Overview
California recently passed Senate Bill (SB) 647 into law, a bill that amends the state's existing jewelry laws and significantly reduces the lead and cadmium limits for metal-containing jewelry sold in the state.
Lead Limits for Jewelry
As of June 1, 2020, entities manufacturing, shipping, selling, or offering for sale or promotional purposes metal-containing jewelry must comply with the following lead levels for "adult" jewelry:
- Electroplated Metal: Less than 0.05% (500 parts per million [ppm]) lead by weight for electroplated metal (previously 6% lead by weight);
- Unplated Metal: Less than 0.5% (5,000 ppm) (previously 1.5% lead by weight); and
- Dye or Surface Coating: Less than 0.05% (500 ppm) (previously 0.06% lead by weight).
Further, jewelry cannot contain any material that contains 0.05% (500 ppm) or more lead by weight.
Lead and Cadmium Limits for Children's Jewelry
As of June 1, 2020, an entity manufacturing, shipping, selling, or offering for sale or promotional purposes children's jewelry, must comply with the following lead and cadmium standards:
Lead
- No more than 0.01% (100 ppm) lead by weight for all jewelry components, excluding inaccessible component parts; and
- A surface coating that contains no more than 0.009% (90 ppm) lead by weight.
Cadmium
- No more than 0.03% (300 ppm) cadmium by weight for all jewelry components; and
- A surface coating that contains no more than 0.0075% (75 ppm) soluble cadmium by weight.
Children's jewelry are products that are made for, marketed for use by, or marketed to children 15 or younger. It includes, but is not limited to, products that are advertised as appropriate for use by children, sized for children and not intended for adult use, or sold in conjunction with products that are advertised as appropriate for children. This is an increase in the age of children, as defined under this law, from 6 or younger.
Certification and Testing Requirements
Manufacturers and suppliers of jewelry offered for sale or promotional purposes in California must maintain all technical documentation demonstrating that the jewelry complies with SB 647 and provide it to the Department of Toxic Substances Control upon request. Further, a manufacturer or supplier shall prepare a certification that confirms that the jewelry contains permissible lead and cadmium levels and provides additional product-specific information. The certification must be provided to the seller of the jewelry, or it must be prominently displayed on the shipping container or the jewelry packaging.
Lastly, SB 647 identifies with specificity the required testing methods and procedures for jewelry to ensure compliance.
Although the new lead and cadmium levels take effect in June 2020, Steptoe recommends preparing your products for compliance as soon as possible. Please contact us if we can be of assistance.
