For purposes of this article, the following definitions shall apply:
(a) “Body piercing jewelry” means any part of jewelry that is manufactured or sold for placement in a new piercing or a mucous membrane, but does not include any part of that jewelry that is not placed within a new piercing or a mucous membrane.
(b) “Children” means children six years of age and younger.
(c) “Children’s jewelry” means jewelry that is made for, marketed for use by, or marketed to, children. For purposes of this article, children’s jewelry includes, but is not limited to, jewelry that meets any of the following conditions:
(1) Represented in its packaging, display, or advertising, as appropriate for use by children.
(2) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children.
(3) Sized for children and not intended for use by adults.
(4) Sold in any of the following:
(A) A vending machine.
(B) Retail store, catalog, or online Internet Web site, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
(C) A discrete portion of a retail store, catalog, or online Internet Web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
(d) (1) “Class 1 material” means any of the following materials:
(A) Stainless or surgical steel.
(B) Karat gold.
(C) Sterling silver.
(D) Platinum, palladium, iridium, ruthenium, rhodium, or osmium.
(E) Natural or cultured pearls.
(F) Glass, ceramic, or crystal decorative components, including cat’s eye, cubic zirconia, including cubic zirconium or CZ, rhinestones, and cloisonne.
(G) A gemstone that is cut and polished for ornamental purposes, except as provided in paragraph (2).
(H) Elastic, fabric, ribbon, rope, or string, unless it contains intentionally added lead and is listed as a class 2 material.
(I) All natural decorative material, including amber, bone, coral, feathers, fur, horn, leather, shell, or wood, that is in its natural state and is not treated in a way that adds lead.
(J) Adhesive.
(2) The following gemstones are not class 1 materials: aragonite, bayldonite, boleite, cerussite, crocoite, ekanite, linarite, mimetite, phosgenite, samarskite, vanadinite, and wulfenite.
(e) “Class 2 material” means any of the following materials:
(1) Electroplated metal that meets the following standards:
(A) On and before August 30, 2009, a metal alloy with less than 10 percent lead by weight that is electroplated with suitable under and finish coats.
(B) On and after August 31, 2009, a metal alloy with less than 6 percent lead by weight that is electroplated with suitable under and finish coats.
(2) Unplated metal with less than 1.5 percent lead that is not otherwise listed as a class 1 material.
(3) Plastic or rubber, including acrylic, polystyrene, plastic beads and stones, and polyvinyl chloride (PVC) that meets the following standards:
(A) On and before August 30, 2009, less than 0.06 percent (600 parts per million) lead by weight.
(B) On and after August 31, 2009, less than 0.02 percent (200 parts per million) lead by weight.
(4) A dye or surface coating containing less than 0.06 percent (600 parts per million) lead by weight.
(f) “Class 3 material” means any portion of jewelry that meets both of the following criteria:
(1) Is not a class 1 or class 2 material.
(2) Contains less than 0.06 percent (600 parts per million) lead by weight.
(g) “Component” means any part of jewelry.
(h) “Jewelry” means any of the following:
(1) Any of the following ornaments worn by a person:
(A) An anklet.
(B) Arm cuff.
(C) Bracelet.
(D) Brooch.
(E) Chain.
(F) Crown.
(G) Cuff link.
(H) Hair accessory.
(I) Earring.
(J) Necklace.
(K) Pin.
(L) Ring.
(M) Tie clip.
(N) Body piercing jewelry.
(O) Jewelry placed in the mouth for display or ornament.
(2) Any bead, chain, link, pendant, or other component of an ornament specified in paragraph (1).
(3) A charm, bead, chain, link, pendant, or other attachment to shoes or clothing that can be removed and may be used as a component of an ornament specified in paragraph (1).
(4) A watch in which a timepiece is a component of an ornament specified in paragraph (1), excluding the timepiece itself if the timepiece can be removed from the ornament.
(i) (1) “Surface coating” means a fluid, semifluid, or other material, with or without a suspension of finely divided coloring matter, that changes to a solid film when a thin layer is applied to a metal, wood, stone, paper, leather, cloth, plastic, or other surface.
(2) “Surface coating” does not include a printing ink or a material that actually becomes a part of the substrate, including, but not limited to, pigment in a plastic article, or a material that is actually bonded to the substrate, such as by electroplating or ceramic glazing.
(Amended by Stats. 2011, Ch. 473, Sec. 1. (SB 646) Effective January 1, 2012.)
Last modified: October 25, 2018