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Lower lead limits to take effect in August

By Michelle Graff
July 27, 2009
Changes to federal law on lead limits will impact manufacturers of children's jewelry crafted of base metals, while jewelry crafted of precious metals is exempt for the time being.

New York--Starting in August, retailers and manufacturers who handle certain types of children's jewelry will have to be sure they are in line with new federal mandates regarding allowable amounts of lead in children's products.

Under the federal Consumer Product Safety Improvement Act (CPSIA), the general limit on lead content in children's products, including certain types of jewelry, falls to 300 parts per million (ppm), or 0.03 percent, beginning Aug. 14, according to information provided by Manufacturing Jewelers and Suppliers of America (MJSA).

This law pre-empts all state laws, except in California, which dictates that all jewelry, not just children's jewelry, meets state lead content limits.

The law impacts manufacturers that deal in jewelry intended for children 12 and under and crafted of base metals, such as lead, copper, stainless steel, nickel, tin or brass, according to MJSA.

Peggy Jo Donahue, acting MJSA spokesperson, said for now, children's jewelry crafted of precious metals and/or precious or semi-precious stones are exempt from the new lead requirements mandated by the CPSIA. But those that make fine jewelry for children are not entirely off the hook just yet.

Donahue said MJSA and other jewelry groups have asked for these materials to be permanently exempt, but the Consumer Product Safety Commission (CPSC) has yet to vote on the issue.

"Right now, the precious-metal manufacturers and importers have a temporary exemption that the commission has granted until they make a final decision," she said.

MJSA, along with other industry organizations, also had asked the CPSC to exempt children's jewelry crafted of crystal and glass beads, including rhinestones and cubic zirconia, but the CPSC rejected that request on July 17, Donahue said.

The CPSIA mandates that jewelry designers and manufacturers must certify through third-party testing at a CPSC-accredited lab that their products meet these standards, according to MJSA. Any children's jewelry without certificates of compliance cannot be imported or distributed in the United States.

A list of CPSC-approved labs is available here. MJSA has negotiated a member discount rate with Cranston, R.I.-based ESS.

In addition, the CPSIA requires that "to the extent practicable," children's items--including precious-metal jewelry, even though it is exempt from the testing requirement--should bear the name of the manufacturer, location and date of production and cohort information (including the batch, run number or other identifying characteristic).

With items too small to be marked, such as jewelry, the tracking information can be included on the packaging.

Donahue said the CPSC's policy also states that small-volume manufacturers don't need to create a labeling system as long as they keep adequate records. In addition, for a time, the CPSC will recognize "good faith efforts" toward compliance with the tracking requirements.

Passed by Congress last summer following several high-profile recalls of toys made in China, the CPSIA initially established a 600 ppm lead limit for children's products. This will drop to 300 ppm next month and, if feasible, to 100 ppm on Aug. 14, 2011.

As the shift to the 300 ppm limit approaches, MJSA has published an online, step-by-step guide on complying with the new lead law, available on its Web site.

While the law is more manufacturer-focused, Jewelers of America (JA) recommends that jewelers consult with suppliers to make sure their current inventory of children's jewelry, or any other items they might sell marketed toward children, are within the new legal lead content limits.

If they can't be assured, JA advises them to contact an attorney to determine if they need to pull any items from their display cases.

JA members can view guidance on lead in children's jewelry by logging into the members-only section of Jewelers.org.
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