Actually, a correction, if I'm reading the Act correctly - the loophole is gone already.

The requirement went into force 3 years after *enactment* for machines in use before January 1, 2005.

The law was enacted in December 2003 - those three years went out a year ago.
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"Nature has constituted utility to man the standard and test of virtue. Men living in different countries, under different circumstances, different habits and regimens, may have different utilities; the same act, therefore, may be useful and consequently virtuous in one country which is injurious and vicious in another differently circumstanced" - Thomas Jefferson, moral relativist