I am not an attorney and new to this industry - but what I do for a
living is help businesses interpret this stuff and maintain
compliance with the reg’s once we figure 'em out.
Here is what I get from this HS Code:
On or after March 1, 2008 - you can’t sell, manufacture, ship -
jewelry in CA unless it’s made from a class 1, class 2, or class 3
material or any combo of those 3. (Description of those materials
(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, wood, that is in its
natural state and is not treated in a way that adds lead.
(2) The following gemstones are not class 1 materials:
aragonite, bayldonite, boleite, cerussite, crocoite, ekanite,
linarite, mimetite, phosgenite, samarskite, vanadinite, and
(f) "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
(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.
(g) "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
ALSO - the reg. states you can't sell for new body piercing
anything that is not made from:
1) Surgical implant stainless steel.
(2) Surgical implant grade of titanium.
(3) Niobium (Nb).
(4) Solid 14 karat or higher white or yellow nickel-free gold.
(5) Solid platinum.
(6) A dense low-porosity plastic, including, but not limited to,
Tygon or Polytetrafluoroethylene (PTFE), if the plastic contains
no intentionally added lead.
Then regulation continues in describing the EPA approved methods for
testing for lead content and let’s us know the penalties for not
adhering to the law are civil in nature and that the max fine is
$2500.00 per day per violation.
There is no on how they will enforce this reg. SO - it is
therefore assumed that people will self police - know the regulation
SO now I ask the “newbie” question - is there lead in our solders? If
we request MSDS (Material Safety Data Sheets) we’d know right? I have
MSDS for welding rods so we should get them for solders too I think.
If there is lead in them - the % of that based on the total weight of
the piece will be less than.06% - I believe.
Just a stab at it - let’s see what else folks come up with or if I am
the only crazy person who likes to try to interpret this stuff!