SB1687 95TH GENERAL ASSEMBLY

LRB095 10705 CMK 30939 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1687

Introduced 2/9/2007, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

New Act

Creates the Lead in Jewelry Act. Provides that on and after March 1, 2008, a person shall not manufacture, ship, sell, or offer for sale jewelry for retail sale in the State unless the jewelry meets certain standards. Provides that on and after January 1, 2008, a person shall not manufacture, ship, sell, or offer for sale children's jewelry for retail sale in the State unless the children's jewelry meets certain standards. Provides that on and after March 1, 2008, a person shall not manufacture, ship, sell, or offer for sale body piercing jewelry for retail sale in the State unless the body piercing jewelry meets certain standards. Sets out standards for the classification of jewelry under the Act. Sets out penalties for violation of the Act. Sets out testing methods for analyzing jewelry under the Act. Provides that the Department of Commerce and Economic Opportunity may adopt rules that modify the testing protocols specified as it deems necessary to further the purposes of this Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Lead in Jewelry Act.

Section 5. Definitions. For the purposes of this Act:

"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.

"Children" means children aged 6 and younger.

"Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to, children. For purposes of this Act, 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, catalogue, or online 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, catalogue, or online Web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

"Class 1 material" means any of the following materials:

(1) Stainless or surgical steel.

(2) Karat gold.

(3) Sterling silver.

(4) Platinum, palladium, iridium, ruthenium, rhodium, or osmium.

(5) Natural or cultured pearls.

(6) Glass, ceramic, or crystal decorative components, including cat's eye, cubic zirconia, including cubic zirconium or CZ, rhinestones, and cloisonne.

(7) Elastic, fabric, ribbon, rope, or string, unless it contains intentionally added lead and is listed as a class 2 material.

(8) 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.

(10) Adhesive.

The following gemstones are not class 1 materials: aragonite, bayldonite, boleite, cerussite, crocoite, ekanite, linarite, mimetite, phosgenite, samarskite, vanadinite, and wulfenite.

"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% 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% lead by weight that is electroplated with suitable under and finish coats.

(2) Unplated metal with less than 1.5% 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% (600 parts per million) lead by weight.

(B) On and after August 31, 2009, less than 0.02% (200 parts per million) lead by weight.

(4) A dye or surface coating containing less than 0.06% (600 parts per million) lead by weight.

"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% (600 parts per million) lead by weight.

"Component" means any part of jewelry.

"EPA reference methods 3050B (Acid Digestion of Sediments, Sludges and Soils) or 3051 (Microwave Assisted Digestion/ Sludge, Soils)" means those test methods incorporated by reference in paragraph (11) of subdivision (a) of Section 260.11 of Title 40 of the Code of Federal Regulations.

"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) Decorated hair accessories.

(I) Earring.

(J) Necklace.

(K) Pin.

(L) Ring.

(M) Body piercing jewelry.

(2) Any bead, chain, link, pendant, or other component of an ornament specified in paragraph (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.

"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.

Section 10. Jewelry; sale.

(a) On and after March 1, 2008, a person shall not manufacture, ship, sell, or offer for sale jewelry for retail sale in the State unless the jewelry is made entirely from a class 1, class 2, or class 3 material, or any combination thereof.

(b) Notwithstanding subdivision (a), on and after January 1, 2008, a person shall not manufacture, ship, sell, or offer for sale children's jewelry for retail sale in the State unless the children's jewelry is made entirely from one or more of the following materials:

(1) A nonmetallic material that is a class 1 material.

(2) A nonmetallic material that is a class 2 material.

(3) A metallic material that is either a class 1 material or contains less than 0.06% (600 parts per million) lead by weight.

(4) Glass or crystal decorative components that weigh, in total, no more than one gram, excluding any glass or crystal decorative component that contains less than 0.02% (200 parts per million) lead by weight and has no intentionally added lead.

(5) Printing ink or ceramic glaze that contains less than 0.06% (600 parts per million) lead by weight.

(6) Class 3 material that contains less than 0.02% (200 parts per million) lead by weight.

(c) Notwithstanding subdivision (a), on and after March 1, 2008, a person shall not manufacture, ship, sell, or offer for sale body piercing jewelry for retail sale in the State unless the body piercing jewelry is made of one or more of the following materials:

(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.

Section 15. Penalty.

(a) A person who violates this Act shall be liable for a civil penalty not to exceed $2,500 per day for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.

(b) In assessing the amount of a civil penalty for a violation of this Act, the court shall consider all of the following:

(1) The nature and extent of the violation.

(2) The number and severity of the violations.

(3) The economic effect of the penalty on the violator.

(4) Whether the violator took good faith measures to comply with this Act and the time these measures were taken.

(5) The willfulness of the violator's misconduct.

(6) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.

(7) Any other factor that justice may require.

Section 20. Testing.

(a) The testing methods for determining compliance with this Act shall be conducted using the U.S. Environmental Protection Agency reference methods 3050B or 3051 for the material being tested, except as otherwise provided in Section 25, and in accordance with all of the following procedures:

(1) When preparing a sample, the laboratory shall make every effort to assure that the sample removed from a jewelry piece is representative of the component to be tested, and is free of contamination from extraneous dirt and material not related to the jewelry component to be tested.

(2) All jewelry component samples shall be washed prior to testing using standard laboratory detergent, rinsed with laboratory reagent grade deionized water, and dried in a clean ambient environment.

(3) If a component is required to be cut or scraped to obtain a sample, the metal snips, scissors, or other cutting tools used for the cutting or scraping shall be made of stainless steel and washed and rinsed before each use and between samples.

(4) A sample shall be digested in a container that is known to be free of lead and with the use of an acid that is not contaminated by lead, including analytical reagent grade digestion acids and reagent grade deionized water.

(5) Method blanks, consisting of all reagents used in sample preparation handled, digested, and made to volume in the same exact manner and in the same container type as samples, shall be tested with each group of 20 or fewer samples tested.

(6) The results for the method blanks shall be reported with each group of sample results, and shall be below the stated reporting limit for sample results to be considered valid.

(b) In addition to the requirements of subsection (a) of this Section, the following procedures shall be used for testing the following materials:

(1) For testing a metal plated with suitable undercoats and finish coats, the following protocols shall be observed:

(A) Digestion shall be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide.

(B) The sample size shall be 0.050 gram to one gram.

(C) The digested sample may require dilution prior to analysis.

(D) The digestion and analysis shall achieve a reported detection limit no greater than 0.1% for samples.

(E) All necessary dilutions shall be made to ensure that measurements are made within the calibrated range of the analytical instrument.

(2) For testing unplated metal and metal substrates that are not a class 1 material the following protocols shall be observed:

(A) Digestion shall be conducted using hot concentrated nitric acid with the option of using hydrochloric acid and hydrogen peroxide.

(B) The sample size shall be 0.050 gram to one gram.

(C) The digested sample may require dilution prior to analysis.

(D) The digestion and analysis shall achieve a reported detection limit no greater than 0.01% for samples.

(E) All necessary dilutions shall be made to ensure that measurements are made within the calibrated range of the analytical instrument.

(3) For testing polyvinyl chloride (PVC), the following protocols shall be observed:

(A) The digestion shall be conducted using hot concentrated nitric acid with the option of using hydrochloric acid and hydrogen peroxide.

(B) The sample size shall be a minimum of 0.05 gram if using microwave digestion or 0.5 gram if using hotplate digestion, and shall be chopped or comminuted prior to digestion.

(C) Digested samples may require dilution prior to analysis.

(D) Digestion and analysis shall achieve a reported detection limit no greater than 0.001% (10 parts per million) for samples.

(E) All necessary dilutions shall be made to ensure that measurements are made within the calibrated range of the analytical instrument.

(4) For testing plastic or rubber that is not polyvinyl chloride (PVC), including acrylic, polystyrene, plastic beads, or plastic stones, the following protocols shall be observed:

(A) The digestion shall be conducted using hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide.

(B) The sample size shall be a minimum of 0.05 gram if using microwave digestion or 0.5 gram if using hotplate digestion, and shall be chopped or comminuted prior to digestion.

(C) Plastic beads or stones shall be crushed prior to digestion.

(D) Digested samples may require dilution prior to analysis.

(E) Digestion and analysis shall achieve a reported detection limit no greater than 0.001% (10 parts per million) for samples.

(F) All necessary dilutions shall be made to ensure that measurements are made within the calibrated range of the analytical instrument.

(5) For testing coatings on glass and plastic pearls, the following protocols shall be observed:

(A) The coating of glass or plastic beads shall be scraped onto a surface free of dust, including a clean weighing paper or pan, using a clean stainless steel razor blade or other clean sharp instrument that will not contaminate the sample with lead. The substrate pearl material shall not be included in the scrapings.

(B) The razor blade or sharp instrument shall be rinsed with deionized water, wiped to remove particulate matter, rinsed again, and dried between samples.

(C) The scrapings shall be weighed and not less than 50 micrograms of scraped coating shall be used for analysis. If less than 50 micrograms of scraped coating is obtained from an individual pearl, multiple pearls from that sample shall be scraped and composed to obtain a sufficient sample amount.

(D) The number of pearls used to make the composite shall be noted.

(E) The scrapings shall be digested according to EPA reference method 3050B or 3051 or an equivalent procedure for hot acid digestion in preparation for trace lead analysis.

(F) The digestate shall be diluted in the minimum volume practical for analysis.

(G) The digested sample shall be analyzed according to specification of an approved and validated methodology for inductively coupled plasma mass spectrometry.

(H) A reporting limit of 0.001% (10 parts per million) in the coating shall be obtained for the analysis.

(I) The sample result shall be reported within the calibrated range of the instrument. If the initial test of the sample is above the highest calibration standard, the sample shall be diluted and reanalyzed within the calibrated range of the instrument.

(6) For testing dyes, paints, coatings, varnish, printing inks, ceramic glazes, glass, or crystal, the following testing protocols shall be observed:

(A) The digestion shall use hot concentrated nitric acid with the option of using hydrochloric acid or hydrogen peroxide.

(B) The sample size shall be not less than 0.050 gram, and shall be chopped or comminuted prior to digestion.

(C) The digested sample may require dilution prior to analysis.

(D) The digestion and analysis shall achieve a reported detection limit no greater than 0.001% (10 parts per million) for samples.

(E) All necessary dilutions shall be made to ensure that measurements are made within the calibrated range of the analytical instrument.

(7) For testing glass and crystal used in children's jewelry, the following testing protocols for determining weight shall be used:

(A) A component shall be free of any extraneous material, including adhesive, before it is weighed.

(C) The calibration of the scale shall be accurate to within 0.01 gram.

Section 25. Authority. The Department of Commerce and Economic Opportunity may adopt rules that modify the testing protocols specified as it deems necessary to further the purposes of this Act.