Important legislation moving along in CA/ Update from CA on the sales tax issue/ Neutral Evaluation Procedure off Beta.

Hello All
1) There is dramatic legislation moving along in CA that can impact the relationship with how Amazon treats 3P Sellers. Read it in full here. Among the highlights:
A. Amazon will need to explain with more details why a seller is suspended.
B. Liability insurance would be required by the 3P seller (enforced by Amazon).
C. Clearer guidelines for when Amazon can withhold funds from sellers. (The language originally was supposed to forbid Amazon holding the funds >90 days but it was watered down for some reason)
D. TOS needs to be drafted in plain and intelligible language.

2)There was a major update from CA on the sales tax issue:
“Relief May Be Available to Marketplace Sellers Using Fulfillment Centers in California. If you are an out-of-state retailer (marketplace seller) that is or was “engaged in business” in California solely because you used a marketplace facilitator to facilitate sales of your merchandise for delivery in this state, and the marketplace facilitator stored your inventory in California, you may be a “qualifying retailer” and entitled to reduced liability for certain taxes, penalties, and interest. ……. click here “. 

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4) Rare and more details: “We cannot accept liquidation documents as an invoice unless they are itemized. To reactivate your account, please send the following information: Copies of additional invoices or receipts from your supplier issued in the last 365
days for the ASINs listed at the bottom of this email: –These documents should reflect your sales volume during the last 365 days.

5) Error when creating listings: “We have temporarily removed your ability to submit listings (creating new offers or new ASINs) because an unusually high number of listings have been created from your account. Please refer to the ASIN Creation Policy page. 

6) Sellers (in Europe) are being asked for additional information when trying to change the company registered in the account. “Please respond to this message and provide the information listed below so that we can review your request.
A. The reason for the modification of the company registered in your Sale account on Amazon.
B. The relationship between your current company and the new company you wish to register.
C. The name, including the legal form, of the new company that it wishes to register….

7) Neutral Evaluation Procedure (no longer in Beta): “We received a report from a patent owner that believes the items listed at the end of this email infringe their patent: XXX… You can choose to participate in a neutral evaluation of the patent owner’s claim. Amazon’s neutral evaluation procedure is described in the attached document titled “Amazon Utility Patent Neutral Evaluation Procedure.”

8)  Many listings got flagged for using the word “organic”. “Please review your organic product listings to ensure they are accurate. …If your product is certified by an accredited certifying agent and complies with the USDA organic regulations, please update your detail page to say “certified organic by X,” with X replaced with the name of the accredited certifying agent who reviewed and approved the product’s labeling and organic claims….It is against Amazon policy to sell products that make organic claims without proper certification.” (HT AW)
Good Shabbos – Ed Rosenberg – ASGTG – The Voice of the Seller