance. Market 
surveillance does happen. Just because you have not been caught does not 
mean that the law is not being enforced. However, this really depends on 
the integrity of your company and its management, and whether they are 
willing to except risk of liability. Makes you wonder why we have whistle 
blowers.

Best regards,
Ron Wellman

At 05:48 PM 1/14/2003 -0600, Sam Davis wrote:

>Another interpretation of the question may be "Where is the NRTL requirement
>strictly enforced?"  (which is a much larger list than where it is
>required.)  Where can you get away without a NRTL mark?  That depends in
>part on the product, the market, and the distribution scheme.
>
>Which brings this to mind- "Is a law a law if it is not enforced?"  (Many
>politically controversial issues come to mind here.)
>
>I have had many clients who actually want to waive tests based on the
>argument "We've been selling these for years, and have had no complaints
>yet."  It is not uncommon to be able to sell laboratory equipment, with a CE
>mark only, all over the US.  Even some medical equipment (which truly
>surprised me).
>
>Basically, if the client (or reseller) doesn't care, and the electrical
>inspector doesn't see it, it can be sold and used without a NRTL mark.
>
>The same logic can be used in illicit drug trafficking as well.  (If I don't
>get caught, I'm not breaking the law).
>
>I am not suggesting that any product to be sold in the US not be "NRTL'ed",
>but just expressing another viewpoint.  Besides the fact that my employer
>makes money when we sell a NRTL job, my risk vs reward mindset tells me the
>cash saved now (a few $k - not much reward) ain't worth the potential
>injuries, deaths, and lawsuits (where the risk amount depends on your
>company's assets).
>
>NRTL it, and the question is moot.
>
>Sam




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