Details of California Limit on Cadmium in Children's Jewelry Starting in 2012
On September 25, 2010, California's Governor approved a law limiting cadmium in children’s jewelry, beginning January 1, 2012.
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(See ITT's Online Archives or 10/04/10 news, 10100440, for initial BP summary.)
Cadmium Limits Added to CA Regulations on Lead in Children’s Jewelry
The bill will amend Sections 25214.1-25214.42 of Division 20 of California’s Health and Safety Code, which limits lead in children’s jewelry, by adding the following provisions to limit cadmium in such products:
300 ppm cadmium limit. Starting January 1, 2012, no person will be able to manufacture, ship, sell, offer for sale, or offer for promotional purposes in California children’s jewelry that contains any component or is made of any material that is more than 300 parts per million (ppm) cadmium by weight.
Jewelry for children 6 and younger. Like the lead provisions, the cadmium limits will affect jewelry for children 6 and younger that is made for, marketed for use by, or marketed to such children.1 Jewelry includes any of the following: adornments worn by a person: anklet; arm cuff; bracelet; brooch; chain; crown; cuff link; hair accessory; earring; necklace; pin; ring; body piercing jewelry; jewelry placed in the mouth for adornment; and any bead, chain, link, pendant or other component of such an adornment.
Certification. Manufacturers or suppliers of children’s jewelry sold or offered for sale in California will be required to either: (1) provide a certification to a person who sells or offers for sale that manufacturer’s or supplier’s jewelry, upon the request of that person; or (2) display the certification prominently on the shipping container or on the packaging of jewelry. This certification must attest that the jewelry does not contain a level of lead or cadmium that would prohibit the jewelry from being sold or offered for sale in California.
Penalties. Civil penalties for violations of the cadmium provisions would not exceed $2,500 per day for each violation. However, a manufacturer or supplier of jewelry who knowingly and intentionally manufactures, ships, sells, offers for sale, or offers for promotional purposes in California jewelry containing cadmium in violation of these provisions would be subject to a criminal fine of between $5,000 - $100,000, imprisonment for not more than one year, or both.
Authority to lower limit for sensitive groups. California would be able to establish a cadmium standard for children’s jewelry or for a component of children’s jewelry that is more protective of public health, of sensitive subpopulations, or of the environment than the standard established.
Federal preemption for toy jewelry. The bill states that it would exempt any toy jewelry regulated for cadmium exposure under the federal Consumer Product Safety Improvement Act of 2008 (CPSIA).
(Note that the CPSIA made the ASTM F963 toy standard a mandatory standard, and cadmium is regulated as one of the heavy metals tested under ASTM F963 for coatings on children’s toys. However, cadmium in children’s jewelry is not currently regulated on a federal level.
In August 2010, the Consumer Product Safety Commission sought comments on a petition it received asking that only trace amounts of cadmium be allowed in toy metal jewelry. In April 2010, CPSC stated in that it was considering limiting cadmium in children’s jewelry in general (i.e. not just toy jewelry). See ITT’s Online Archives or 08/18/10 and 04/21/10 news, 10081811 and 10042128, for BP summaries.)
California is 4th State to Limit Cadmium in Children’s Jewelry
California is now the fourth state to limit cadmium in children’s jewelry, following Illinois, Connecticut and Minnesota. (See ITT’s Online Archives or 08/11/10, 06/14/10 and 05/19/10 news, 10081111, 10061422 and 10051923, for BP summaries.)
1Jewelry is considered to be made or marketed for use by children six and younger based on a variety of factors, including its packaging, display, or advertising; sizing; where the product is marketed or sold; etc.