California Law for Cadmium in Children’s Jewelry Takes Effect
California’s new cadmium in children’s jewelry law (California Health and Safety Code section 25214.2), took effect on Jan. 1, 2012. It prohibits the manufacturing, shipping, and sale of children’s jewelry or any of the jewelry’s components containing more than 0.03 percent (300 ppm) of cadmium as determined by a total weight test. California defines children as 6 and under.
The new restrictions on cadmium apply to small and large manufacturers, retailers, and suppliers in California, including people who make and sell their own jewelry, tattoo and body piercing shops, and vending machines, according to California’s Department of Toxic Substances Control. Any person who is not in compliance with the law may be subject to fines of up to $2,500 per day for each violation.
In addition, manufacturers and suppliers are required to provide certification that their jewelry does not contain cadmium in violation of the law. Such certification can be in the form of either a certification document or a display on the shipping container or on the packaging of the jewelry. The state’s Department of Toxic Substances Control can answer vendors’ questions via e-mail at leadinjewelry@dtsc.ca.gov, or by calling 1-800-728-6942. From outside California, call 1-916-255-3618. It is the agency’s policy to answer inquiries either the same day or the next business day.
Jewelry makers and designers of children’s jewelry who seek more information on the new law can visit the Department of Toxic Substances Control webpage Cadmium Information for Businesses.
California joins Illinois and Minnesota as states that have now placed in effect cadmium in children’s jewelry laws. Because the various state laws to regulate cadmium in children’s jewelry vary in terms of the definition of children, as well as the kinds of testing required, MJSA is monitoring all cadmium legislation on the state level. An updated chart showing the status of various state bills regulating cadmium in children’s jewelry is available to MJSA members. Click here to go to the MJSA Guide to Cadmium in Jewelry, where the chart can be downloaded. (Note: This is a members-only page; members will be required to enter their member ID and password.)
In related news, a lawsuit settled in California, which took effect at the end of 2011, also affects wholesalers of both children’s and adult jewelry—at least those that sell to the 26 retailers and suppliers of children’s jewelry that agreed to the lawsuit’s terms. These companies have agreed not to sell adult or children’s jewelry anywhere in the country that exceeds a cadmium total weight of 300 ppm. The companies include: AIJJ Enterprises/Rainbow Apparel (Rainbow/5-7-9 Stores); Aeropostale; American Eagle Outfitters; Catherines Inc/Lane Bryant; Charlotte Russe; Claire’s; Cost Plus; Fiesta Jewelry; Finesse Novelty; Forever 21; Group USA; Haskell Jewels; Hot Topic; MJM Jewelry; Old Navy/Banana Republic/The Gap; Rodgers Sports Management; Saks Inc.; Shalom Int’l; Tanya Creations; Target; The Buckle; and The Wet Seal.
For more information, e-mail MJSA or call 1-800-444-MJSA (6572).