December 4, 2007
Lead-Containing Jewelry Law - Important
How the Lead-Containing Jewelry Law Affects You
I want to thank Eva of Eva Designs Jewelry for alerting us about an important new jewelry-related law.
Even if you don't live in California, the Lead-Containing Jewelry Law affects you if sell jewelry online to anyone in California.
According to California Proposition 65, if you sell jewelry to California residents via physical store or online store, it is your legal obligation to inform your customers of any item containing lead.
Such items would include:
- certain base metal findings
- Swarovski crystals
- other leaded glass items.
Store owners must provide a warning by posting one or more warning signs in each store.
If you operate an internet store, you still need to provide that warning regardless of your store location because a potential customer could reside in California.
The warning can be listed in either a mail order catalog or on your website.
Also according to Proposition 1681, effective September 1, 2007 any finished children's jewelry retailed in the state of California, via store or internet sales, is prohibited by law from containing leaded components.
The law reads:
"Effective September 1, 2007 for children's jewelry, and March 1, 2008 for all other jewelry, including body piercing jewelry, a person must not manufacture, ship, sell or offer for sale jewelry for retail sale in California unless it is made entirely from one or more of the materials specified in the Table of Materials Required for Jewelry."
You can find complete details of how to comply with this law here in an easy-to-understand format: Lead-Containing Jewelry Law.
*[Important update Dec. 21, 2007 - Lead Jewelry Law and Swarovski Crystals - a Letter from Swarovski]*
*[Important update Jan. 7, 2008 - Lead Jewelry Law FAQ]*
*[Important update Feb. 14, 2008 - Safety First - California's Lead in Jewelry Law]*
Thanks so much, Eva, for bringing the Lead-Containing Jewelry Law to our attention!





Comments
December 4, 2007
kristy said:
Hmm, very interesting. But how the heck do you know if anything you have has lead in it?
Rena Klingenberg said:
Kristy,
Good question. I think the "Table of Materials Required for Jewelry" (see link in the post above) may help.
Also some components are known to contain lead - such as Swarovski crystals (although they are coming out with a lead-free version of their crystals).
According to Fire Mountain Gems:
"Swarovski® crystal tests at 21% lead. Celestial™ crystals test at 12 to 14% lead. Czech fire-polished crystals have no lead."
Older pewter components are likely to contain lead, but new pewter is made lead-free. If you use pewter at all, it's a good idea to ask the supplier.
I think the suppliers and manufacturers of our individual jewelry components should be the resource for us to check with.
Many of them are already posting statements about lead content on their websites.
Rings & Things has an excellent page on lead in jewelry components: Lead in Jewelry Products?
I hope this helps!
Rena
December 11, 2007
Lizc said:
I understand correctly, since Swarovski's test at 21% lead, we will not be allowed AT ALL to use crystals we currently have in our inventory?
The materials list says that children's jewelry MAY use "Glass or crystal decorative components that weigh in total no more than 1 gram, excluding any glass or crystal decorative component that contains…."
My main question is, will the leaded swarovski beads we now own be eventually "illegal"?
That's what I'm getting as I read the law. Thanks.
chris said:
Hi everyone - great issue, Rena!
Prop 65 has actually been around for quite some time, but a lot of very small businesses haven't known about it, or don't know it applies to them.
My question is about the "safe harbor" numbers, which are listed on this pdf - http://www.oehha.ca.gov/prop65/pdf/October2007StatusRpt.pdf.
Is it possible that crystal beads fall within the safe harbor? It's a little frustrating to me that the state hasn't provided better guidance on that.
How do they translate percentage of lead (like, 12% in a bead) to a person's "exposure per day," which is what the safe harbor numbers apparently are?
If anyone has more info on this (any chemists? lol), please share!
In a similar, but totally separate issue, California also recently passed a law banning phthalates in toys for children under 3 years old. Polymer clay contains phthalates - I don't know if anyone is making anything intended for kids under 3 (that's pretty young!), but it's something to think about.
~Chris
chris said:
Holy cow! Look what I just found here - http://www.oehha.ca.gov/prop65/p65faq.html
Q. Are any businesses exempt from Proposition 65?
A. Yes. Small businesses with less than 10 employees, governmental agencies, and public water systems are exempt from the warning requirement and discharge prohibition of Proposition 65. This is addressed in the definition for "person in the course of doing business" in section 25249.11(b) of the Health and Safety Code, which states, “‘Person in the course of doing business' does not include any person employing fewer than 10 employees in his or her business . . .
Wow! I never heard that before - it sounds like very small businesses are not subject to this law afterall.
Tina Cloud said:
Does anyone have more information about leaded crystals? I was always under the impression that the lead was sealed into the crystal when it was made, and is no longer harmful. People drink out of leaded crystal glasses all the time. This new law seems to imply that crystal beads like Swarovski are harmful because of the lead content. Also, does anyone know if regular glass beads, or beads coated with an AB finish contain lead?
I would appreciate any info! Thanks,
Tina Cloud
Rena Klingenberg said:
@ Lizc - At the moment, only California has this law (as far as I am aware) - so you would still be able to continue to sell your current stock of Swarovski crystals to customers outside of California.
My guess is that, considering all the current press about lead in jewelry, the current leaded Swarovskis may soon become at least "undesirable" if not actually "illegal".
I think we may all want to work toward doing our best to buy jewelry components that are lead-free.
@ Chris - thanks for your kind compliment on my newsletter!
Also thanks for finding and posting these links!
Boy, I'm as in the dark as everyone else on that - it seems that the wording of this legislation raises more questions than it answers.
To all who are interested in this topic, I recommend following the Lead Jewelry Law Etsy Forum thread - and keeping an eye out for the article that Sarah from Etsy Admin is going to research and write on this legislation.
@ Tina Cloud - I'm not sure about how the lead is impregnated in the crystal, nor at what level it's safe for human use.
Hopefully the Swarovski Co. will come out with some info on this topic soon, because it impacts a LOT of people!
- Rena
April 2, 2008
Kessy Chan said:
Hi if you are not sure about whether the crystal is including lead or not, you can ask them to offer a test report, such as SGS test report.
Lead or not lead depends on the material you are using, people prefer lead crystal because it looks more brilliant and the technic is not so difficult.
The process of the beads polished will not caused the lead sealed in.
July 2, 2008
Jeff said:
Hello there - I just came across this discussion (which seems to have slowed down) but wanted to know if you are still concerned about lead content in jewelry.
We (Skyray XRF) sell instruments that detect lead levels and I've talked to many throughout the industry about this. It seems like a situation where the proof of compliance gets pushed down the supplier chain; very similar to the way the electronics industry handled RoHS (and similar legislations).
Just wondering where things stood and look forward to reading more on it -