Friday, September 26, 2008
An Update on Hazardous Substance Regulations Affecting the Jewelry Industry
While exhibiting at the MJSA Tradeshow a few weeks back, Skyray XRF received an update on hazardous substance regulations on children’s jewelry products. Below is a brief overview of some aspects of the summary that we received; detailed information can be found here.
The law was signed off as Public Law 110-314 on August 14, 2008 and addresses the definition of a children’s product, lead content and also expands the Consumer Product Safety Commission (CPSC) authority for ensuring product safety. Expanded CPSC authority means they will receive more money, people and power in the implementation of the law; including enhanced recall authority.
A common question when discussing lead content in jewelry has been “What is considered children’s jewelry”? The CPSIA-2008 law has finally defined a children’s product as “any consumer product designed or intended primarily for children twelve (12) years of age or younger”. Determining this categorization takes into account the manufacturer’s statement of intended use, targeted packaging and common recognition of the products target age group.
Acceptable lead limits will gradually decrease over two years; beginning in February of 2009 the limit will be 600 parts-per-million (ppm) total lead content by weight for any part of the product. This regulation will decrease to 300 ppm in August of 2009 and become as low as 100 ppm in August 2011 (if technically feasible).
The law covers in detail the lead limits, the exemptions from lead limits, how to test for and certify lead content, certificates, penalties and more.
In discussions with the CPSC; we have learned that XRF Analyzers are an accepted method for in-house screening of product – the CPSC is reviewing XRF as a means of certifying lead content. Since portable XRF and desktop XRF analyzers provide a fast, non-destructive and relatively inexpensive testing method companies that want to test every piece of product would want to consider this technology for in-house screening. Eventually, third party testing will be a requirement and the CPSC will be developing the details of those requirements.
It should be noted that XRF is an accepted method of certifying the level of lead in paint; no matter what the product is.
Please check back as the Skyray XRF Blog will continue to have updates on this important legislation – and feel free to post if you have any thoughts on how this law is affecting your organization.