Etsy's Handmade Blog
Safety First: California's Lead in Jewelry Law
Story by SarahSays
Published on February 12, 2008 in How-To 		Photo by James Rye on flickr - This "isn't a photo of lead, but a macro shot of the steel handrail outside the Tate Art Gallery in London"


Safety issues, laws, and consumer protection: these are serious matters, and Etsy, as a venue, advocates that all Etsy sellers go above and beyond to make sure that their items are safe for buyers. We can help here at the Storque by shedding some light on these issues, because awareness will benefit both buyers and sellers and the marketplace as a whole. Lead in jewelry is one such safety issue, and below SarahSays outlines how this might affect your businesses.

SarahSays, Etsy's in-house attorney, writes a series for the Storque called Legal Info for Artists. You can find all her pieces by clicking the featured column to the left.

Laws, laws, laws.  There are so many laws!  And every day we are all affected by these laws.  Thank goodness most laws exist for good reasons.  The intent of many laws is to promote the health and safety of society or to help society function more smoothly.

When you sell things on Etsy or on other online marketplaces, you need to make sure you comply with a number of laws.  And I’m not just talking about the Etsy policies (like Etsy’s Terms of Use); I’m also talking about state or country government laws.  For example, each Etsy seller must comply with the laws of their local area in addition to the laws regarding the actual items made.  It can be overwhelming, to say the least, to keep up to date with these laws.  And an even more overwhelming thought: laws tend to change.  

In my Storque column, I will feature laws that are relevant to the Etsy community.  For this article I will examine California’s Lead-Containing Jewelry Law. In order to help protect children from exposure to lead, which can cause many health issues including behavioral problems, learning disabilities, organ failure and even death, California enacted the Lead-Containing Jewelry Law.  This law intends to limit the amount of lead in jewelry, including children’s jewelry and body piercing jewelry.  The law is effective for children’s jewelry as of September 1, 2007 and for all other jewelry March 1, 2008. 

Basically, this law says a person must not manufacture, ship, sell, or offer jewelry for retail sale in California unless it is made entirely from one or more of the materials specified in the law  (“jewelry” includes earrings, pins, rings, chains, beads, and pendants).  It provides a laundry list of materials that are fine for jewelry.  The law states that children's jewelry, for example, must be made out of nonmetallic "class 1" or "class 2" material and matallic material must contain <0.06% (600 ppm) lead by weight.  Adult jewelry must be made of "class 1" materials like stainless or surgical steel, gold, sterling silver, platinum, natural or cultured pearls, glass, ceramic, bone, coral, feathers, fur, horn leather, shell, wood, ribbon, rope, string or gemstones.  Adult jewelry may also contain "class 2" material like electroplated metal.  If the adult jewelry is not made from accepted material, it cannot contain over .06% (600 ppm) lead by weight.  For a full list of material allowed for jewelry, check out the links below.

So, what if you have an antique treasure and you’re not sure what material it’s made out of or if it contains lead?  According to the Lead-Containing Jewelry law, you should use EPA Test Method 3050B or 3051 to test for lead.  Check out the California Department of Public Health's list of accredited laboratories.  I contacted California's Department of Toxic Substances Control for information about testing kits, but as of yet, I have not heard back from them.  I will post a comment below when if I receive additional information.

Who is affected by this law?  This law applies to people who manufacture, ship, sell, or offer jewelry for retail sale in California.  That means, if you offer your jewelry to Californians, this law affects you. 

For additional information, please visit the California Department of Substances Council website, or check out this Fact Sheet or these FAQs.  According to the fact sheet, contact Ann Hanger or Nancy Ostrom with any questions.

When Etsy, as a venue, receives a notice from a governmental entity, we will act on it.  And while we know you mean well by keeping the "neighborhood watch" for the Etsy community, please don't call other sellers out if you suspect lead is in their items.  It's not a good idea to jump to conclusions concerning another seller and violations of this or any other law!  If you have serious concerns about another seller's work or your own, please convo me at SarahSays.etsy.com. 

If you know of an important law regarding your craft and you think I should mention it in an upcoming Storque article, please comment below or convo me!

Tags jewelry, law, Lead in Jewelry, Legal Info for Artists, safety, Seller Handbook, selling
All articles in How-To
Related Items
This article was reported by:
Etsy Admin
SarahSays
shop . profile . contact

35 comments     Login to add your own!

Feb. 12, 2008 at 1:03 p.m. shannon75

This is good to know-I sometimes use fleamarket findings in my pieces and would have never thought that they may contain lead. I do know that swarovski crystals contain a certain amount of lead.

Feb. 12, 2008 at 1:10 p.m. mudandmint

any plated or base metal finding can contain trace amounts of lead and unless you know how much... yikes!

this is going to affect MANY jewelry sellers on this site.

Feb. 12, 2008 at 1:51 p.m. fairytalefibers

Wow. That could be a huge blow to upcyclers who make jewelry from found objects. I'll be checking back to read about those testing kits. The Trashion Street team is going to want to know about those!
Thanks for this article!

Feb. 12, 2008 at 2:22 p.m. maggie

Found this site:

http://www.dtsc.ca.gov/upload/Additio...

Halfway down the page, they mention that the acceptable test methods are both destructive tests, so not useful for one of a kind items.

Feb. 12, 2008 at 2:44 p.m. historicallytoo

SarahSays--can you weigh in on something for me?

I use pewter in my work (other shop, historicallyinspired) as well as vintage brass and lots of recycled jewelry bits. I am leaning in the direction of simply not shipping anything that I cannot verify does not contain lead to California. I will place notice of this policy in my shop and refund and cancel any sales with ship-to addresses in California (or offer them an upgrade to all sterling findings, if appropriate).

Is this ok? Or does the law apply to *everything* I sell, even if I only ship conforming items to California.

Feb. 12, 2008 at 2:54 p.m. SarahSays

shannon75- I'm glad you found this article helpful. Actually, the FAQ link that I posted talks about swarovski crystals.

mudandmint- yes, this will affect many sellers. I think it's important to talk to suppliers about this issue if you have concerns.

fairytalefibers- you're very welcome. And I hope to get some more information about testing kits soon.

maggie- great link (actually, it's the same link as my FAQ link...but we're on the same brainwave) :)

historicallytoo- Well, the law states that it applies to those who "offer" the jewelry to CA. So it seems that you do not have to actually sell it in CA for you to have to comply. According to the FAQ link I posted, copper and bronze would fall under Class 2 materials for adult jewelry. For questions, I would contact the experts mentioned in this article. And please, post any relevant information you receive.

Feb. 12, 2008 at 2:57 p.m. haptotrope

Info about Swarovski Crystals.
http://jewelry-business-blog.com/jewe...

And other links about this law:
http://jewelry-business-blog.com/jewe...

Tho it seems to me that its limited to children's jewelry and body piercing jewelry... so I'm guessing that if you do not use base-metal posts and french hooks, and don't make jewelry for children...

But then I'm not a lawyer, though I get a kick out of "if you offer these items for sale in CA... while in an internet world, that means "everyone on etsy"... wierd.

Feb. 12, 2008 at 2:58 p.m. Sarahkat

Sarah, thank you for writing this. So it sounds like a warning isn't enough precaution. Now I'm worried about one of a kind items being ruined in the lead tests. Oh me, oh my!

Feb. 12, 2008 at 4:47 p.m. terrain

I would love it if you could address the U.S. Federal Trade Commission standards on selling gemstones and precious metals.

http://www.ftc.gov/bcp/guides/jewel-g...

Namely sections 23.23 and 23.24 that address fraudulent labelling of precious and semi-precious stones.

As someone who has both been the unfortunate recipient of fake stones bought here on Etsy, and someone who makes a concerted effort to accurately identify and name all of my materials, this is an issue near and dear to my heart and those of many other jewellery and stone sellers here on Etsy. So many threads have been started about this issue! Selling fakes hurts not just our customers but also devalues the businesses of those who responsibly source and price their work.

Thanks for this article! I look forward to reading more.

Feb. 12, 2008 at 4:55 p.m. historicallytoo

I've just sent the two ladies referenced above an e-mail and will report back if I hear anything.

Essentially I asked if putting a notice in the shop policies section and/or the original listing that these items were not for sale in California (and then canceling any attempted orders) was sufficient to meet the burden of the new law.

Feb. 12, 2008 at 5:06 p.m. SarahSays

terrain - Great idea. I will add that FTC issue to my long (very long) list of upcoming articles.

historicallytoo- Wonderful. Please convo me (or post a comment) when you hear back. I know many Etsy sellers will benefit from this information. Thanks!

Feb. 12, 2008 at 10:12 p.m. TheBrassHussy

Sarah,

Are you able to confirm on whether this law applies to all sellers, or are small companies with under 10 ee's excluded? I thought I saw something on that somewhere.

Thanks!

Feb. 13, 2008 at 2:12 p.m. historicallyinspired

SarahSays:

(this historicallytoo in different clothing)

I just heard back from Ann Hanger regarding my question and here is an excerpt from her response (I will send you the full e-mail via convo):

"If you believe the items you sell are not in compliance with California's Lead-Containing Jewelry Law and you are prohibiting the sale of the non compliant items for retail sale in California (by taking the measures you describe below), then it does not appear there would be a violation of California's Lead-Containing Jewelry Law."

So, in short, it sounds like the method I proposed above (putting an announcement either in the individual listings or in our shop policy section and then canceling and refunding any orders from California customers) would be sufficient.

It'll be a pain to implement, and may lead to some angry CA customers, but I'd rather be careful since I am set up as a sole proprietor and would be personally liable for any fines levied against me.

Feb. 13, 2008 at 2:18 p.m. historicallyinspired

TheBrassHussy,

It sounds to me like there is no exemption for small businesses at all.

Feb. 13, 2008 at 3:09 p.m. SarahSays

historicallyinspired (aka historicallytoo) thanks for sharing your information.

TheBrassHussy, according to the FAQ, this seems to affect even small businesses.

Well, I got my answer and I as I promised, I will share it here:

"The Department of Toxic Substances Control does not provide information on lead testing kits for consumers. Our website notes that there are conflicting opinions about home test kits. In October of 2007, the U.S. Consumer Product Safety Commission issued a study advising that home test kits it evaluated were unreliable. The U.S. CPSC noted that professional screening is the best way to determine exact and complete lead levels in and on an object.

On the other hand, noted consumer magazine Consumer Reports recently issued a press release stating it found three home lead test kits that offered some limited lead detection screening if the lead was on the surface or otherwise accessible on an item. The kits, however, do not tell the amount of lead that’s present.

Etsy's members and vistors are encouraged to visit our web site for more information on Frequently Asked Questions About Lead in Jewelry by Businesses at the following link: http://www.dtsc.ca.gov/LeadInJewelry....

Well, that's some information. Please share any other answers with me! Thanks!

Feb. 13, 2008 at 8:46 p.m. eclipse

"matallic (sic) material must contain <0.06% (600 ppm) lead by weight"
what about non-metallic material? Is there a lead % limit for non-metallic materials too?
Swarovski crystal contains approximately 32% lead by weight, way over the limit for metals, but it sounds like the lead limits don't apply to crystals based on the blog link haptotrope posted.

The FAQ link you posted
http://www.dtsc.ca.gov/upload/Additio...
leads to a 404 error page

Do you know if this law also applies to selling jewelry findings, as well as finished jewelry? Like if I buy earring hooks in a CA craft store, does that mean they comply with CA law and are safe to use in jewelry I plan to sell?

I am a bit surprised that copper and brass are not in class 1, they don't contain any lead.

Feb. 13, 2008 at 8:51 p.m. TheBrassHussy

Looks like I wont be selling any brass earrings to CA customers. As long as the jewelry is non piercing, it can be brass. So I will put a warning in each earring listing. Then if someone from CA buys from me, I will have to cancel the sale. That is what I got from reading all this.

Feb. 14, 2008 at 2:07 a.m. eclipse

The "body piercing jewelry" is defined as jewelry made to go in a newly pierced hole, like the stud earrings used in piercing guns, so does that section really apply to earwires for dangly earrings, which people don't use in fresh piercings? I think most earrings would fall under "other jewelry" since they are intended for healed piercings not fresh piercings.

Also it only applies to the part that goes through the hole, the post for example, and not any other part of the earring. (like the decorative dangly bits)

Feb. 14, 2008 at 2:01 p.m. sweetrice

Are findings from California up to standard? I sometimes use Blue Moon findings, I notice they are from CA. Someone in a craft store told me they were okay. Are producers of findings going to list the lead content on the package?

Thank you, Lori

Feb. 17, 2008 at 2:14 p.m. curvilinear

All of these questions are very helpful. I will stick to sterling silver, even if it makes my jewelry a little more expensive. Yesterday I was in a bead store in Virginia and they had a display of really nice pewter charms. But, no where did they have a sign warning that they might contain lead. When I asked the sales clerk if they were lead free, she said, we have no way of knowing, which I interpreted as "might contain lead" So, be careful.

Feb. 18, 2008 at 11:25 a.m. Alesi

Is there another link to access the FAQ's in the article? The one posted leads to an error page.

Feb. 18, 2008 at 11:27 a.m. TheBrassHussy

according to this FAQ, it does not apply to business with 9 or less ee's. I am sooo confused.

http://ag.ca.gov/prop65/faq.php

Feb. 18, 2008 at 11:40 a.m. TheBrassHussy

please delete my last comment. I don't think it applies.

Feb. 18, 2008 at 11:40 a.m. SarahSays

Eclipse and Alesi, this is so strange that the FAQs lead to an error page. I found the FAQs listed here too: http://www.dtsc.ca.gov/upload/Additio...

And TheBrassHussy, according to the FAQs that I just posted:

Q: Does the law apply to anyone selling online and then shipping to California?
A: Yes, the law applies to anyone who manufactures, ships, sells, or offers for sale jewelry for retail sale in California, including online establishments.

Sarah

Feb. 19, 2008 at 2:08 a.m. eclipse

curvilinear, modern pewter is almost always lead-free. Antique pewter can contain lead but if these were new charms I think they are lead-free.

Honestly I think this lead-scare has gone a bit too far because lead doesn't absorb through your skin when it's in a solid metal. Jewelry for adults doesn't get eaten or chewed on, and the lead doesn't leach out or become airborne. But California leads the nation as the Big Brother state, yay for us. :p
We can't bake with silver dragees either. Seriously, those little silver cookie decorations are illegal here. Because if you ate 5 pounds of them, it could be toxic.

Feb. 23, 2008 at 11:11 a.m. lavajewelry

I wanted to mention that there are a few gemstones that do not fit into California's Class 1 definition. (Yes, I'm going to have to get rid of a few of my gemstones, or simply not offer them for sale.)

"The following stones do not fit in Class 1: aragonite, bayldonite, boleite, cerussite, crocoite, ekanite, linarite, mimetite, phosgenite, samarskite, vanadinite and wulfenite."

Oh, and somebody earlier mentioned Swarovski crystals. Here's the deal: You may include up to 1 gram total weight of Swarovski crystals in jewelry for children. There are no such restrictions on Swarovski crystals in jewelry for adults.

March 5, 2008 at 7:09 p.m. chetti

It is confusing, but Prop 65 is a different law than the Lead-Containing Jewelry Law. Prop 65 contains the "warning" requirement, whereas this newer law restricts what jewelry can be made of.

(It looks like the newer law applies to all of us who sell jewelry in California.)

Anyway, I'm actually posting because I'm in the process of hiring a lab to test some findings that I own. I bought them a long time ago in bulk from a former bead shop owner, and there are tons of base metal pieces.

The lab I found charges $25 per sample, and you can just mail-in what you want them to test. However, as you guys already know, the test does require that they destroy the item - so it's not helpful for anything super-valuable.

I did use a home lead test kit today on some of my things. You rub this little stick on the item, and it turns pink if lead is present. Lead was present. :(

Out of curiosity, I also ran the test on a Swarovski crystal - and it also turned pink, but just barely.

Anyway, if you're curious about a piece, you might try the "over the counter" kit first (I probably got mine at Rite Aid) just to see if it picks anything up.

~Chris

March 14, 2008 at 3:50 p.m. Metaluna

A law banning sales of leaded childrens jewelry was recently passed in Massachusetts:

http://www.thebostonchannel.com/healt...

March 15, 2008 at 11:45 a.m. bijoutery

According to this article there are similar bans in Minnesota, Illinois, and Michigan
http://www.latimes.com/business/la-fi...

I think its safe to say that eventually this type of regulation of lead in jewelry will be in effect for all states, so you might as well start preparing for it now.

March 15, 2008 at 11:47 a.m. bijoutery

And just found another article that states that New York and Indiana have pending laws.
http://findarticles.com/p/articles/mi...

March 15, 2008 at 5:29 p.m. calloohcallay

I just got an order from California (of course) for a steampunk necklace--was planning to use some vintage steel and brass watch gears with it. It's nonpiercing, but my reading of this is it's still iffy?

What I've read makes it sound like it doesn't apply to vintage jewelry (yet), so would the same be true of vintage components?

July 3, 2008 at 1:41 p.m. FGMoriginals

I had no idea this was sooo big! I am just beginning to do my jewelry and I live in California!! Does this mean that all of the work I have (ready to sell) cannot be shipped in state? I buy vintage, and have purchased new from retailers throughout the world! My jewelry is all one-of-a-kind. Should I just not sell??

Nov. 28, 2008 at 1:42 p.m. missevilkitty2

anyone know any beads suppliers in california that offer antique brass chain thats nickle free ? I know theres some etsy shops from hongkong that sell it but id like to find more here in the states ? anyone ?

Dec. 13, 2008 at 9:38 p.m. merelle

I have added No Shipping to California to my listings on vintage costume jewelry until I know more. Does anyone know for sure if this law pertains to vintage jewelry?

Dec. 29, 2008 at 10:37 p.m. SilviaMaciasDesigns

I was just at http://www.dtsc.ca.gov/leadinjewelry.cfm
and found that there have been revisions to the law that
take effect January 2009...

New!! Effective January 1, 2009, AB 2901 revises California's Lead-Containing Jewelry Law. AB 2901:

* Expands the definition of "jewelry" to include watches and detachable clothing and shoe ornaments.
* Extends the law's restrictions to items offered for promotion.
* Requires manufacturers or suppliers to provide certification that their jewelry meets the requirements of this law.
* Enhances DTSC's enforcement authority.

Previous Page | Next Page