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]*
*[Important update Feb. 2, 2009 - Consumer Product Safety Improvement Act (CPSIA) and Jewelry]*
Thanks so much, Eva, for bringing the Lead-Containing Jewelry Law to our attention!
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Hmm, very interesting. But how the heck do you know if anything you have has lead in it?
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
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.
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
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.
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
@ 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.
(Edited to add: Here is the article by Sarah from Etsy Admin – Safety First – California’s Lead in Jewelry Law.)
@ 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
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.
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 -
BREAKING NEWS
Yesterday, Feb 2, 2009 the Consumer Product Safety Commission (CPSC) announced a one year stay for the new regulations. The stay does NOT exempt “metal components of children’s metal jewelry (effective for products manufactured after March 23, 2009)”
The text of the stay is at http://www.cpsc.gov/businfo/frnotices/fr09/stayenforce.pdf
The CPSC website is http://www.cpsc.gov
I’m sure the National Association of Manufacturers (NAM), the Manufacturing Jewelers and Silversmiths of America (MJSA) and the other national organizations pressure along with comments from many of us influenced this stay.
Rings & Things received an announcement from MSJA saying (in part) Jewelery manufacturers will see no relief from the one-year stay recently issued for certain testing and certification requirements of the Consumer Product Safety Improvement Act (CPSIA), which regulates the lead content in products (including jewelry) for children age 12 and younger.
The Consumer Product Safety Commission (CPSC) voted for the stay last week, after Congress was deluged with complaints from the broad range of industries affected by the law, including toys, apparel, and furniture. However, an exception to the stay was made for certain products, including children’s jewelry.
As a result, third-party testing and certification will still be required for children’s jewelry products made after March 23, 2009. Those items must contain no more than 600 ppm (0.06 percent) lead content by weight. That threshold will drop to 300 ppm (0.03 percent) in August. The CPSC has until November to establish compliance protocols and testing for random samplings.
The CPSIA has drawn wide-ranging criticism for its ambiguous testing and compliance requirements, its overly broad scope, and its requirements imposing costly procedures that provide little or no safety benefit to children. MJSA members should ask their senators and representatives to provide more meaningful legislative relief that resolves the ambiguous requirements in the current law, or to encourage the CPSC to provide more direct action to resolve these questions. To obtain your legislators’ contact information, go to senate.gov or house.gov and type in your ZIP code.
MJSA continues to push for the CPSC’s proposed rule to exempt precious stones and precious metals from third-party testing. MJSA has petitioned the CPSC to approve the exemption, which covers materials that “by their nature,” contain little or no lead or risk of exposure; they include gold (at least 10 karat), sterling silver (at least 925/1000), platinum, palladium, rhodium, surgical steel, precious gems, most semi-precious gems, and natural and cultured pearls. The CPSC will not act until the public comment period ends on February 17.
Russ,
Thank you so much for this update!
Rena
Does this law apply to Canadians who sell at craft shows in Canada only?
Good question, Lynn!
No, it only applies to goods sold in, manufactured in or imported into the USA and it only applies to goods intended for children 12 years or younger.
In my Breaking News post the 3rd sentence should say The text of the stay is at http://www.cpsc.gov/businfo/frnotices/fr09/stayenforce.pdf instead of “The test>…”
Thank you, Russ – changed “test” to “text”!
My thanks again for this helpful update!
Russ and Rena, Thanks for the update. It is confusing enough as it is. Bottom line for me “Sell no jewelry intended for children under 12″ However, what if I don’t know who the jewelry is for? I sell a Swarovski pearl bracelet with Bali spacers and am often asked for small sizes that might be for children. I feel the bracelet is OK but how would I “prove” it if asked?
thanks for this
@ Bev: The bottom line is that jewelry for children should not contain leaded glass (Swarovski crystal). When people ask you for small versions of your designs you should tell them that the new law makes it inappropriate for children 12 or younger.
The CPSC issued revised guidelines on the Consumer Product Safety Improvement Act (CPSIA) for Small Businesses, Resellers, Crafters and Charities. You can read the overview at http://www.cpsc.gov/about/cpsia/smbus/manufacturers.html and download the guidlines at http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.html
The guidelines list a group of common jewelry components (in Table B) that do not contain lead and can be used (separately or in combination) and sold for use by children (provided they have not been treated or altered or undergone any processing that could result in the addition of lead.) It’s the sort of common sense exemptions to the testing requirements based on evidence that they have never contained lead.
Russ, Thanks for the update. I’m surprised with the Swarovski crystal though. I realize they contain lead but had heard that they would need to be pulverized and swallowed to have lead be a problem. Not so, I guess. I’m still sticking to the don’t sell to kids rule. However, I know I still need to be up on the latest information and I appreciate you keeping me and others up to date
I agree with your, Bev, that you would have to pulverize a Swarovski bead and ingest it to have any measurable impact. I think you’d have to soak Swarovski glass in acidic orange juice and then drink the juice to get any absorbable lead exposure. But that is just our “gut” opinion. The CA Prop 65 rule specifically says no more than 1 gram of Swarovski leaded beads in an item for a child of 6 or less. (No limit to Swarovski beads in adult jewelry. Please see the table for adult jewelry required by CA rules at http://www.rings-things.com/jewelry-safety.html .
The CPSIA rules limit (for children of 12 or less) the total amount of lead in a product to 600 parts per million (ppm) now. That level drops to 300 ppm in August. Current rules require you, the maker, to test your products to determine the lead levels.
In terms of percentage 300 ppm is 0.03% – a very small amount.
The realities of lead exposure from leaded crystal can be debated. I’m sure Swarovski and the Fashion Jewelry Association are having that conversation with the CPSC in an attempt to allow some amount of leaded glass beads in a child’s product.
Thanks to Dita Basu of Bead-Z-Mommys-Business for sharing this info on a possibly useful lead-testing kit you can use at home:
Lead in Jewelry – Lead Testing Kit You Can Use at Home.
A boutique that I’m trying to sell jewelry in requires a lead-free certification. Does anyone know how to go about getting jewelry certified? I know I can test the beads myself to determine if they are safe, but they require more than my word…
@Nickie
Is this certification for children’s jewelry or for adult?
Is this for a store in California? California is the only state with rules about lead content for adults.
There are rules set out in the CPSIA for certifying chlldren’s jewelry and, if I’m up to date with the latest changes, it requires you to have the components of each design tested.
There are links in my forum posts at http://www.rings-things.com/forum/index.php/topic,2947.0.html to the latest CPSIA rules. They now list the materials that do not require testing because the materials do not and can not contain lead in normal use.
How much does testing cost at an accredited CPSC lab cost if you want to sell your products for children and comply with the CPSIA lead in children’s products law? Some of that is at http://www.cpsc.gov/about/cpsia/smbus/manufacturers.html#q5
I found a fabric oriented blog with estimates from several labs. It’s a good place to start if you are researching the cost of having your products tested. http://www.happypandababy.com/blog/2008/12/16/cpsia-testing-research-for-happy-panda/
I hope this helps!
The CPSC has published new guidelines for small businesses and thrift shops.
For the full text from the CPSC see http://www.cpsc.gov/about/cpsia/componenttestingpolicy.pdf
For the thrift store guidelines please see http://www.cpsc.gov/cpscpub/pubs/thrift/thrguid.pdf
This eases the burden put on many small businesses but does not eliminate the problems. Batch tracking labeling are still required. Phthalate testing is still required for some lead testing exempt items.
I’ve added several other links to the post in the Rings & Things forum at http://www.rings-things.com/forum/index.php/topic,2947.0.html
Russ, thanks again for the latest update. I try but never seem o get the latest as you do.
Is anybody aware of any other states that regulate lead levels in jewelry for adults? Federal rules?
thanks
I think CA is the only state with rules about lead content for adults. It comes out of CA Prop 65.
See http://www.rings-things.com/jewelry-safety.html for details.
Lead is much more of a health hazard for young children than it is for adults.
Several other states as well as the federal CPSIA have adopted rules for lead in children’s jewelry.
thank you much. i couldn’t find anything on it.
No problem!
I thought I peppered my posts here and on the Rings & Things forum with enough links to those pages it would be easy to find. Guess I wasn’t doing my self promotion thing well enough.
Seriously, it is hard to find clear info on this. That’s why we built the CA page and labeled all our products.
The other page that will be helpful to you is
http://www.rings-things.com/LEAD.HTM