I guess I'm stupid, because I found her answer was confusing on resellers.
She said Mommy bloggers and others were spreading misinformation so it was important to get the facts out in a clear and concise manner. So the reporter said, 'So what do second hand shops need to do?
And she said: "What second shops need to do and understand in term of their responsibility is they need to meet the law. The law does apply to them. How they meet the law is not defined in the legislation."
How, exactly, can we be clear and concise about something that is undefined? We have to meet the law, but nobody can tell us how? She goes on :
"Resellers of children's products need to have a certain level of confidence that their products meet the law, if they have a level of confidence that their product does not violate meet the lead limits, then they can sell those products. The intention, as we understand it, is not that they have to close their doors on February 10th."
So the reporter, reasonably, asks her if there is a lead level limit they have to meet? Should they test everything?
Julie says yes, there are limits they must meet by law- a Lead level limit of 600 parts per million total lead that needs to be met (she does not say that's just from February 10th through August, and in August it goes down to 300). Then she says:
" How a shop owner comes to their level of confidence is not defined in the legislation. They simply need to make a business decision at a level of confidence that the products they are selling meets the law. There is, there are any numbers of ways a consignment store owner may be able to meet that level of confidence. It's not defined in the legislation but there are a number of ways they could do it."
The reporter seems to me to be kind of surprised, and asks, What would you suggest?
Julie says they can use the look-see test, as the Commission has determined that resellers have special super-hero powers being able to spot lead levels in an item with their eyes.
Okay, I made that part up. But she did say:
They can look at it and make an informed decision, call the manufacturer and ask, or they could test using, at a bare minimum, xrf technology, there are a variety of different ways but they should use their best judgement on how they reach that level of confidence.
THAT was clear and concise?
The reporter asks if they can use inexpensive lead test kits that are readily available. Julie doesn't like that. The law does not define how resellers come to that legal term 'level of confidence,' but apparently this is not one of those ways.
"The CPSC does not believe lead test kits are accurate, they were designed for house paints and even then it's pretty questionable."
So they have to meet your standards, the reporter asks.
No, they don't, she says, but there is screening technology that could be used. The CPSC uses xrf technology as a screening tool, not a definitive measure... but a consignment owner could use it to provide that level of confidence.
Clear, concise. Got it.
