New Lead Laws Affect Children’s Jewelry

[Russ Nobbs]

New Lead Laws Affect Children’s Jewelry

The issue of lead in jewelry remains in the headlines. The already-existing California jewelry-making materials classification system Jewelry Safety Page might look complicated at first glance, but it actually makes it easy to know if you can safely use a given component in your jewelry creations.  If a component in our online store is marked Class 1, Class 2 or Class 3, the answer is "yes, you can use this item in adult retail jewelry according to the strictest U.S. standard currently in force  (the California law)."

While California remains the only state to enact laws regarding adult jewelry, it is no longer alone in enacting regulations on children’s jewelry. At the same time it passed its adult jewelry-making law, California also passed a second, stricter set of rules for children’s jewelry, roughly based on the same classification system. See California’s “Lead in Jewelry” web pages Lead in Jewelry for more information.

On May 13, 2008, Maryland joined California in passing legislation to regulate children’s jewelry. More specifically, the state passed three bills to protect children from exposure to lead, one of which affects the jewelry industry. The Lead-Containing Children's Products Prohibition mandates that any consumable products marketed to children, or other products that might be used by children under the age of six, contain lead in no amount greater than 0.06% by weight.  This bill regulates accessories, jewelry, clothing, decorative objects, furniture, lunch boxes, eating utensils and toys.  It requires independent, third-party testing and mandates certification. For more information, see Maryland’s House Bill 62 web page [Maryland HB0062.] The two other Maryland bills are the Lead Poisoning Prevention Act of 2008 and the Lead Risk Reduction Acquisition of Property Compliance Requirements. These both relate to homeowners, landlords and tenants, and do not directly affect the jewelry industry.

Massachusetts recently passed an even stricter law that was intended to go into effect June 13, 2008, but due to difficulties it will cause retailers of all sizes, implementation of the new law has been delayed until October 17, 2008. Like Maryland, Massachusetts will require that children’s jewelry contain no more than 0.06% lead by weight. However, the Massachusetts law defines a child as anyone under 14 years of age (much older than Maryland’s “under age six” or California’s “under age seven”). The Massachusetts law furthermore requires a lead-leaching test, which the California and Maryland laws do not require. Find out more on Massachusetts’ Health & Human Services’ “Lead in Jewelry” web page [MA Lead Law].

In addition, Maine’s state legislature recently passed a bill to use state funds to test the lead content of children’s products currently on the market. And, Washington state recently passed a bill that will set limits on lead content for children’s jewelry starting in July, 2009, with “children” being defined as those under 12 years of age.

We’re sure other states are also taking a serious look at the issue. With each state creating different definitions of children and different rules about acceptable levels of lead content, some of you might be wondering what the federal government has to say about all this! Bills are under consideration in the Federal House and Senate on the topic. The House version (HB4040) was passed in 2007. Senate Bill S.2045 is called the CPSC Reform Act of 2008 was passed in March of 2008. There are some differences between the 2 bills that are expected to be worked out in committee allowing a final bill to go for President Bush's signature this summer.

Since none of Rings & Things’ components are intended for the creation of children's jewelry, we have no immediate plans to implement additional classifications of our products. Generally speaking, precious-metal components and components certified as “lead free” should comply with 0.06% lead by weight restrictions. Remember that even if you don’t live in Maryland or Massachusetts, you will still need to follow these new laws if you sell children’s jewelry online or at arts & crafts shows in either state. Wherever you live, and whatever types of jewelry you make, keep creating confidently and safely!

Thanks to Rings & Things staff for researching the various laws. We will update this issue as we learn about other states or the final version of the federal law.

We welcome comments or questions about the lead issue. We don't claim to understand every facet but we've spent a lot of time and resources trying to help our customers comply with the new laws.

[Luann Udell]

Wow!  Russ, thank you for compiling such a thorough explanation of the issues and regulations surrounding lead in jewelry components.

It sounds like near the end of your essay, if we use only precious metal components (sterling silver), we don't have to worry about the lead issue...?

And what about gold-filled?  I don't use much of it anymore (though it was a nice, cost-effective alternative to gold).

Luann

[Russ Nobbs]

You are very welcome! We think it is an important contribution.

You are right about precious metal not being a problem. Sterling is class 1 and usable in adult jewelry with no issues. (Kids, too but we are sidestepping that issue by saying that our components are not intended for children's jewelry.)

Gold Filled is not well understood and was omitted from the CA rules. We contacted them, explained what it was and they said it could be included under Class 2 acceptable materials because it has negligible (if any) lead content in the brass layer.

http://www.rings-things.com/jewelry-safety.html shows the CA classes.

As other laws come into play we'll update this thread.

[Luann Udell]

Russ, I wonder if an essay like this could be submitted to online venues like about.com, etc.  It's such a public-service piece, and could also generate some publicity for R&T.

I'm not too savvy about those sites, though I come across them in Google searches from time to time, but someone on your staff might know more....??

Luann

[Russ Nobbs]

You are right, again, Luann, I probably should post a version of this in all the on line forums. I've already posted info on the California Lead Law in the 3 Bead and Button forums and added to the thread with a link back to this post.

After the dust settles around here from the WA State tax law changes and installing our new on line store. I'll get right on to doing my job...

[daverobertson]

Actually, I've "dugg" this post on Digg.com.    I agree that it's a knowledgeable summary of current issues relating to lead content in jewelry.  

--Dave

[Russ Nobbs]

TierraCast has added to their lead information page.

http://www.tierracast.com/safety.php
It has links to recent laws in the various US states, in Europe and to other standards.

The TierraCast pages and the Rings & Things summary at http://www.rings-things.com/jewelry-safety.html have some of the best information on the web on the lead in jewelry and lead safety issues.

[Luann Udell]

I thought about this when I read your update today.  It's impressive that in our industry, we have businesses like this being proactive and transparent with how their products comply with safety regulations.  They don't wait for the government to MAKE them tell us.  Kudos, Russ!  And good on you.

[lisa-n-2boys]

Russ - as a small business owner that sells products to both adults and children/babies I'm totally confused and frustrated by the new law taking effect 2/10/09.

Can you post any updates that you may find helpful?

As a business owner is it suitable for me to post some notice indicating "This product is not intended for use by children aged 12 and under"

Any add'l help would be greatly appreciated.

Lisa

[lisa-n-2boys]

I don't think my previous post worked so I'm trying again....

As a small business owner that sells beaded bracelets to adults and children the new law that takes effect 2/10/09 has me scatching my head and panicking.

Am I understanding the law correctly that EACH component must be independently tested, ie for a standard beaded bracelet I would have to pay to have a 3rd party testing done for the following:

Beading wire
Clasp
steringling silver beads
letter beads
crimps
charms, etc???

I'm planning on removing Swarovki crystals as a component for any of my children's bracelets.  (btw, I'm having difficulties finding anything that I like that is comprable, any recommendations?  I need them in birthstone colors).

Can you post any updates that you think might be helpful.  

Would I be covering my company by posting something along the lines of....."This product is not intended for use by children aged 12 and under" and  having the customer "check/agree" to this?

Any help would be greatly appreciated.

Thanks.

Lisa

[Luann Udell]

Here is a lively discussion about the new regulation, as it will impact all makers of children's items:

The Switchboards forum discussion on lead regulation

Does anyone have any more information on how this will play out?

[Luann Udell]

Okay, what are the green apples for underneath my avatar???

[Todd]

(Luann Udell @ Jan. 14 2009,06:46)

QUOTE

Okay, what are the green apples for underneath my avatar???

That is just your group level. Nothing special really. '>

I wanna say "How do you like them apples?" but can't figure out a way to fit it in.

[Polly]

If you know that an item you use, fits in a certain California "class" (which means that it did not fail to fit into any of their classes!), then the item should be safe to use: For us to place items into these classes, either the manufacturer has tested it, or we have tested it.

However, our "lead in jewelry" classification page only lists the classes and acceptibility for ADULT jewelry.  In California, there is another set of similar standards for children's jewelry. Some of the classifications are identical, others are stricter. At this point in time, it is simpler to not make children's jewelry at all, and so at this point in time, due to the complexity and fast-changing pace of the rules, we are not recommending our components for children's jewelry at all.

But I realize that "don't make children's jewelry" isn't a good option for everyone! So I will attempt to direct you to some information that can be of help. California has some great information on their web site, but I admit that there are soooo many details, that it is not quick or easy to find what you're looking for, or fully understand it without a lot of hard studying!

Your concern about Swarovski jewelry, however, is answered on one of the California pages:

QUOTE

Q. Is leaded crystal, such as Swarovksi crystal, allowed in jewelry? What are the requirements for using leaded crystal in children’s jewelry?  
A.  Glass and crystal decorative components used in adult jewelry are considered Class 1 materials.  There are no lead limits for Class 1 materials used for adult jewelry. Therefore, the use of leaded crystal, including Swarovski crystal, may be used in adult jewelry.
The use of crystal or glass decorative components in children’s jewelry is limited to a total of 1 gram. However, the law specifies that glass or crystal decorative components that contain less than 0.02% (200 ppm) lead by weight and have no intentionally added lead are not part of the 1 gram calculation. In other words, the use of Swarovski crystal (or any other crystal 0.02% (200 ppm) or higher in lead) in children's jewelry is limited to 1 gram total. Crystal or glass components containing less than 0.02% (200 ppm) lead by weight with no intentionally added lead may be used in children's jewelry without any weight limitations.

 
So ... to use Swarovski leaded-glass crystal in children's jewelry, you would need a jewelry scale that very accurately measures in grams.  (Or use regular glass, in gemstone colors: Garnet, Amethyst, Aquamarine, etc.  But they aren't as sparkly ... Swarovski's famous sparkle is a combination of the lead added to their glass, plus their high-quality facetting.)

If there is a particular item that you need to know more about, try looking it up in our online store, see which class it is, click the Lead Class link, and then read the details in the part of the grid that matches the class.  Many of the items say what acceptable lead level puts them into that class, which will tell you a lot once you've made sure you know what ppm is acceptable as of such & such date, for such & such type of jewelry.  '>

It's my understanding that the first stage of the new federal law that goes into effect February 10, 2009 basically mirrors Californian's lead-containing jewelry law with an upper limit of 600 ppm (parts per million) lead.  Then, starting in August 2009 the allowable amount of lead drops to 300 ppm.  And in August 2011 it drops further to 100 ppm if the US government determines this level to be feasible.

Check out the ppm details in the Class 2 part of our grid, and this will make a little more sense.

[Russ Nobbs]

Your previous post worked, Lisa, we've been overwhelmed with snow and not paying attention to our forum. See Spokane Snow

You are right that YOU need to test the products you manufacture. Our classing them does not suffice. I am not positive if the whole item is destructively tested or if each component must be individually tested. That's in the fine print somewhere. You may be able to find it at  http://www.fashion-incubator.com/archive/cpsia-requirements/The testing we have done crushes the entire item and tests the residue.

California rules allowed 1 gram of Swarovski or other lead content glass in a child's jewelry item. I have not seen any thing specific to lead glass beads in the CSPC rules.

You are probably somewhat covered if your tags specify that this product is not intended for children 12 and under. That disclaimer might not fly on a product that is only used by a child like a pacifier, diaper cover, or child size rosary.

Here is a list of links, forums, commentary and a petition about the new rules:

http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML
http://www.cpsc.gov/ABOUT/Cpsia/legislation.html
http://www.cpsc.gov/library/foia/advisory/322.pdf
http://www.handmadetoyalliance.org/
http://nationalbankruptcyday.com/
http://www.fashion-incubator.com/
http://www.apparelandfootwear.org/
http://cpsia-central.ning.com/
Millions of homecrafters face bankruptcy after Jan 20: http://www.digitaljournal.com/article/264507

And another link listing specific requirements:
http://www.fashion-incubator.com/archive/cpsia-requirements/

http://www.cpsc.gov/about/cpsia/summaries/102brief.html

Are used or vintage childrens' goods included? According to CPSC spokeswoman Julie Vallese it is not well defined in the new law. http://www.wbaltv.com/video/18479590/index.html

Sign the petition: "CPSIA Impacts on Children's Apparel Industry"
http://www.ipetitions.com/petition/economicimpactsofCPSIA?e

Threads about the CPSC law

Etsy: http://www.etsy.com/forums_thread.php?thread_id=5935591
Starving Artists: http://www.starvingjewelryartists.com/index.php?showtopic=11942
Fasyhion-Incubator CPSIA & Consumer Safety: http://fashion-incubator.com/phpbb/viewforum.php?f=32
The Switchboards: http://www.theswitchboards.com/forum/index.php?showtopic=29823&hl=

The CSPC states in the documents that all untested children's products are not legal and are considered "contraband" as of Feb 10. They are not to be sold after that date and that date is retroactive.

Here is a quote from the Certificates of Compliance http://www.cpsc.gov/businfo/frnotices/fr09/certification.html

"The Commission is also designating the domestic manufacturer as the sole entity that must issue the certificate required by section 14(a) in the case of a domestically produced product. This certificate must be available to the Commission upon request before the product or shipment is introduced into domestic commerce."

Current stock of children's goods are not protected or grandfathered. Like new products, existing stock must be tested and certified that it meets lead standards.
According to http://www.cpsc.gov/library/foia/advisory/320.pdf
existing children's products that do not meet the new lead limits will be treated as "banned hazardous substance" under the Federal Hazardous Substances Act as o Feb 10, 2009. The law makes it unlawful "to sell, offer for sale, manufacture for sale, distribute in commerce, or import into the United States" any banned hazardous substance.

This is a complex subject. I hope I've helped a little.