News Letter 2006 07

M. A. SMITH

A PROFESSIONAL LAW CORPORATION

MASAPLC.COM

Michael A. Smith, Attorney at Law

319 E. Foothill Blvd., #C Voice - (626) 357-1177

Arcadia, CA 91006 Facsimile - (626) 357-4588

July 2006 No. 14

Eventually, those of us over 40 find ourselves saying, I can’t read it without my glasses. It begins with something looking a bit “blurry,” or not being able to read the “fine print.” Generally, we accept it as a natural part of aging.

The need for reading glasses is caused by a condition called presbyopia. A lens in the eye, the crystalline lens, continually changes shape allowing the eye to focus. As the cells in our bodies die, they are carried away by the bloodstream, are sloughed off in the skin or cut off in the hair; they are disposed of and replaced by new cells. Within the eye, some cells are sloughed off, but most of the old cells have nowhere to go. The crystalline lens is enclosed in a capsule so the old cells are not sloughed off, they stay within the capsule, and as we age, the capsule gets fuller. By the time we reach our 40s the lens can be so “crowded” it simply cannot flex enough for close reading. Hence the need for reading glasses. Bottom Line

If you or someone you know has food allergies, you know they can be very serious. Eleven million Americans suffer with food allergies and must be on constant alert for “hidden” ingredients in food. Labels can be confusing; using obscure terms for ingredients such as milk and eggs, their by-products and derivatives.

The Food Allergen Labeling and Consumer Protection Act (FALCPA), effective January 01, 2006, requires all food manufacturers to clearly state the presence of any of the eight major allergens: Milk, Eggs, Peanuts, Tree nuts, Shellfish, Fish, Soy and Wheat. There are more but these account for more than 90 percent of allergic food reactions.

Manufacturers are now required to list ingredient information so the “average consumer” is able to easily understand the contents in any product. For example, if a product contains the dairy protein casein, the label must now say milk, not just casein. Eggs must be identified as eggs, not merely albumin.

Now, under FALCPA, labels must also include information on even trace amounts of allergens. Food sensitivities vary widely and severe allergy suffers can experience life-threatening anaphylaxis from even a minute amount of food allergens.

Reading food labels is time consuming and troublesome, but for people with food allergies, it is a way of life and well worth the effort. Strict avoidance is the only way to steer clear of allergic reactions that range from a mild tingling sensation to a raging case of hives to potentially fatal anaphylaxis. Having easy-to-understand labels will make the process much easier and could mean the difference between life and death for some. Bottom Line

People accidentally overdose on acetaminophen by taking a variety of medications containing the substance. Until now ER doctors have not had the one piece of information that could lead to immediate and effective treatment for patients.

A test designed to reveal acetaminophen overdose, gives ER doctors a new tool to help save lives. The test examines blood samples for traces of chemical byproducts produced by toxic levels of the drug.

Before taking any medication, over the counter or prescribed, carefully read the label. Also, keep track of how much acetaminophen and-or ibuprofen you take in any 24-hour period. Taking too much may cause acute liver failure and even death. Thanks Ivy M.

If you purchase merchandise outside the state or country, you may owe California use tax. The tax is intended to protect merchants who would, otherwise, be at a competitive disadvantage when “outside” vendors make sales to California customers without taxing their purchase.

California’s so called “voluntary” disclosure program requires consumers to report purchases of tangible merchandise from retailers outside the state that will be used, consumed, given away or stored within California. The In-state Voluntary Disclosure Program allows people not otherwise required to hold a seller’s permit to report and pay use tax with a three-year statute of limitations. Passage of Assembly Bill 671 amended § 6487.06 and extend the program.

2. Medications prescribed by licensed physicians, pharmaceutical manufacturers, pharmacists or a health facility.

3. An item you do not use in California but ship to a location outside the state for exclusive use there.

If you purchase goods outside the state or country and want to know about possible tax liabilities, call our office for an appointment. State Board of Equalization

With an estimated 5.5 million residents age 60 or older, California is the most senior-populated state in the country; and growing. So, too, are the many laws related to seniors and the many programs geared toward their needs.

First printed in 2003, Seniors and the Law is a comprehensive guide aimed at helping seniors and their grown children make sense of a wide range of law-related issues and rights affecting CA’s seniors in their day-to-day lives.

Request your free copy of Seniors and the Law by calling the State Bar of California at (888) 875-5297. California Bar Journal

Orkin, features a new training tool: an interactive satellite television network linking 8,000 employees across the country to a virtual classroom. The new system helps save money by eliminating training-related travel costs. The system uses on-demand video and other technologies to enable employees to access past training programs via the computer as well as communicate with instructors in real time. Thanks Fred C.

Leade Health of Ann Arbor, MI, says in a new study, employee obesity is the number one cause of productivity loss. It accounts for 43 percent of U.S. health care spending, with medical costs for obese workers 77 percent higher than those for employees of lesser weight. Sedentary jobs is cited as a significant contributing factor. The study also notes, seven percent of obese workers have some type of “limitation,” compared with three percent for other employees. Thanks Fred C.

Most organizations lack mechanisms for measuring employee performance in team projects, according to Business Improvement Architects, a Toronto based management consulting firm. Based on research gathered from more than 750 organizations around the world, its study found, 68 percent of organizations have no formal process for evaluating individual performance on team projects. It also mentions potential morale and retention problems that arise from requiring employees to work on projects, yet ignoring those contributions during individual performance reviews. Thanks Fred C.

●Receiving notice on your PDA of an elderly relative who did not get out of bed.

●Remotely disarming the security system at your vacation home and monitoring the arrival and departure of the cleaning crew.

●Remotely monitoring the exact time employees arrive and leave work, or viewing an on-line report indicating the store areas getting the most traffic during business hours.

All these services and more are available with Alarm.com from Post Alarm. For more information call (626) 446-7159. Keeping you Posted, Post Alarm Systems

Andy Roony, CBS Newsman, suggested the following tips on dealing with annoying telemarketing calls.

Telemarketers: While saying, “Hold on please,” put down the phone and walk off (instead of hanging-up). This should make every telemarketing call so much more time-consuming that boiler room sales grind to a halt.

When you hear the phone company’s “beeping” tone, you know the unwanted caller has hung up. Your task is accomplished.

Computer Calls: This technique has a machine call and record the time of day when a person answers the phone. It is used to determine the best time for a “real” sales person to call and get someone at home.

After answering, if there no one responds, immediately start hitting the # button on your phone, 6 or 7 times, as quickly as possible. This confuses the machine that dialed the call and it kicks your number out of their system.

Junk Mail: When you get “ads” enclosed with your phone, utility or other bills, return the “ads” with your payment. Let companies throw out their own junk mail.

When you receive a “pre-approved” application or application, hold onto the postage-prepaid return envelope. Most of these envelopes cost the sender more than the regular 39 cents postage “IF” and when they receive them back. It costs them nothing if you throw them away.

The postage was around 50 cents before the last increase and it goes up according to the weight. In this case, why not get rid of some of your other junk mail by putting it in these cool little, postage-paid return envelopes. For example:

Send a chimney sweep ad to American Express; a pizza coupon to Citibank, etc. If you did not receive anything else that day, simply return the blank application back to them. A blank sheet of paper works nicely, too. You can even send the empty envelope just to keep them guessing! It will costs them for the postage. NOTE: Want to remain anonymous, be sure to remove your name from anything you send them.

Banks and credit card companies are getting a lot of their own junk mail back, but we need to OVERWHELM them; let them know how it feels to get a lot of unwanted junk mail. The best part is they pay the postage...twice!

The Post Office says e-mail has cut into their business profits, so let’s all do our part to keep them busy by returning those unwanted ads and applications. Thanks ?

People who created living trusts sought to avoid paying death taxes, probate and administrative fees; retaining the privacy of your estate administration; and seeking a shorter wait for beneficiaries to receive their endowment. Transferring title to your assets from you as an individual to you as trustee, is a crucial part of this plan. If you do not “fund” your trust, you will lose most of the benefits it provides. Don’t be caught short, fund your trust and protect your assets.