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Product Responsibility Best Practices

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1. to Tygon or Polytetrafluoroethylene PTFE if the plastic contains no intentionally added lead All other jewelry must be made from Class 1 Class 2 or Class 3 materials or a combination thereof In order to comply with the California Lead Containing Jewelry Law a manufacturer or supplier of jewelry must provide certification that the jewelry is in compliance This certification should be provided to the person who is distributing the jewelry or the certification can be displayed prominently on the shipping container or on the jewelry s packaging Additionally the manufacturer or supplier must upon request from the DTSC and within 28 days provide to DTSC technical documentation or other information showing that the jewelry is in compliance with the law Illinois Lead Poisoning Prevention Act Became effective January 1 2010 and like Prop 65 is essentially a labeling law This act affects all consumer products inclusive of jewelry and mandates a warning label if a product falls within a certain threshold Children s jewelry is defined by the state of Illinois as jewelry marked for use by or marketed to children under the age of 12 e f the lead content in the substrate or the surface coating is less than 40 ppm no labeling is required e lf the lead content in the surface coating is greater than 40 ppm but less or equal to 90 ppm which is the federal requirement for children s products labeling is required e f th
2. Cannot Be Affixed To The Jewelry In many cases it would be considered impracticable to mark the jewelry itself with a permanent tracking label for one of the following reasons e Product is too small to be marked e The mark would weaken or damage the product e Product s surface would be impossible to mark ex elastics beads small pieces of fabric e The aesthetics of the product would be ruined by the mark and the mark cannot be placed in an inconspicuous location e f the item is sold as a set or in or pairs i e hair ornaments or earrings only one of the items must be marked In these cases the tracking label should be applied to the packaging Given the type of product and packaging each manufacturer is ultimately responsible to make a reasonable judgment about which of the required information can be marked on their product and packaging While jewelry manufacturers may deem it not practicable to mark the product it may still be practicable for affix the tracking label to the product s packaging 2 Rhode Island Children s Jewelry Safety Act is the adoption of ASTM F963 11 Consumer Safety Specification for Toy Safety as a mandatory standard making Rhode Island the first state to approve an all encompassing standard for children s jewelry Children s jewelry manufactured after December 18 2012 must conform to the requirements of this standard This standard defines children s jewelry as jewelry de
3. PERFORMER TITO NEA ERR OCC oie he oo OO A TRON ERIEN EFR NTA TONETA SUBJECT Jewelry Product Kesponsibility APPLIES TO Suppliers Distributors QUICK LINKS Product Responsibility Best Practices LAST UPDATE March 20 2010 FOCUS ON Various standards federal and state regulations that apply to both adult and children s jewelry PPAl Corporate Kesponsibility www ppai org inside ppai corporate responsibility UL industries ul com premiums promotional and licensed goods Consumer Product Safety Commission www cpsc gov Available For Purchase PPA Sourcing And Compliance Manual www ppai org shop product safety Italic grey text indicates a hyperlink listed in the Online Resources section of this document Background Several federal and state regulations apply to both adult and children s jewelry that affect the promotional products industry These include but are not limited to ASTM standards CPSC regulations California regulations including California Proposition 65 and California s Metal Containing Jewelry Law other state regulations and Federal Trade Commission requirements as well as standard performance and quality testing Standards ASTM Standards The ASTM International formerly Known as the American Society for Testing and Materials is a global recognized leader of international voluntary standards Over 12 000 standards are used for many different types of products and industries aroun
4. Phthalates lt 1 000 parts per million e Cadmium lt 75 parts per million e Lead lt 200 parts per million for substrates lt 90 parts per million for surface coatings California Metal Containing Jewelry Law was actually born from various Proposition 65 settlements with numerous jewelry manufacturers The Department of Toxic Substances Control DTSC is responsible for enforcing California s law to protect children and adults from PAR TOIMEOS FOUN Ate the GUS Asie oO Od A TT FONTEN TE tne Nie a elie lt Oe Nee exposure to lead and cadmium in jewelry In some cases 3 A metallic material that is either a Class 1 material distributors know exactly what state and location an item or contains less than 0 06 percent 600 parts per will be distributed in when the item is used for a specific million lead by weight promotion or event only taking place in one location Other times promotional products are distributed nationwide and 4 Glass or crystal decorative components that weigh cannot be segregated In these cases all products must in total no more than one gram excluding any glass comply with California s regulations or crystal decorative component that contains less than 0 02 percent 200 parts per million lead by Note If you choose to use the California Proposition 65 weight and has no intentionally added lead warning label to comply with that regulation it does not relieve you of your obligations under this jewelry law 5 Prin
5. and younger Washington Children s Safe Product Act HB 2647 also requires a total cadmium test with limits of 0 004 by weight and like CPSIA it applies to children s products for children under the age of 12 Battery Operated Jewelry Items Battery operated jewelry items have additional requirements Mercury Content in Batteries Law This is a United States Public Law and also a state regulation Novelty items or items designed for children must have less than 5 milligrams per cell of total mercury Non novelty items must not have more 25 milligrams per cell of total mercury FCC Part 15 may also apply if the device generates frequency at more than 1 705 MHz If the jewelry item does fall within the scope of this requirement FCC declaration of conformity and or an FCC ID on the product is required In addition the product s user manual must contain cautionary statements Mercury Containing amp Rechargeable Battery Management Act states that batteries and rechargeable consumer products without easily removable batteries must be labeled in accordance with this regulation Easily removable means that at the end of the life of the battery it can be detached or removed from a consumer product by a consumer with the use of common tools INTERNATIONAL Federal Trade Commission FTC Guides for the Jewelry Precious Metals and Pewter Industries There are specific requirements as to the labeled claims for jewelry precious metal
6. ct CPSIA If it is determined that jewelry can be considered children s jewelry specific requirements will apply e For accessible substrate materials both metal and non metal the allowable limit is 100 parts per million opm A substrate is the casting raw standing or other base material used prior to finishing e For surface coatings the allowable limit is 90 ppm A surface coating is a fluid semi fluid or other pee OnVieOs te tOeNG eesti a UO mimo i S S O CATON INTERNATIONAL material that changes to a sold film when a thin layer is applied to metal wood stone paper plastic or another surface In order to determine if the item has a surface coating a lab will use a razor blade to scrape the surface If the coating can be removed without the substrate it is considered to have a surface coating and tested as such Specific test methods are provided by the CPSC for metal substrates non metal substrates and surface coatings For children s products third party testing and tracking labels are required 1 Third Party Testing This is mandatory You must have your children s jewelry tested by a CPSC approved and accredited laboratory A list of accepted labs is available on the CPSC website www cpsc gov cgi bin labsearch 2 Tracking Labels Tracking labels are required for all children s products They must be on the product to the extent practicable and on its packaging When A Tracking Label
7. d the world Some ASTM standards have been adopted as mandatory standards either by federal or state government One example is the ASTM F963 11 Consumer Safety Specification for Toy Safety This standard was voluntary until the enactment of CPSIA and has since been adopted as a mandatory standard There is also an ASTM standard for adult jewelry ASTM F2999 Standard for Consumer Safety Specification for Adult Jewelry This is currently a voluntary standard It does not cover every conceivable hazard of adult jewelry product performance or quality except as it relates to safety It also sets requirements for lead body piercing jewelry batteries suction tongue studs batteries and requires that statements of nickel content must be based on reliable testing ASTM F2923 Consumer Product Safety for Children s Jewelry is a voluntary standard for children s jewelry This specification establishes requirements and test methods for specified elements and certain mechanical hazards in children s jewelry It also includes recommendations for age labeling and warnings as well as guidelines on identifying the primary intended users namely children or adults The specification also lists the lead content limits for children s jewelry the materials that are excluded from the lead limits in children s jewelry and the approved materials for children s body piercing jewelry Regulations Consumer Product Safety Improvement A
8. e and after testing There is also a yield point failure test which is essentially a destructive pull test Posts can be tested to determine yield strength and if they will within stand bending material by determining how resistant it is to penetration Colorfastness testing can help determine if any color will rub off onto the wearers clothing or furniture Transit testing will help ensure the jewelry does not get damaged during transit this can be an important test particularly for expensive jewelry Online Resources ASTM www astm org ASTM F963 11 Consumer Safety Specification for Toy Safety www astm org Standards F963 htm ASTM F2999 Standard for Consumer Safety www astm org DATABASE CART HISTORICAL F2999 13 htm ASTM Standards www astm org search fullsite search html query jewelry amp California Metal Containing Jewelry Law www disc ca gov PollutionPrevention ToxicsInProducts MetalJewelryLaw cfm California Proposition 65 wwwoehha ca gov prop65 html Connecticut Cadmium Content in Jewelry for Children Regulation www cga ct gov 2010 rpt 2010 R 0301 htm Consumer Product Safety Improvement Act CPSIA www ppai org inside ppai corporate responsibility product responsibility education and resources consumer product safety improvement act cpsia Department of Toxic Substances Control DTSC www disc ca gov FCC Part 15 wwweecfr gov cgi bin text idx SID bb0236ae1 ff5d130b221a9a1 0Gefa03d amp node pt47 1 15 amp rgn div5 s
9. e lead content in the substrate material is greater than 40 ppm but less than or equal to 100 ppm which is the federal requirement children s products labeling is required e Additionally if the lead level is over 600 ppm all products not just children s products must be labeled WARNING CONTAINS LEAD MAY BE HARMFUL IF EATEN OR CHEWED MAY GENERATE DUST CONTAINING LEAD Illinois has a cadmium regulation that limits cadmium content to 0 0075 by weight as determined through solubility testing for heavy metals as defined in the ASTM F963 toy safety standard PIRTORMEO A a TOON ieee tO a tO mimo i ro soe Cull alam Ouly Connecticut Cadmium Content in Jewelry for Children Regulation went into effect on July 1 2014 and it prohibits the sale offering for sale or distribution of children s jewelry containing cadmium in excess of 75 ppm Children s jewelry is defined as any jewelry that is designed or intended to be worn or used by children 12 years of age or younger Minnesota s SF 2510 Sec 27 is similar to the Illinois cadmium regulation but it applies to jewelry for children 6 years of age and younger while Illinois applies to a broader scope and includes children 12 years of age and younger Maryland HB 145 also applies the limit of 75 ppm cadmium but it is a total test as opposed to a soluble test required by the other states and this applies to children s jewelry intended for 13 years of age
10. e47 1 15_ 1223 FCC declaration of conformity www fcc gov oet ea procedures html FCC ID transition fcc gov oet ea fccid help htm Guides for the Jewelry Precious Metals and Pewter Industries www ftc gov policy federal register notices 16 cfr part 23 guides jewelry precious metals and pewter industries Illinois Lead Poisoning Prevention Act www ilga gov legislation ilcs ilcs3 asp ActID 1523 amp ChapterID 35 Maryland HB 145 mgaleg maryland gov webmga frmMain aspx tab subject3 amp ys 201 1rs 2fbillfile 2fhb0145 htm Mercury Containing amp Rechargeable Battery Management Act Minnesota s SF 2510 Sec 27 www revisor mn gov bills text php number SF251 0 amp version 4 amp session s86 amp session_year 2010 amp session_number 0 Office of Environmental Health Hazard Assessment OEHHA www cehha ca gov Rhode Island Children s Jewelry Safety Act webserver rilin state ri us BillText1 3 SenateText13 S0497 htm Washington Children s Safe Product Act HB 2647 apps leg wa gov billinfo summary aspx year 2007 amp bill 2647 PPAI Corporate Responsibility www ppai org inside ppai corporate responsibility CPSC www cpsc gov PromotionalProducts CPSC Accredited Test Labs www cpsc gow cgi bin labsearch Safer States www saferstates com PRODUC I RESPONSIBILITY UL www ul com 6 POWERED BY PPAI
11. in fact entirely made out of a pure metal Nickel Free Jewelry One of the most common allergies associated with jewelry is a nickel allergy Currently there are no federal regulations for nickel content in jewelry in the United States However if you are marketing and labeling your jewelry as nickel free nickel testing is required In order to make the claim that the jewelry is nickel free it must contain less than 0 01 nickel The European Union has strict requirements for nickel content in jewelry and the U S bases its test methods and criteria upon these requirements PAR TOIMEOS FOUN Ate the GUS Asie oO Od A TT FONTEN TE tne Nie a elie lt Oe Nee Compliance Testing For Jewelry e Tensile pull testing and cycle testing can also be There are various performance tests that can be done to determine if the post will last throughout the conducted on jewelry Performance testing can address expected use of the item or if it will detach various quality issues that may result in customer e Strength tests can also be performed on chains complaints product returns or potential hazards to the end e Children s jewelry should have a breakaway feature user and testing can be done to ensure the breakaway feature is effective e Clasps can be tested to determine if they can hold e Rockwell hardness testing measures the strength of up to normal repeated use by the consumer The standard is 500 cycles Force to open is measured befor
12. rative components including cat s eye cubic zirconia cubic zirconium C2 rhinestones and cloisonne Gemstones cut and polished for ornamental purposes excluding aragonite bayldonite boleite cerussite crocoite ekanite linarite mimetite phosgenite samarskite vanadinite and wulfenite Class 1 Materials Elastic fabric ribbon rope or string unless it contains intentionally added lead and is listed as a class 2 material 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 and Electroplated metal Unplated metal not otherwise listed as a class 1 material Class 2 Plastic or rubber including acrylic polystyrene plastic beads and stones and polyvinyl chloride PVC A dye or surface coating Any portion of jewelry that meets both of Class 3 SPR I ve i the following criteria Materials Not a class 1 or class 2 material Materials Body Piercing Jewelry Defined as any part of jewelry that is manufactured or sold for place in a new piercing or a mucous member It must be made from one or more of the following Surgical implant stainless steel Surgical implant grade of titanium Niobium Nb Solid 14 karat or higher white or yellow nickel free gold Solid platinum A QN O1 4 6 A dense low porosity plastic including but not limited
13. s beads chains links or pendants attached including coral feathers and shells to shoes or clothes that can be removed or a watch in a which a timepiece is a component of an ornament Class 2 Materials are more specific excluding the timepiece itself if the timepiece can be to the lead levels present in the removed from the ornament materials Electroplated metal must have less than 6 percent lead This law defines children s jewelry as jewelry made for by weight Unplated metal must marketed for use by or marketed for children 6 years of have less than 1 5 percent lead age or younger When jewelry fits these parameters it must Plastic and rubber materials must be made from one or more of the following have less than 200 ppm of lead by weight And a dye or surface A nonmetallic material that coating is considered a Class 2 is a Class 1 material Material if it has less than 600 and that does not otherwise ppm of lead by weight violate the requirements of paragraph 4 of the Class 3 Materials are materials that are not Class 1 or legislation Class 2 materials All Class 3 materials must contain less than 600 ppm of lead by weight A nonmetallic material that is a Class 2 material PROMEGA TITO NEAS ERR ODU OCT FA oso O CAT FOIN INTERNATIONAL Stainless or surgical steel karat gold sterling silver platinum palladium iridium ruthenium rhodium or osmium Natural or cultured pearls Glass ceramic or crystal deco
14. s and pewter Retailers vendors and manufacturers must truthfully represent and label the type kind grade quality quantity metallic content size weight cut color character treatment substance durability serviceability origin price value preparation production manufacture and distribution of their merchandise Any disclosures about a particular piece of jewelry need to be clear and prominent and all labeled claims needs to be accurate An example of a misrepresentation would be an illustration or depiction of a diamond or other gemstone that portrays it as greater than its actual size Unless a disclosure is made about its true size this may mislead consumers It is common for people to use descriptive terms when describing jewelry Descriptive terms and adjectives such as handmade handcrafted genuine authentic rare precious vintage antique made in the USA are examples of terms often used in the jewelry industry when describing and labeling items These terms are acceptable to use but only when they are truthful and accurate Hypoallergenic And Nickel Free Claims Hypoallergenic jewelry is jewelry made out of pure metals such as platinum karat gold higher than 18K titanium copper stainless and surgical steel and fine silver The term hypoallergenic is not a term that is regulated by the FTC and therefore should be used with caution You should only label your jewelry as hypoallergenic if it is
15. signed primarily or primarily intended for children 12 years of age and younger that includes ornamentation and it is similar to the CPSIA children s product definition If you determine you have a children s product under CPSIA you must also comply with this standard if you are distributing in the state of Rhode Island The act also establishes requirements and test methods for specified elements and certain mechanical hazards in children s jewelry In addition it includes recommendations for age labeling and warnings as well as guidelines on identifying the primary intended users namely children or adults Finally it lists the lead content limits the materials that are excluded from lead limits in children s jewelry and approved materials for children s body piercing jewelry California Proposition 65 is also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 Its purpose is protecting California citizens from chemicals known to cause cancer birth defects or other reproductive harm and to inform California citizens about exposures to these chemicals The Office of Environmental Health Hazard Assessment OEHHA administers the Proposition 65 program OEHHA is part of the California EPA and evaluates all currently available scientific information on substances considered for inclusion on the California Proposition 65 chemical list For jewelry recent settlements have set the following limits for jewelry e
16. ting ink or ceramic glaze that contains less than 0 06 percent 600 parts per million lead by weight The law restricts the amount of lead in jewelry by identifying what materials may be used and setting lead 6 Class 3 material that contains less than 0 02 percent concentration thresholds that may not be exceeded It 200 parts per million lead by weight also restricts the amount of cadmium allowed in children s jewelry In addition to the limitations listed above no component or material used in children s jewelry may exceed 300 parts California lead and cadmium regulations for jewelry per million opm cadmium by weight cover a matrix of materials comprising jewelry jewelry components their contact pattern with the user and the Class 1 Materials are materials that age of the user Under this law jewelry means any of the are not likely to contain lead All of following ornaments worn by a person anklets arm cuffs the Class 1 Materials listed below bracelets brooches chains crowns cuff links tie clips are acceptable for use if the jewelry hair accessories earrings necklaces rings pins body is made entirely of the material The piercing jewelry and jewelry placed in the mouth for display Class 1 Material list includes but is or ornamentation It also means any bead chain link not limited to stainless steel sterling pendant or other component of an ornament specified as silver gold and natural materials well as charm

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