Bill Text: CA SB929 | 2009-2010 | Regular Session | Chaptered
Bill Title: Hazardous materials: children's jewelry: heavy metals.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 313, Statutes of 2010. [SB929 Detail]
Download: California-2009-SB929-Chaptered.html
BILL NUMBER: SB 929 CHAPTERED
BILL TEXT
CHAPTER 313
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2010
APPROVED BY GOVERNOR SEPTEMBER 25, 2010
PASSED THE SENATE AUGUST 25, 2010
PASSED THE ASSEMBLY AUGUST 19, 2010
AMENDED IN ASSEMBLY AUGUST 16, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN SENATE APRIL 22, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Pavley
(Coauthor: Senator Hancock)
(Coauthors: Assembly Members Brownley, Lieu, Ma, Salas, Saldana,
and Torlakson)
FEBRUARY 1, 2010
An act to amend Sections 25214.2, 25214.3, 25214.3.1, 25214.3.3,
25214.4, and 25214.4.1 of, to amend the heading of Article 10.1.1
(commencing with Section 25214.1) of Chapter 6.5 of Division 20 of,
and to add Section 25214.3.5 to, the Health and Safety Code, relating
to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 929, Pavley. Hazardous materials: children's jewelry: heavy
metals.
(1) Existing law prohibits the manufacturing, shipping, selling,
or offering for sale of jewelry, as defined, for retail sale in the
state, unless the jewelry is made entirely from specified materials.
Existing law also prohibits any person from taking those actions with
regard to children's jewelry, as defined, unless the children's
jewelry is made entirely from certain specified materials. Existing
law prohibits parties that are signatories to a specified consent
judgment from being subject to enforcement under those provisions.
This bill would additionally prohibit a person from manufacturing,
shipping, selling, offering for sale, or offering for promotional
purposes children's jewelry that contains any component or is made of
any material that is more than 0.03% cadmium by weight. This bill
would exempt from this prohibition any toy regulated for cadmium
exposure under the federal Consumer Product Safety Improvement Act of
2008 and would make conforming changes. The bill would provide that
the exemption from enforcement action for signatories to that consent
judgment does not apply to this prohibition.
(2) Existing law requires the Department of Toxic Substances
Control to adopt regulations to establish a process by which
chemicals or chemical ingredients in products may be identified and
prioritized for consideration as being chemicals of concern and to
adopt regulations to establish a process by which chemicals of
concern may be evaluated. The department is prohibited from
duplicating or adopting conflicting regulations for regulated product
categories.
This bill would prohibit cadmium-containing jewelry from being
considered as a product category already regulated or subject to
pending regulation for purposes of those regulations.
(3) Existing law imposes criminal penalties upon a manufacturer or
supplier of jewelry who knowingly and intentionally manufactures,
ships, sells, offers for sale, or offers for promotional purposes
jewelry containing lead in violation of those provisions or who
knowingly and with intent to deceive falsifies any document or
certificate required to be kept or produced pursuant to those
provisions.
This bill would additionally impose those criminal penalties upon
a manufacturer or supplier of jewelry containing cadmium, thereby
imposing a state-mandated local program by creating new crimes.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Article 10.1.1 (commencing with Section
25214.1) of Chapter 6.5 of Division 20 of the Health and Safety Code
is amended to read:
Article 10.1.1. Metal-Containing Jewelry
SEC. 2. Section 25214.2 of the Health and Safety Code is amended
to read:
25214.2. (a) A person shall not manufacture, ship, sell, offer
for sale, or offer for promotional purposes jewelry for retail sale
or promotional purposes 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), a person shall not
manufacture, ship, sell, offer for sale, or offer for promotional
purposes children's jewelry for retail sale or promotional purposes
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 and that
does not otherwise violate the requirements of paragraph (4).
(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 percent (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 percent (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
percent (600 parts per million) lead by weight.
(6) Class 3 material that contains less than 0.02 percent (200
parts per million) lead by weight.
(c) Notwithstanding subdivision (a), a person shall not
manufacture, ship, sell, offer for sale, or offer for promotional
purposes body piercing jewelry for retail sale or promotional
purposes 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.
(d) Notwithstanding paragraphs (1) and (2) of subdivision (d) of
Section 25214.3, as of January 1, 2012, no person shall manufacture,
ship, sell, offer for sale, or offer for promotional purposes
children's jewelry that contains any component or is made of any
material that is more than 0.03 percent cadmium (300 parts per
million) by weight. This subdivision shall not apply to any toy
regulated for cadmium exposure under the federal Consumer Product
Safety Improvement Act of 2008 (Public Law 110-314).
(e) The department may establish a standard for children's jewelry
or for a component of children's jewelry that is more protective of
public health, of sensitive subpopulations, or of the environment
than the standard established pursuant to subdivision (d).
SEC. 3. Section 25214.3 of the Health and Safety Code is amended
to read:
25214.3. (a) Except as provided in Sections 25214.3.3 and
25214.3.4, a person who violates this article shall not be subject to
criminal penalties imposed pursuant to this chapter and shall only
be subject to the administrative or civil penalty specified in
subdivision (b).
(b) (1) A person who violates this article shall be liable for an
administrative or a civil penalty not to exceed two thousand five
hundred dollars ($2,500) per day for each violation. That
administrative or civil penalty may be assessed and recovered in an
administrative action filed with the Office of Administrative
Hearings or in a civil action brought in any court of competent
jurisdiction.
(2) In assessing the amount of an administrative or a civil
penalty for a violation of this article, the presiding officer or the
court, as applicable, shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number of, and severity of, the violations.
(C) The economic effect of the penalty on the violator.
(D) Whether the violator took good faith measures to comply with
this article and the time these measures were taken.
(E) The willfulness of the violator's misconduct.
(F) The deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community as a whole.
(G) Any other factor that justice may require.
(c) Administrative and civil penalties collected pursuant to this
article shall be deposited in the Hazardous Waste Control Account,
for expenditure by the department, upon appropriation by the
Legislature, to implement and enforce this article.
(d) (1) Notwithstanding subdivision (b), a party that is a
signatory to the amended consent judgment, or a party that is a
signatory to a consent judgment entered in the consolidated action
entitled People vs. Burlington Coat Factory Warehouse Corporation, et
al. (Alameda Superior Court Lead Case No. RG 04-162075) that
contains identical or substantially identical terms as provided in
Sections 2, 3, and 4 of the amended consent judgment, shall not be
subject to enforcement pursuant to this article, and an action
brought to enforce this article against the party shall be subject to
Section 4 of the amended consent judgment.
(2) The Legislature finds and declares that the amendment of this
subdivision by the act amending this section during the 2007-08
Regular Session of the Legislature is declaratory of existing law.
(3) This subdivision does not apply to any action brought to
enforce subdivision (d) of Section 25214.2.
(e) (1) For the purpose of administering and enforcing this
article, an authorized representative of the department, upon
obtaining consent or after obtaining an inspection warrant pursuant
to Title 13 (commencing with Section 1822.50) of Part 3 of the Code
of Civil Procedure, may, upon presenting appropriate credentials and
at a reasonable time, do any of the following:
(A) Enter a factory, warehouse, or establishment where jewelry is
manufactured, packed, held, or sold; enter a vehicle that is being
used to transport, hold, or sell jewelry; or enter a place where
jewelry is being held or sold.
(B) Inspect a factory, warehouse, establishment, vehicle, or place
described in subparagraph (A), and all pertinent equipment, raw
material, finished and unfinished materials, containers, and labeling
in the factory, warehouse, establishment, vehicle, or place. In the
case of a factory, warehouse, or establishment where jewelry is
manufactured, packed, held, or sold, this inspection shall include
any record, file, paper, process, control, and facility that has a
bearing on whether the jewelry is being manufactured, packed, held,
transported, sold, or offered for sale or for promotional purposes in
violation of this article.
(2) (A) An authorized representative of the department may secure
a sample of jewelry when taking an action authorized pursuant to this
subdivision. If the representative obtains a sample prior to leaving
the premises, he or she shall leave a receipt describing the sample
obtained.
(B) The department shall return, upon request, a sample that is
not destroyed during testing when the department no longer has any
purpose for retaining the sample.
(C) A sample that is secured in compliance with this section and
found to be in compliance with this article that is destroyed during
testing shall be subject to a claim for reimbursement.
(3) An authorized representative of the department shall have
access to all records of a carrier in commerce relating to the
movement in commerce of jewelry, or the holding of that jewelry
during or after the movement, and the quantity, shipper, and
consignee of the jewelry. A carrier shall not be subject to the other
provisions of this article by reason of its receipt, carriage,
holding, or delivery of jewelry in the usual course of business as a
carrier.
(4) An authorized representative of the department shall be deemed
to have received implied consent to enter a retail establishment,
for purposes of this section, if the authorized representative enters
the location of that retail establishment where the public is
generally granted access.
SEC. 4. Section 25214.3.1 of the Health and Safety Code is amended
to read:
25214.3.1. (a) A manufacturer or supplier of jewelry that is
sold, offered for sale, or offered for promotional purposes shall
prepare and, at the request of the department, submit to the
department no more than 28 days after the date of the request,
technical documentation or other information showing that the jewelry
is in compliance with the requirements of this article.
(b) A manufacturer or supplier of jewelry sold or offered for sale
in this state shall do either of the following:
(1) Provide a certification to a person who sells or offers for
sale that manufacturer's or supplier's jewelry, upon the request of
that person.
(2) Display the certification prominently on the shipping
container or on the packaging of jewelry.
(c) The certification required by subdivision (b) shall attest
that the jewelry does not contain a level of lead or cadmium that
would prohibit the jewelry from being sold or offered for sale
pursuant to this article.
SEC. 5. Section 25214.3.3 of the Health and Safety Code is amended
to read:
25214.3.3. A manufacturer or supplier of jewelry who knowingly
and intentionally manufactures, ships, sells, offers for sale, or
offers for promotional purposes jewelry containing lead or cadmium in
violation of this article is guilty of a misdemeanor punishable by a
fine of not less than five thousand dollars ($5,000) nor more than
one hundred thousand dollars ($100,000), by imprisonment in a county
jail for not more than one year, or by both that fine and
imprisonment.
SEC. 6. Section 25214.3.5 is added to the Health and Safety Code,
to read:
25214.3.5. (a) This article does not limit, supersede, duplicate,
or otherwise conflict with the authority of the department to fully
implement Article 14 (commencing with Section 25251), including the
authority of the department to include products in its product
registry.
(b) Notwithstanding subdivision (c) of Section 25257.1,
cadmium-containing jewelry shall not be considered as a product
category already regulated or subject to pending regulation for
purposes of Article 14 (commencing with Section 25251).
SEC. 7. Section 25214.4 of the Health and Safety Code is amended
to read:
25214.4. The test methods for determining compliance with this
article shall be conducted using the EPA reference methods 3050B,
3051A, and 3052, as specified in EPA Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods, SW-846 (Third Edition, as
currently updated) for the material being tested, except as otherwise
provided in Sections 24214.4.1 and 25214.4.2, and in accordance with
all of the following procedures:
(a) When preparing a sample, the laboratory shall make every
effort to ensure 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.
(b) 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.
(c) 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.
(d) A sample shall be digested in a container that is known to be
free of lead and cadmium and with the use of an acid that is not
contaminated by lead or cadmium, including analytical reagent grade
digestion acids and reagent grade deionized water.
(e) 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.
(f) 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.
(g) Test methods selected shall be those that best demonstrate
they can achieve total digestion of the sample material being
analyzed. Test methods shall not be used if they are inconsistent
with the specified application of the test method or do not
demonstrate the best performance or proficiency for achieving total
digestion of the sample material.
SEC. 8. Section 25214.4.1 of the Health and Safety Code is amended
to read:
25214.4.1. In addition to the requirements of Section 25214.4,
the following procedures shall be used for testing the following
materials:
(a) For testing a metal plated with suitable undercoats and finish
coats, the following protocols shall be observed:
(1) Digestion shall be conducted using hot concentrated nitric
acid with the option of using hydrochloric acid or hydrogen peroxide.
(2) The sample size shall be 0.050 gram to one gram.
(3) The digested sample may require dilution prior to analysis.
(4) The digestion and analysis shall achieve a reported detection
limit no greater than 0.1 percent for samples.
(5) All necessary dilutions shall be made to ensure that
measurements are made within the calibrated range of the analytical
instrument.
(b) For testing unplated metal and metal substrates that are not a
class 1 material the following protocols shall be observed:
(1) Digestion shall be conducted using hot concentrated nitric
acid with the option of using hydrochloric acid or hydrogen peroxide.
(2) The sample size shall be 0.050 gram to one gram.
(3) The digested sample may require dilution prior to analysis.
(4) The digestion and analysis shall achieve a reported detection
limit no greater than 0.01 percent for samples.
(5) All necessary dilutions shall be made to ensure that
measurements are made within the calibrated range of the analytical
instrument.
(c) For testing polyvinyl chloride (PVC), the following protocols
shall be observed:
(1) The digestion shall be conducted using hot concentrated nitric
acid with the option of using hydrochloric acid or hydrogen
peroxide.
(2) 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.
(3) Digested samples may require dilution prior to analysis.
(4) Digestion and analysis shall achieve a reported detection
limit no greater than 0.001 percent (10 parts per million) for
samples.
(5) All necessary dilutions shall be made to ensure that
measurements are made within the calibrated range of the analytical
instrument.
(d) 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:
(1) The digestion shall be conducted using hot concentrated nitric
acid with the option of using hydrochloric acid or hydrogen
peroxide.
(2) 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.
(3) Plastic beads or stones shall be crushed prior to digestion.
(4) Digested samples may require dilution prior to analysis.
(5) Digestion and analysis shall achieve a reported detection
limit no greater than 0.001 percent (10 parts per million) for
samples.
(6) All necessary dilutions shall be made to ensure that
measurements are made within the calibrated range of the analytical
instrument.
(e) For testing coatings on glass and plastic pearls, the
following protocols shall be observed:
(1) 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 or cadmium. The
substrate pearl material shall not be included in the scrapings.
(2) The razor blade or sharp instrument shall be rinsed with
deionized water, wiped to remove particulate matter, rinsed again,
and dried between samples.
(3) 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 composited to
obtain a sufficient sample amount.
(4) The number of pearls used to make the composite shall be
noted.
(5) 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 or cadmium analysis.
(6) The digestate shall be diluted in the minimum volume practical
for analysis.
(7) The digested sample shall be analyzed according to
specification of an approved and validated methodology for
inductively coupled plasma mass spectrometry.
(8) A reporting limit of 0.001 percent (10 parts per million) in
the coating shall be obtained for the analysis.
(9) 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.
(f) For testing dyes, paints, coatings, varnish, printing inks,
ceramic glazes, glass, or crystal, the following testing protocols
shall be observed:
(1) The digestion shall use hot concentrated nitric acid with the
option of using hydrochloric acid or hydrogen peroxide.
(2) The sample size shall be not less than 0.050 gram, and shall
be chopped or comminuted prior to digestion.
(3) The digested sample may require dilution prior to analysis.
(4) The digestion and analysis shall achieve a reported detection
limit no greater than 0.001 percent (10 parts per million) for
samples.
(5) All necessary dilutions shall be made to ensure that
measurements are made within the calibrated range of the analytical
instrument.
(g) For testing glass and crystal used in children's jewelry, the
following testing protocols for determining weight shall be used:
(1) A component shall be free of any extraneous material,
including adhesive, before it is weighed.
(2) The scale used to weigh a component shall be calibrated
immediately before the components are weighed using S-class weights
of one and two grams, as certified by the National Institute of
Standards and Technology (NIST) of the Department of Commerce.
(3) The calibration of the scale shall be accurate to within 0.01
gram.
SEC. 9. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
