Details of Illinois Law to Limit Cadmium in Children's Jewelry

Children’s Jewelry Manufactured after July 1, 2011 Must Meet 75 ppm Limit

Under the new law, children’s jewelry manufactured after July 1, 2011, must not exceed 75 parts per million of cadmium in any paint or surface coating or accessible substrate in order for that jewelry to be manufactured, knowingly sold, offered for sale, distributed for sale, or distributed for use in the state of Illinois.

Children’s jewelry defined. "Children's jewelry" means jewelry that is made, marketed, or designed for or intended primarily for use by children under the age of 12 and includes jewelry that meets certain other listed conditions.

“Jewelry" means any of the following ornaments worn by a person:

• ankle bracelet; arm cuff; bracelet; brooch; chain; crown; cuff link; hair accessory; earring; necklace; decorative pin; ring; body piercing jewelry; jewelry placed in the mouth for display ornament;
• charm, bead, chain, link, pendant, or any other component of the items listed in this definition;
• charm, bead, chain, link, pendant, or any other attachment to shoes or clothing that can be removed and may be used as a component of an item listed in this definition; and
• watch, if the timepiece is a component of an item list in this definition, excluding the timepiece itself if the timepiece can be removed from the ornament.

Testing. The level of cadmium must be determined through solubility testing for heavy metals defined in the ASTM Toy Standard, ASTM F-963, and subsequent versions of this standard.

Notifications. A manufacturer (includes importer) of children's jewelry restricted under this law, will have to notify persons that sell the manufacturer's (importer’s) products in the state of Illinois about the law’s provisions no less than 90 days before the effective date of the restrictions.

Recalls. A manufacturer (importer) that sells or distributes children's jewelry prohibited from sale or distribution under this law will have to recall the product and reimburse the retailer or any other purchaser for the product.

Retailer liability. A retailer who unknowingly sells a product that is restricted from sale is not liable under the law.

Penalties. The Attorney General may request and the Court may impose a civil penalty for violations of the law, in an amount not to exceed $50,000 for each violation.

Federal limit would supersede. Illinois’ cadmium limit will apply unless superseded by a federal standard applicable to children's jewelry.

Illinois is Third State to Regulate Cadmium in Children’s Jewelry

Illinois has become the third state to regulate cadmium in children's jewelry, after Connecticut and Minnesota. (See ITT’s Online Archives or 06/14/10 and 05/19/10 news, 10061422 and 10051923, for BP summaries.)

CPSC, Congress Considering Federal Regulation of Cadmium

There is no federal limit on cadmium in children’s jewelry. However, the Consumer Product Safety Commission is currently considering the publication of a petition to limit cadmium in children’s jewelry and other children’s products. The House has also recently introduced a bill to limit four heavy metals, including cadmium, in all children’s products. (See ITT’s Online Archives or 08/09/10 and 08/05/10 news, 10080916 and 10080516, for BP summaries.)

(See ITT’s Online Archives or 04/21/10 news, 10042128, for BP summary of CPSC Chairman Tenenbaum’s April 2010 announcement that the agency is taking steps toward possible regulation of cadmium in children’s jewelry.

See ITT’s Online Archives or 01/12/10 news, 10011210, for BP summary of CPSC announcing a January 2010 investigation into cadmium’s use in children’s jewelry.)

(Public Act 096-1379)