All I Want to Do Is Make Cookies
Most small businessmen have enough problems improving their product, marketing and meeting payroll. When Uncle Sam and his state and local cousins get involved, life and business invariably get harder. Common sense regulation benefits everyone. But there is a level of regulation that benefits no one — except bureaucrats. In this video, Joseph Semprevivo, founder and CEO of Joseph’s Lite Cookies, gives his not-so-sugar-coated account of how the government too often hinders much more than it helps.
How many hours a week does Mr. Semprevivo work each week?
40 hours60 hours80 hours100 hoursMr. Semprevivo’s profit margin on his cookies is ___________________.
1%2%3%4%Mr. Semprevivo has to sell a million dollars worth of cookies to make $10,000.
TrueFalseMr. Semprevivo’s business is under the jurisdiction of which government agency?
Food and Drug Administration (FDA)Department of AgricultureOccupational Safety and Health Administration (OHSA)all of the aboveWhen the inspector got out his magnifying glass and decided that the font was off by 1/100th of an inch on the package printing for the cookies, Mr. Semprevivo had to spend ________________________ to reprint and repackage the product.
$5,000$10,000$15,000$20,000
- Small businesses provide 60 million jobs in the U.S. They could provide even more if government officials would end excessive regulation.
According to a 2018 study by the Small Business Administration, the U.S. is home to more than 30 million small businesses, which employ nearly 60 million workers, or just under half (47.5%) of the U.S. workforce. Almost all (99.9%) U.S. companies are small businesses, and they generate about a third of all exports.
View sourceSmall business owners could pay their employees more, provide better services, and hire more people if they didn’t have to waste time and money with excessive regulations, which Americans for Tax Reform estimates costs the U.S. economy $2 trillion every year.
View source“The overwhelming majority of [small] businesses—95 percent—are considered ‘pass-through’ entities, which means their owners are taxed at the highest individual marginal tax rate,” writes small business owner Joseph Semprevivo. “…With state and local taxes included, the pass-through tax burden can reach 50 percent. When half of a small business's income goes to the government, very few resources are left over for business expansion and job creation.”
View sourceRelated reading: “Madness, Miracles, Millions” – Joseph Semprevivo and Larry Semprevivo
View source- While some government regulations are necessary, many are excessive—and excessive regulation kills business.
Excessive, unnecessary regulations soak up valuable hours of business owners’ time and money while providing no meaningful value or protections to customers. According to a 2017 study by the National Small Business Association, the average U.S. small business owner paid over $83,000 in regulatory costs just to stay compliant in the first year of operation.
View sourceThe same study found that a third of small business owners spend more than 80 hours a year working to meet regulatory requirements and about half say they’ve held off on new hires to do regulatory expenses.
View sourceThe less money an owner has to work with due to the expense of excessive regulation, the less capable that owner is of giving employees competitive salaries and employing more people.
View source- Excessive regulation forces business owners to devote significant resources to complying with multiple governments: federal, state and local.
For example, a bakery is simultaneously under the jurisdiction of the Food and Drug Administration (FDA), the Department of Agriculture, the Occupational Safety and Health Administration (OHSA), and the state health agency. Those agencies all have different rules—and some of those rules contradict each other.
View sourceHow overregulated are our industries? The FDA requires bakeries to send a sample of every product batch to a third-party lab for testing. If a bakery makes 40 batches of cookies in a day, the FDA requires that it devote time and money to sending 40 samples to a lab.
View sourceA 2017 study by the National Small Business Association found that two-thirds of small business owners describe federal regulations as “somewhat” or “very burdensome.”
View sourceRecent studies have estimated that excessive regulation pulls $2 trillion out of the U.S. economy annually.
View sourceRelated reading: “This 1 Move by the Trump Administration Is Boosting My Small Business” – Joseph Semprevivo, The Daily Signal
View source- The math is simple: the more taxes and regulations imposed on businesses, the fewer business startups. That means fewer jobs.
Increasing business regulation and taxation correlates with fewer business startups.
View sourceLargely due to overly burdensome regulations, startup activity is below historically normal levels.
View sourceManufacturing businesses with fewer than 50 employees pay 17% more per employee to conform to regulation than the average firm.
View sourceWATCH: “How Regulation Hurts Small Business”
View source- Recent government taxation and regulation have disproportionately hurt small businesses, preventing them from creating much-needed jobs.
From 2015 to 2016, the number of pages in the Federal Register related to final rules rose 56.5 percent — increasing from 24,694 pages to 38,652.
View sourceDespite promises that Obamacare would help small businesses and significantly increase job creation by the self-employed, startup activity is still below historically normal levels.
View sourceManufacturing businesses with fewer than 50 employees pay 17% more per employee to conform to regulation than the average firm.
View sourceWATCH: Small business owner Dean Mixon on how regulation harms his business.
View source- Small businesses simply can’t afford to comply with heavy regulation and lobby to get favorable legislation like large corporations can.
Small manufacturing firms face regulatory compliance costs that are 10 times higher on a per-employee basis than those faced by large firms.
View sourceSmall businesses must spend time and money complying with regulation, not fighting it. Big businesses and trade associations spent over $716 million on lobbying in 2016.
View sourceLarge companies often support regulation for the strain it places on smaller competitors.
View sourceExamples include Enron supporting strict environmental protocols, and General Motors supporting clean air initiatives that boosted their profits.
View sourceGovernment programs like the Export Import bank benefit multinational companies the most and often directly harm small businesses. Multinationals such as Boeing, GE, and Caterpillar received 75 percent of Ex-Im funding in 2013.
View source- Small businesses accounted for almost two-thirds of the net new jobs created in the U.S. between 1993 and 2013.
U.S. small businesses accounted for almost two-thirds of the net new jobs created between 1993 and 2013.
View sourceAmerica is home to more than 28 million small businesses that employ nearly 57 million workers.
View source- Overly burdensome regulation and taxation doesn’t only hurt small business owners—employees are negatively affected as well.
Even if small companies are exempt from some labor regulation, they can become barriers to hiring as the company attempts to grow.
View sourcePresident Obama enacted a regulation giving workers more overtime. But even proponents of the rule admit that employers would offset overtime pay with base wage rates, resulting in no change. This would also make employees less flexible, requiring them to log their hours and removing control over when they work.
View sourceWATCH: Hector Barreto on the burden of overtime regulations.
View source- Small businesses often outpace large companies when it comes to innovation. Overtaxing small businesses hurts us all.
A study by the Small Business Administration found that during 2007-2009, small businesses produced 15 times more patents per employee when compared to large businesses.
View sourceAlthough small businesses lack the market power of large companies, they make up for this with flexibility and speed of development, allowing them to innovate quickly.
View source- In 1936, the US Federal Register had 2,620 pages of rules & regs. By 2012, it had 78,961 pages. That’s big government in a nutshell.
The number of federal rules and regulations has massively expanded over the last century, jumping from under 3,000 pages in the 1930s to over 70,000 pages by the early 2000s.
View sourceAs the government grows, so do regulations and taxes, which chip away at people’s private property rights and their ability to keep the money they earn.
View sourceAs government increases, liberty decreases – as the 20th century demonstrated in dramatic and tragic fashion.
View source
I own a small business with seven employees. We make cookies—but not just any cookies. We make sugar-free cookies that diabetics can eat. Actually, they’re so tasty, anyone can enjoy them. That was the inspiration that motivated me to start this business.
You see, I am a diabetic myself. I have been one my whole life.
If you think running a cookie company is fun and games, think again. I work a hundred hours a week—which isn’t unusual for small business owners. I make a nice living, but I’m not in it for the money. I love what I do.
I’d better. My margins are very tight—around 1%. That means I have to sell a million dollars’ worth of cookies to make $10,000. Every penny counts—literally. That’s why I get so frustrated with government regulations.
Now, let me be clear: some regulations are necessary—especially, for obvious reasons, in the food industry. But “necessary” and “excessive” are two entirely different things. Excessive, UN-necessary regulations soak up valuable hours of my time and my money for no good purpose.
That 100 hours I work per week? I estimate 36 of them are spent on compliance issues alone. This keeps me away from activities that would help me grow my business—like sales and product development.
And that keeps me away from hiring more people.
My employees are like family to me. It’s that way with most small businesses. But it’s a struggle every single day.
I could be more productive and feel a lot less anxiety if I didn’t have to fight my own government; or, should I say, governments—federal, state and local. I get the roads and the bridges and the national defense, but I don’t get why they have to be involved in every tiny aspect of my business, sometimes competing with each other as to who can make my life more difficult.
For example, as a bakery, I’m under the jurisdiction of the Food and Drug Administration (FDA), the Department of Agriculture, and the Occupational Safety and Health Administration (OSHA). I also have to deal with the state health agency.
They all have different rules. If these rules contradict one another, it’s not their problem; it’s mine.
A few years ago, the FDA inspector showed up for one of his random inspections. He noticed the door to the area in which we bake our cookies swung out as you walked in. He told me that was a code violation. The doors have to swing in. I had 30 days to fix it or I’d be fined thousands of dollars.
I should note we have an air curtain between both rooms so no food particles can get in or out of the baking area. I pointed this out. The inspector was unmoved.
A few months later, the inspector from the Ag Department shows up for one of his random inspections. He notices that the door swings in. Yes, I tell him. It does. It’s an FDA regulation.
No, he tells me, it has to swing out. Fix it within 30 days, he says, or you’ll be fined
I started keeping two sets of doors: one that swings in for the FDA, and one that swings out for the Ag Department.
Here’s another example:
The FDA requires bakeries to send a sample of every product batch to a 3rd-party lab for testing. We make 36 batches a day. That means we have to send 36 bags of cookies every day to that lab. This costs me tens of thousands of dollars every year. And remember, in order to make 10,000 dollars, I have to sell a million dollars in cookies.
We’ve never had a bad test. Hardly surprising. Making cookies isn’t that complex. The ingredients are well-known and safe.
I’m all for testing, but how about one bag out of every ten batches? That alone might double my profit margin to 2%!
One more example:
The government demands that the type on my packaging be a certain size. Fine. I hired a company that does this sort of work to do the printing. The inspector gets out his magnifying glass and decides the font is off by 1/100th of an inch. All the packaging has to be trashed and a whole new set ordered. That cost me $15,000. Or 1.5 million dollars in cookies to make that money back.
Another time, we didn’t include the word “coconut” in the allergy section of the package. We didn’t think it was necessary, as these were coconut cookies. All that packaging had to be redone, too. That cost me $68,000. Or 6.8 million dollars’ worth of cookies to make that money back.
I could go on. So could anyone who owns a small business, but you get the idea.
Small businesses are responsible for 60 million jobs. We could be responsible for a lot more—if the politicians who pass these laws and the bureaucrats who enforce them would back off.
Common sense regulation—I’m all for it.
Excessive, unnecessary, wasteful regulation? I need to get back to work.
I’m Joseph Semprevivo, president of Joseph’s Lite Cookies, for Prager University.
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