[sdiy] OT: Behringer fined $1M

[David J. Hughes]

Paul et al,

on 28/2/06 11:16 am, Paul Maddox at P.Maddox at signal.QinetiQ.com wrote:

> it is illegal in the US to sell products without an FCC certificate.
> The same applies in Europe with CE approval.

Sorry but that's not true.

My understanding is based on briefings with several government departments
as well as industrial and academic advisors as recently as September 2005.

The EU realises that formal EMC testing would make custom products and low
volume manufacturing uneconomic so, for the time being, EMC testing is not
mandatory. If EMC/CE testing was mandatory then you would be adding
something like £5K-£7K ($10K-$14K) to the development cost of each product.
No small company can survive that kind of 'bureaucracy'.

If you sell any product in Europe it must have a CE marker affixed. Doesn't
matter if the product is a pile of crap so long as it has a CE marker. (Yes,
this is ludicrious). You will get into trouble if you mark something with a
CE sticker and said object turns out to have some less than ideal
properties. Like electrocuting the customer or severing an artery when you
switch it on for the first time.

You do not have to get your products tested for CE compliance. Ideally, you
must design products according to specific EU directives. In the case of
electronic musical instruments you should design according to the directives
covering electromagnetic inteference and the directive relating to EMC
static protection.

If you are creating commercial goods for sale in Europe and the US, you must
have a Technical Construction File for each product. That file must contain
all relevant technical details (schematics, design goals, failure analysis,
RoHS compliance etc) and must be completed by a qualified engineer. Better
still, you should have your product examined by, at minimum, a
"pre-compliance testing house". (We use Northumbria University at
Newcastle). 

If a serious fault occurs in the field i.e. you kill someone or give them a
massive shock then you will almost certainly be approached by a government
body. In the UK, this would be the Department of Health and Safety and/or
the Department of Trade and Industry. You will probably have to present them
with your Technical Construction File. In all instances, you must prove "Due
diligence" - that you did your best to prove your product was safe.

> Given that this is a backdatedc fine from 4 years ago, and behringer have
> continued to sell stuff in US for this time, I somehow doubt that $1million
> will cause them any real 'pain'..

Rest assured, it will cause them *real* pain. They're a small manufacturer.
You can check their turnover from their annual accounts which should be
on-line. Rest assured. $1M will hurt them.
 
> in europe *ALL* products (including cudley toys) must have CE approval
> before being able to be sold.

Nope. That's wrong. See above.

> I've been told that many people don't bother testing for FCC, because the
> regulations are less rigid than CE approval, and they say "if you have CE
> approval, FCC is just a matter of filling in a form".

Nope. If in doubt, check with a consultant. They can advise about product
testing and compliance.

David

-- 
Infection Music Limited.                     http://www.infectionmusic.co.uk

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