Code Section

Health and Safety Code - HSC

DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 26250]

  ( Division 20 enacted by Stats. 1939, Ch. 60. )
  

CHAPTER 6.5. Hazardous Waste Control [25100 - 25259]

  ( Chapter 6.5 added by Stats. 1972, Ch. 1236. )
  

ARTICLE 10.1.1. Metal-Containing Jewelry [25214.1 - 25214.4.2]
  ( Heading of Article 10.1.1 amended by Stats. 2010, Ch. 313, Sec. 1. )

  
25214.2.  

(a) For jewelry that is not children’s jewelry, a person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes such jewelry for retail sale or promotional purposes in the state, unless the jewelry is made entirely from one or more than one of the following materials:

(1) Stainless or surgical steel.

(2) Karat gold.

(3) Sterling silver.

(4) Platinum, palladium, iridium, ruthenium, rhodium, or osmium.

(5) Natural or cultured pearls.

(6) Glass, ceramic, or crystal decorative components, including cat’s eye, cubic zirconia, including cubic zirconium or CZ, rhinestones, and cloisonné.

(7) A gemstone that is cut and polished for ornamental purposes, excluding aragonite, bayldonite, boleite, cerussite, crocoite, ekanite, linarite, mimetite, phosgenite, samarskite, vanadinite, and wulfenite.

(8) Elastic, fabric, ribbon, rope, or string that does not contain intentionally added lead.

(9) All natural decorative material, including amber, bone, coral, feathers, fur, horn, leather, shell, or wood, that is in its natural state and is not treated in a way that adds lead.

(10) Adhesive.

(11) Electroplated metal containing less than 0.05 percent (500 parts per million) lead by weight.

(12) Unplated metal not otherwise listed containing less than 0.05 percent (500 parts per million) lead by weight.

(13) Plastic or rubber, including acrylic, polystyrene, plastic beads and stones, and polyvinyl chloride (PVC) containing less than 0.02 percent (200 parts per million) lead by weight.

(14) A dye or surface coating containing less than 0.05 percent (500 parts per million) lead by weight.

(15) Any other material that contains less than 0.05 percent (500 parts per million) lead by weight.

(b) For body piercing jewelry that is not children’s jewelry, a person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes such jewelry for retail sale or promotional purposes in the state, unless the jewelry is made of one or more of the following materials:

(1) Surgical implant stainless steel.

(2) Surgical implant grade of titanium.

(3) Niobium (Nb).

(4) Solid 14 karat or higher white or yellow nickel-free gold.

(5) Solid platinum.

(6) A dense low-porosity plastic, including, but not limited to, Tygon or polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead.

(c) (1) For children’s jewelry, a person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes such jewelry for retail sale or promotional purposes in the state, unless the jewelry meets all of the following requirements:

(A) Every component of the jewelry contains no more than 0.01 percent (100 parts per million) lead by weight, excluding inaccessible component parts.

(B) The jewelry has a surface coating that contains no more than 0.009 percent (90 parts per million) lead by weight.

(2) The department may establish guidance on what component parts in children’s jewelry shall be considered to be inaccessible for purposes of paragraph (1). In the absence of that guidance from the department, a determination of whether a component part of children’s jewelry is inaccessible shall be made in accordance with Section 1500.87 of Title 16 of the Code of Federal Regulations, as it may be amended from time to time.

(d) (1) For children’s jewelry, a person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes such jewelry that meets either of the following descriptions:

(A) The jewelry contains a component or is made of a material that is more than 0.03 percent (300 parts per million) cadmium by weight.

(B) The jewelry has a surface coating that contains more than 0.0075 percent (75 parts per million) soluble cadmium by weight.

(2) This subdivision shall not apply to any toy regulated for cadmium exposure under the federal Consumer Product Safety Improvement Act of 2008 (Public Law 110-314).

(e) The department may establish a 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 standards established pursuant to subdivisions (c) and (d).

(f) This section shall become operative on June 1, 2020.

(Repealed (in Sec. 3) and added by Stats. 2019, Ch. 379, Sec. 4. (SB 647) Effective January 1, 2020. Section operative June 1, 2020, by its own provisions.)