Precious Metals, Gems Exempted from CPSIA Lead Testing

AUG. 19, 2009 -- The commissioners of the Consumer Product Safety Commission (CPSC) today voted to exempt precious metals (karat gold, sterling, and platinum group metals) and gemstones from the testing and certification requirements for children’s products covered by the Consumer Product Safety Improvement Act (CPSIA). Manufacturing Jewelers and Suppliers of America had been lobbying in Washington for the precious metals and gems exclusion since the CPSIA was first promulgated. The vote took place Aug. 19, and the exemption becomes effective upon publication in the Federal Register, which should occur within the next few days. [UPDATE: The exemption became effective Aug. 26.]

“The jewelry industry has won an important victory over unnecessary regulation today,” says David Cochran, MJSA president and chief executive officer. “MJSA argued successfully that testing precious metal jewelry and gems does not make sense.” The association, which worked in partnership with the Fashion Jewelry Trade Association, proved that such products either are lead free or contain lead in such small amounts as to be below CPSIA lead safety requirements. "Today, the CPSC has agreed with us,” says Cochran.

The commissioners also voted to exempt the following materials sometimes used in jewelry manufacturing: titanium, most kinds of stainless steel, pearls, coral, amber, wood, natural and man-made fibers, bone, seashell, feathers, fur and leather.

The exemptions were granted, provided that the named materials haven’t been treated or changed in ways that would result in the addition of lead. They also do not apply to the non-steel or non-precious metal components of a product, such as solder or base metals in electroplate, clad, or fill applications.

For a complete list of exempted materials, see "Materials Exempted from CPSIA Lead Requirements" below.

Base Metals Makers and Sellers Must Still Comply
Though jewelry made from precious metals is now exempt from the new lead standards, manufacturers, suppliers and retailers of children’s jewelry containing base metals, must still follow the law. “It is still vitally important for those making and selling base metal jewelry to become familiar with the requirements of the CPSIA, since these products remain subject to the act’s third-party testing, certification, and labeling requirements,” says Cochran.

Base metal manufacturers and suppliers can access a step-by-step guide to CPSIA compliance, entitled, Lowering Lead, at www.mjsa.org.

Retailers who sell base metal children’s jewelry can learn more about their obligations under the CPSIA by accessing the CPSC guide titled Guidance on the Consumer Product Safety Improvement Act (CPSIA) for Small Businesses, Resellers, Crafters and Charities. It is available at http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.html.

The CPSIA, signed into law in 2008, sets federal standards for children’s products containing lead, including jewelry – along with safety regulations governing a wide array of other children’s products. On Aug. 14, 2009, the limit on how much lead can be contained in children’s jewelry dropped from 600 parts per million (ppm), or 0.06 percent, to 300 ppm. For paint or a similar surface coating on children’s jewelry, the lead standard went from 600 ppm to 90 ppm on the same date.

MATERIALS EXEMPTED FROM CPSIA LEAD REQUIREMENTS

The following materials do not exceed the lead content limits under section 101(a) of the Consumer Product Safety Improvement Act, provided that these materials have neither been treated nor adulterated with the addition of materials that could result in the introduction of lead into the product or material. The list is derived from the Consumer Product Safety Commission staff’s final rule entitled: Children’s Products Containing Lead; Determinations Regarding Lead Content Limits on Certain Materials or Products; Final Rule, which can be accessed in its entirety at www.mjsa.org.

(1) Precious gemstones: diamond, ruby, sapphire, emerald

(2) Semiprecious gemstones and other minerals, provided that the mineral or material is not based on lead or lead compounds and is not associated in nature with any mineral based on lead or lead compounds (excluding any mineral that is based on lead or lead compounds including, but not limited to, the following: aragonite, bayldonite, boleite, cerussite, crocoite, galena, linarite, mimetite, phosgenite, vanadinite, and wulfenite).

(3) Natural or cultured pearls.

(4) Wood.

(5) Paper and similar materials made from wood or other cellulosic fiber, including, but not limited to, paperboard, linerboard and medium.

(6) Printing inks that use the CMYK process (excluding spot colors, other inks that are not used in CMYK process, inks that do not become part of the substrate under 16 CFR part 1303, and inks used in after-treatment applications, including screen prints, transfers, decals, or other prints).

(7) Textiles (excluding after-treatment applications, including screen prints, transfers, decals, or other prints) consisting of:
(a) Natural fibers (dyed or undyed) including, but not limited to, cotton, kapok, flax, linen, jute, ramie, hemp, kenaf, bamboo, coir, sisal, silk, wool (sheep),
alpaca, llama, goat (mohair, cashmere), rabbit (angora), camel, horse, yak, vicuna, qiviut, guanaco;
(b) Manufactured fibers (dyed or undyed) including, but not limited to, rayon, azlon, lyocell, acetate, triacetate, rubber, polyester, olefin, nylon, acrylic,
modacrylic, aramid, spandex.

(8) Other plant-derived and animal-derived materials including, but not limited to, animal glue, bee’s wax, seeds, nut shells, flowers, bone, sea shell, coral, amber, feathers, fur, leather.

The following metals and alloys do not exceed the lead content limits under section 101(a) of the CPSIA, provided that no lead or lead-containing metal is intentionally added but does not include the non-steel or non-precious metal components of a product, such as solder or base metals in electroplate, clad, or fill applications:

(1) Surgical steel and other stainless steel within the designations of Unified Numbering System, UNS S13800 - S66286, not including the stainless steel designated as 303Pb (UNS S30360).

(2) Precious metals: gold (at least 10 karat); sterling silver (at least 925/1000); platinum; palladium; rhodium; osmium; iridium; ruthenium.

(3) Titanium.

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Lowering Lead: A Guide to Complying with the CPSIA