Tonight I managed to get around to looking at the raw footage of CPSC spokesperson Vallese’s interview with KBAL (Baltimore) regarding the CPSIA.
The reporter did a nice job of trying to pin her down on specific issues. It was a shame that the interview ended without a discussion of component testing or homemade products for kids.
The whole interview was more or less about the impact on thrift stores.
A few quotes stuck out in the seven minute video.
“That law is not defined”
The reporter asked Vallese how thrift stores like Goodwill and Salvation Army are supposed to deal with the CPSIA. Vallese replied that testing is not required by thrift stores and resellers, but that¬† “there is a lead level limit of 600ppm that has to be met”.
When pressed on how a thrift store is supposed to figure out what to do (in the face of that apparent contradiction), her comment was “that law is not defined”.
I felt it was too bad that the reporter didn’t ask her “How do you enforce a law that is not defined?”, but she did continue down a parallel trail, pressing the CPSC spokesperson for a usable strategy for thrift store businesses.
“a level of confidence”
At that point, Vallese indicated that the business owner needed to arrive at a “level of confidence” regarding the lead content of the products they are selling. The reporter clearly wasn’t satisfied with a partial reply and repeated the question a bit differently.
Vallese replied “they simply need to make a business decision at a level of confidence that the products that they are selling meet the law.”
When asked how they could determine if items met the law, the reporter pressed on, asking what Vallese would suggest to arrive at an acceptable “level of confidence”.
Vallese’s response offered three alternatives:
“they can look at it and make an informed decision”, “they can call the manufacturer”, or “they can test”.
Gee, that’s pretty helpful. I’m no lawyer, but I’m guessing that isn’t something I want in my arsenal when I go to court:
“Well, I looked at it and made an informed decision. I tried to reach the manufacturer of this 9 year old item (who was in the Philippines) but they didn’t reply. I didn’t have $38,000 for a XRF scanner and I can’t afford to send every piece in my store to Jennifer, so Vallese’s ‘informed decision’ was the only option I had left. Have mercy on me, your honor!“
“screening but not a deciding measure”
That opened up the discussion of testing (again, a shame that the issue of the cost of testing did not come up).
When the reporter asked about testing technology, Vallese indicated that the suggested screening technology is XRF.
When pressed about how the CPSC uses XRF, Vallese indicated: “We use XRF technology as a screening tool but not a deciding
Wasn’t that useful? You can use it, but we don’t make decisions based on it.
“mommy bloggers spreading misinformation”
Oh yeah, there was also that “mommy bloggers spreading misinformation” comment.
<Captain Kirk voice>Must. Use. Restraint.</>
As I noted a few days ago: Motrin and many others have learned this lesson the hard way. They could have avoided all that simply by asking the nearest married man.
Husbands like myself already know the “DONT TICK OFF THE MOMS” rule. Not only has the CPSC torqued the so-called mommy bloggers AND the moms and others who own businesses affected by the CPSIA, but they’ve called them out by specifically insulting them.
I think there must be a tad too much lead in the paint in the CPSC offices. Maybe that’s why Vallese resigned.