MJSA Guide to the CPSIA & State Lead Laws
Signed into law in the summer of 2008, the Consumer Product Safety Improvement Act (CPSIA) set new federal lead standards for children’s products, including jewelry. On Aug. 14, 2011, the limit dropped from 300 parts per million (ppm), or 0.03 percent, to 100 ppm. However, just before the implementation date, Congress passed a bill (H.R. 2715) that exempted any existing inventory from the new standard; the 100 ppm limit applies only to goods made after Aug. 14, 2011.
Precious metals (karat gold, sterling silver and platinum group metals) and gemstones are excempt from the testing and certification requirements of the CPSIA, provided that the named materials hadn’t been treated or changed in ways that would result in the addition of lead. MJSA had long lobbied for the exemption and was able to prove that the above products are either lead-free or contain so little lead as to be below CPSIA lead safety requirements. For more information on this ruling, click here.
Makers and importers of base-metal children’s jewelry, however, must still comply with the third party testing and certification requirements of CPSIA, to ensure their products meet the CPSIA standards. The tests must be performed by labs accredited by the CPSC, and any children’s jewelry without certificates of compliance cannot be imported or distributed in the United States.
To prepare the MJSA Guide to the CPSIA & State Lead Laws, the association reviewed U.S. government actions and statements regarding the CPSIA, and interviewed several industry experts on lead in jewelry. Special thanks to consultants Howard E. Schachter of Aquatronics Industries Inc. in Riverside, Rhode Island; J. Tyler Teague of JETT Research in Johnson City, Tennessee; and James Troiano in Cranston, Rhode Island.
The guide also contains information on several state lead laws that are not preempted by the federal CPSIA.
The MJSA Guide to the CPSIA & State Lead Laws is available only to MJSA members. If you are a member, click here; you will be asked to enter your login code and password. If you need assistance, please contact MJSA. If you are not a member, click here to learn how you can join and begin taking advantage of all the MJSA member benefits.