New Lead Laws Affect Children’s Jewelry

[Russ Nobbs]

In December 2009 there were some substantial changes in the way the CPSIA will affect crafters.

1) The mandatory testing is again postponed for another year. It is now set to go into effect Feb 10, 2011.

2) Some of the  CPSC commissioners are arguing for reform of the law as it is currently written.

Here are some links that give a lot more details that I have room for here:


12/19/2009 sit, stay, http://nancynord.wordpress.com/2009/12/17/sit-stay/ Where Commissioner Nancy Nord says
"Last but not least, it is important to note that our action extending the stay for lead content comports to the Congressional direction recently given us to minimize the burdens imposed on small businesses especially with respect to the enforcement of the lead provisions of the CPSIA.  The entire commission is directed to come forward with suggested changes to make the CPSIA work better. Keeping the stay in place is in keeping with Congressional direction, and is keeping further unnecessary chaos from implementation of the CPSIA."

Her blog has other valuable insights into the chaos created by the CPSIA law.

http://online.wsj.com/article/SB10001424052748703478704574612573263963560.html

CPSIA - How Important is Testing After All? http://learningresourcesinc.blogspot.com/2009/12/cpsia-how-important-is-testing-after.html

http://www.mjsa.org/publications_and_information/mjsa_journal/lowering_lead

[Barbara]

wow, i never knew about this law,,,,makes me wonder if i should somehow input these classes on my jewelry beads also, how would we know if its safe or not?
the site is http://www.snazzycat.com
thanks for the info

[Russ Nobbs]

Under CPSIA rules children's jewelry must be tested by an outside lab as described in the posts in this thread.

At this time only California and Illinois have rules about lead levels for adult jewelery. Our class system answers the questions about our components based on California standards.

Are you making jewelry for children (younger than 13)  or for adults?

Edited to add the over looked Illinois law that is now in effect.

[Russ Nobbs]

Yesterday a report surfaced that some children's jewelry was contaminated with cadmium.

See http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/01/10/national/a112217S13.DTL for one report.
See http://news.yahoo.com/s/ap/20100111/ap_on_he_me/us_cadmium_jewelry  for one of the earliest  reports that showed up on the web.

Cadmium seems an odd choice to use for making cast items. True, it is not lead. The preferred choices for white metal castings are Tin and Zinc.
Tin and antimony are used for pewter. (Tierracast in the US uses the food safe  tin / antimony alloy called "Britannia Metal.") We've asked for our Chinese castings to be made from Zinc with no lead and no nickel content.

The relative prices for these metals makes Cadmium an odd choice to use for inexpensive castings as it is 10 times more expensive than lead or zinc. (I hear rumors of cadmium used to produce sterling silver that was below sterling standards. That adulteration makes sense from a cost standpoint for sterling silver but not for cheap white metal castings.)

Current market prices for these metals (in USD) are in these ranges:
Lead   1.17 a pound
Zinc  1.18 /lb
Tin    8.10 /lb
Cadmium 12.00 /lb

[Russ Nobbs]

We've started to get results from products tested for Cadmium. So far, very tiny trace amounts, in 3 out of 4 items, below the testing limits, less than 16 ppm (or 0.0016%) and one at 19 ppm or (0.0019%.)

Children's jewelry sellers in Illinois now have a new law to consider. According to a message from MJSA the new amendment to the Illinois Lead Poisoning Prevention Act went into effect Jan 1, 2010. Illinois lawmakers do not consider that their more restrictive law is preempted by the CPISA.

The release from the MJSA says the Illinois law requires a stiff warning label on children's jewelry that contains less than 300 parts per million (ppm) of lead content, as mandated by the CPSIA, but more than 40 ppm. The language of the warning would read: "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD." Thus, if a jewelry supplier wants to sell into Illinois without using the label, it needs to obtain a test affirming its products meet the 40 ppm limit.
 
To reassure skittish consumers of children's jewelry that their products are safe, Illinois retailers may even require precious metal jewelry suppliers to use lab testing to affirm their goods are under 40 ppm. That's despite the fact that such jewelry is exempt from CPSIA testing and certification, and for good reason: Precious metal jewelry cannot contain more than about 30 ppm of lead, otherwise manufacturers could encounter such problems as cracking in karat gold. Consequently, precious jewelry manufacturers are vigilant in avoiding lead contamination.

The full release is available from  MJSA.org.  You may be able to see it at http://bit.ly/7Abfh0

[Russ Nobbs]

I started this thread in June of 2008, not realizing that my own state of Washington was in the process of passing one of the strictest laws controlling lead and cadmium in children's products. The law is now in effect.

According to an April 2008 Seattle PI article the limits in Washington State are now:
* Limit total lead to 90 parts per million by July 1, 2009, 40 ppm by July 1, 2010, if achievable.
(Federal standards limit the lead in surface paint on toys to 600 ppm)
* Limit total cadmium to 40 ppm by July 1, 2009.
* Limit six specific phthalates to 1,000 ppm by July 1, 2009.
* Set limits that apply to children's toys; cosmetics and jewelry marketed to children under the age of 12; products used for teething babies; and car seats that are made or sold in Washington.

The Seattle PI article is still on line at http://www.seattlepi.com/local/357287_toys02.html

The original proposal was House Bill 2647. http://www.washingtonvotes.org/2008-HB-2647

The RCW (Revised Code of Washington) is http://apps.leg.wa.gov/RCW/default.aspx?cite=70.240

Unlike the CPSIA this law has some amount of "common sense" exemptions from the definition of "children's products" including batteries, chemistry sets, bicycles and tricycles, etc.

[Russ Nobbs]

We recently had a customer ask about making jewelry for young attendants at a wedding. She asked about clip on findings and Swarovski crystals in particular. I had to point out that under the CPSIA law those were illegal products for children.

On Rena Klingenberg's Jewelry Business Blog a question was posted about the CPSIA asking
Regarding CPSC children’s lead law, even if customers want to waive 12 yr. old and younger ruling, are we allowed to make and sell jewelry for which we cannot provide lead safe certification (suppliers won’t or can’t get letters from manufacturers)? We believe materials are lead safe but don’t have certification.

I posted a long reply. It's worth repeating here.
Bottom line? No.

Unless you are using specific exempt materials (gold, sterling, gemstones, pearls, etc) you, the manufacturer, of the product are required to have testing done if you sell children's jewelry. Even though the current testing requirements  for many thing are postponed, the current CPSIA (and some recent state laws) make it illegal to sell jewelry intended for children under the age of 13 unless you have independent lab testing of the products.

It IS a bad law, hastily written and passed. There is no common sense exemptions for small, domestic jewelry and craft makers. Congress is finally considering some amendments to it but they do not eliminate the problems the CPSIA created. Nor do they fix the various state laws.

I suggest you read the last pages of my summaries on lead laws at http://www.rings-things.com/forum/index.php/topic,2947.0.html
Then check out the Handmade Toy association, the Fashion Jewelry Trade group and the CPSC itself at these links:
http://www.handmadetoyalliance.org/Home/our-proposal-to-modify-the-cpsia
http://www.fjta.org/
http://www.cpsc.gov/
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.html
http://www.whatisthecpsia.com/

Will you get caught and fined? Probably not. But is it legal to do what you ask? Not under current laws.

What can you do? Become knowledgeable on this issue and contact ALL your Congress members and chairs of committees dealing with this issue.  Let Congress know that this well intentioned law has badly gone sideways.

I didn't add the link to the proposed (if inadequate) changes to the law. You can read the preliminary (for discussion) version of Rep Henry Waxman's revisions to CPSIA at http://www.learningresources.com/text/pdf/LR/CPSIA_005_xml.pdf

[picturejewelry.com]

What about materials that is used post finshing of PMC and Art Clay? Such as liver and sulfur. As well clear enamels?

[Russ Nobbs]

Are you asking about making products for adults to be sold in California or about children's goods under the CPSIA?

Liver of Sulfur and other antiquing solutions are probably not a problem in either case as they create an oxidized layer on the silver, a naturally occurring process. Buffing, burnishing, polishing, etc are not a problem... unless you were to burnish it with a lead tool that would add lead to the product. The CPSC guidelines exempt silver from testing unless something is done that would add lead to the product.

The enamels are a different matter. You can work with the MSDS (Material Safety Data Sheet) from the manufacturer to see what is in the product. Some glazes and enamels contain hazardous materials. Because the CPSIA requires destructive testing to determine the amount of a hazardous material  like lead the enameled item might require testing. Testing of some products is delayed at this time as the CPSC tries to make this law work in the real world.

Remember that I'm just a layman here. I try to read and understand these new laws but, to be sure, you need to read them yourself and consult legal advice if necessary.

[bigrockdj]

Hi,
I am new to making jewelry and i was asked to make some for children.  If i stick to pearls and sterling silver and less than one gram of crystals- am i safe?  How can you tell if silver beads are made with 925?  I saw that your wire was labeled- but not the beads i had time to look over.  I've looked on line for 925 sterling silver and most links lead me to China and i recently heard that they have replaced the lead in their process with cadmium.  Are there any materials that are safe to use and where can i find them?  I assume that anything you find at craft stores are not 925 sterling silver, but how could i check?

Anything you can tell me would be helpful!
Thanks,
Nathalie

[Polly]

That is a tough area to give advice on, because PERSONALLY I believe that sterling silver components purchased from a reputable supplier (including reputable craft stores), are appropriate to use for children's jewelry.  

But, as the law currently stands, children's jewelry is not legal to sell until you -- the person producing the jewelry -- have a destructive lead test performed on a whole finished piece of jewelry from each batch.  So if you make 10 items the same, you can have one tested and then sell the other 9.  As you can see, if you make one-of-a-kind jewelry, you can't currently, legally, sell it to children in the U.S., because technically you need to destroy your item to test it for safety!  In other words, if you know your components are safe, then your finished jewelry is safe to wear, but not safe for you to sell. [See Russ's notes below - Testing is NOT required for some jewelry items.]

One of the changes we are pushing for, is to have the finished piece of jewelry acceptable, if every component it is made from, is tested and known to be acceptable.  
If/when that happens, then yes - you could use California Class 1 materials (and as you noted: less than 1 gram of Swarovski crystal) to make safe AND legal children's jewelry. Sterling silver, stainless or surgical steel, and karat gold are in that list, as well as glass, pearls, and natural materials such as bone, horn, shell and wood.

Sterling silver and karat golds do not normally contain lead, because lead effectively destroys the silver or gold's usefulness for jewelry-making, by drastically changing the metals' properties, including hardness and melting point.  As long as your supplier is honest,  questions their own vendors, and/or occasionally tests their own inventory to verify the quality, these metals don't contain lead.

[Russ Nobbs]

Let me reply about

links lead me to China and i recently heard that they have replaced the lead in their process with cadmium

Yes, cadmium was found in some cheap children's jewelry. In my opinion  this is not a wholesale move to replace lead with cadmium. Most western companies asked heir Chinese suppliers to switch form lead to zinc. Zinc is not a hazardous material but is a little more costly because of how it works.  When the cadmium story broke by the AP, I checked world metals prices. Lead, zinc and tin were all about 1.20 a pound. Cadmium was over 11.00 a pound. It would not be cost effective to substitute cadmium for lead when zinc and tin are both legal and both similar in price to lead.

It is my opinion that the cadmium came from a manufacturer who bought up some recycled low melting temperature white metal from a recycling operation in China, most likely a place recycling  metals form scrap material shipped in from the US. Now that we know that cadmium might be a contaminant, I think most western importers will be testing for it and reject goods that test positive for cadmium.

Not that this common sense approach will prevent many states and the federal government from passing new laws relating to cadmium even through the CPSC says they have adequate regulations to restrict cadmium tainted goods.

I'll respond to some other issues later.

[Russ Nobbs]

This IS a complicated issues. CPSC has issued several stays in testing of some materials. They also published a list of items that do NOT need testing because they do not contain lead unless lead has been added to them.

CPSC published a guideline for crafters at http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.html
Here is a link to the PDF of CPSIA guidelines http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf
In that PDF is this  list of exclusions:

"These materials or components can be used (separately or in combination) and sold (provided they have not been treated or altered or undergone any processing that could result in the addition of lead):
• Wood
• Other natural materials such as coral, amber, feathers, fur, leather, etc.• Paper and other materials made from wood or cellulosic fiber
• Dyed or undyed textiles (cotton, wool, hemp, nylon, yarn, etc.), including..
children's fabric products, such as baby blankets, and non-metallic thread and trim. This does not include products that have rhinestones or other ornaments that may contain lead or that have fasteners with possible lead content (such as buttons, metal snaps, zippers or grommets). • Children's books that use modern printing processes (CMYK process printing
inks). This does not include any part of a book that may contain lead (plastic, metal, or painted parts, such as spiral binding).
• Certain educational materials, such as chemistry sets
• Precious gemstones: diamond, ruby, sapphire or emeralds
• Semiprecious stones provided that the mineral or material is not based on lead and is not associated with any mineral based on lead
• Natural or cultured pearls
• Surgical steel/other stainless steel except stainless steel designated as 303Pb
• Gold, of at least 10 karats
• Silver, at least 925/1000 pure
• Platinum, palladium, rhodium, osmium, iridium, ruthenium, and titanium"

Under the CPSIA the above items do not need to be tested. However, if you sell in Illinois, there are more restrictive rules that may require you to test your items.

The one gram of crystal rule is specific to California. It is not part of the CPSIA.

[Polly]

That is a great list!  Thank you for finding it.

I will add some links from other parts of our site, to it.

[RoseRaduro]

Wow! Thank you all for this great information. Very useful! And important!!