SB 647: Hazardous substances: metal-containing jewelry.

The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime.

Existing law, as part of the hazardous waste control laws, prohibits a person from manufacturing, shipping, selling, or offering for sale or promotional purposes jewelry, as defined, for retail sale in the state, unless the jewelry is made entirely from specified materials that do not exceed specified lead and cadmium content limits. Existing law provides that, for jewelry that is not childrens jewelry or body piercing jewelry, the content limits for electroplated metal, unplated metal, plastic or rubber, and dye or surface coating are 6%, 1.5%, 0.02%, and 0.06% of lead by weight, respectively. Existing law imposes separate content requirements for childrens jewelry, as provided. Existing law defines children for purposes of these provisions to mean children 6 years of age and younger. Existing law requires a manufacturer or supplier of jewelry that is sold, offered for sale, or offered for promotional purposes to prepare a certification that attests that the jewelry does not contain a level of lead or cadmium in excess of the provided limits. Existing law provides test methods and procedures for testing jewelry for purposes of these provisions.

This bill would revise and recast the provisions relating to the materials authorized to be used to make jewelry and childrens jewelry, but with certain provisions not to become operative until June 1, 2020. The bill would, on and after June 1, 2020, reduce the lead content limits for electroplated metal, unplated metal, and a dye or surface coating to 0.05% of lead by weight, and would reduce the lead content limit for plastic or rubber to 0.02% of lead by weight. The bill would reduce the lead content limit for childrens jewelry to 0.009% of lead by weight for surface coatings and 0.01% of lead by weight for all other components, and would reduce the cadmium limit for surface coatings on childrens jewelry to 0.0075% of soluble cadmium by weight, as provided. The bill would revise the definition of children to mean persons under 15 years of age. The bill would require the manufacturer or supplier certification to include additional detail about the jewelry covered by the certification, including, among other things, the date or dates on which, and the location or locations where, the jewelry was tested for purposes of certification. Because a violation of these additional certification requirements would be a crime, the bill would impose a state-mandated local program. The bill would also authorize the use of additional specified test methods to determine compliance with the standards for lead in childrens jewelry.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.