Lead Content Regulation
Oct. 2008
ILLINOIS
The Illinois Attorney General will soon enforce the labeling required under Illinois Public Act 094-0879. The label is required on all products for the general public that contain over 600 ppm lead. There is no exception for crystal, rhinestone or other materials. This regulation applies to jewelry and accessories other than children’s.
The required warning reads “Warning contains lead. May be harmful if eaten or chewed. May generate dust containing lead. Keep out of the reach of children”. The law refers to CPSC regulation 16 CFR 1500.121 to specify the tag or package placement on the product. The tag shall be no less than five square inches and shall be securely affixed to the article.
CONNECTICUT
Public Act 08-106 became effective October 1, 2008. This law has an identical labeling requirement to the Illinois law above.
FEDERAL
Federal Law HR4040 became effective August 20, 2008. The law standards for the lead and phthalate content in children’s products.
These products are defined “as a consumer product designed or intended primarily for children 12 and under.
Effective November 12, 2008 manufacturers must certify that all children’s products comply with all rules, bans standards and regulations. This will remain in effect until third party testing requirements are established.
Effective December 12, 2008 third party testing for lead paint on children’s products must be done by accredited laboratories. The lead paint limit is 90 ppm. Under the law in California and Minnesota the lead paint limit on adult jewelry is 600 ppm.
Effective February 12, 2009 all children’s products in inventory or on store shelves must meet the 600 ppm lead standard as well as the 90 ppm lead paint limit.
Effective March 12, 2009 children’s metal jewelry must be tested by accredited laboratories.
Effective August 12, 2009 children’s products in inventory or on store shelves must meet a 300 ppm lead limit and the 90 ppm lead paint limit.
Note: There is no exemption for crystal, rhinestone or other materials in the federal law.
HR 4040 gives State Attorney’s General the power to enforce the law. We can expect vigorous enforcement of this law.