New Jersey-2012-S1437-Introduced

An Act concerning the composition of jewelry and supplementing Title 2C of the New Jersey Statutes and P.L.1960, c.39 (C.56:8-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

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 aged six and younger.

c. "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to, children. For the purposes of P.L. , c. (C. ) (now pending before the Legislature as this bill), 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; or

(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; or

(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.

d. "Class one 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) A gemstone that is cut and polished for ornamental purposes, provided however that the following gemstones shall not be construed to be class one materials: aragonite, bayldonite, boleite, cerussite, crocoite, ekanite, linarite, mimetite, phosgenite, samarskite, vanadinite, or wulfenite;

(8) Elastic, fabric, ribbon, rope, or string, provided however that the elastic, fabric, ribbon, rope, or string shall not be construed to be a class one material if it contains intentionally added lead and is listed as a class two material;

(9) All natural decorative material, including amber, bone, coral, feathers, fur, horn, leather, shell, wood, provided that is in its natural state and is not treated in a way that adds lead; or

(10) Adhesive.

e. "Class two 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; or

(b) on and after August 31, 2009, a metal alloy with less than six 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; or

(b) on and after August 31, 2009, less than 0.02 percent (200 parts per million) lead by weight; or

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

f. "Class three material" means any portion of jewelry that meets both of the following criteria:

(1) Is not a class 1 or class 2 material; and

(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;

(d) brooch;

(e) chain;

(f) crown;

(g) cuff link;

(h) decorated hair accessories;

(i) earring;

(j) necklace;

(k) pin;

(l) ring; or

(m) body piercing jewelry; or

(2) Any bead, chain, link, pendant, or other component of an ornament specified in paragraph (1) of this section.

i. "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. For the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), "surface coating" shall not be construed to 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 .

2. a. No person shall sell at retail, offer for sale at retail, distribute, import, or manufacture any jewelry unless that jewelry is made entirely from a class one material, class two material, or class three material, or any combination thereof.

b. Notwithstanding the provisions of subsection a. of this section, no person shall sell at retail, offer for sale at retail, distribute, import, or manufacture any children's jewelry unless that children's jewelry is made entirely from one or more of the following materials:

(1) A nonmetallic material that is a class one material;

(2) A nonmetallic material that is a class two material;

(3) A metallic material that is either a class one 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; or

(6) A Class three material that contains less than 0.02 percent (200 parts per million) lead by weight.

c. Notwithstanding the provisions of subsection a. of this section, no person shall sell at retail, offer for sale at retail, distribute, import, or manufacture any body piercing jewelry unless that body piercing jewelry is made entirely from 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; or

(6) A dense low-porosity plastic, including, but not limited to, Tygon or Polytetrafluoroethylene (PTFE), if the plastic contains no intentionally added lead.

3. Any manufacturer, distributor, or importer of jewelry, who discovers that the jewelry contains, is composed of, or is made with any material or substance in violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall issue an immediate recall for that jewelry.

4. The Director of Consumer Affairs shall issue an immediate recall for any jewelry which he discovers contains, is composed of, or is made with any material or substance in violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

5. a. Within 48 hours of receiving notice from the Director of Consumer Affairs or a manufacturer, distributor, or importer that jewelry has been recalled because it contains, is composed of, or is made with any material or substance in violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), a retail mercantile establishment shall remove the jewelry from any display and make it unavailable for purchase.

b. Within 14 business days of receiving notice from the Director of Consumer Affairs or a manufacturer, distributor, or importer that jewelry has been recalled because it contains, is composed of, or is made with any material or substance in violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), a retail mercantile establishment shall return all inventory of that jewelry to the manufacturer, distributor, or importer from which it was obtained, at the cost of the manufacturer, distributor, or importer.

6. Within 60 business days of receiving jewelry that has been recalled because it contains, is composed of, or is made with any material or substance in violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) from a retail mercantile establishment, the manufacturer, distributor, or importer shall destroy the jewelry in such a way that renders it useless, and dispose of the remnants in a manner and location designed to remove them from access by the general public.

7. a. A person who knowingly violates section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be guilty of an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

b. A violation of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

8. A violation of sections 3 or 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for a third or subsequent offense.

9. This act shall take effect on the first day of the seventh month following enactment.

STATEMENT

This bill would prohibit the sale, distribution, import, or manufacture of jewelry which contains certain materials.

The bill would create a three-tier classification system designed to identify the safest materials which may be used in the production of jewelry. Under the bill, no one could sell at retail, offer for sale at retail, distribute, import, or manufacture any jewelry unless that jewelry is made entirely from a material in one of the three classes, or a combination thereof. The bill includes stricter restrictions on the materials used in both children's jewelry and body piercing jewelry.

Under the amended bill, the Director of Consumer Affairs or any manufacturer, distributor, or importer of jewelry who discovers that jewelry contains, is composed of, or is made with any material or substance in violation of the bill's restrictions, would have to issue an immediate recall for that product. Within 48 hours of receiving notice of the recall, retail mercantile establishments would be required to remove the jewelry from displays and make it unavailable for purchase. Within 14 business days, retail mercantile establishments would be required to return all inventory of the jewelry to the manufacturer, distributor, or importer from which it was obtained, at the cost of the manufacturer, distributor, or importer. The manufacturer, distributor, or importer then would have 60 business days to destroy the jewelry in such a way that renders it useless, and to dispose of the remnants in a manner and location designed to remove them from access by the general public.

The bill specifies the following penalties for violations:

� knowingly selling, offering for sale, distributing, importing, or manufacturing jewelry which contains, is composed of, or is made with any material or substance in violation of the bill's restrictions would be an unlawful practice;

� failing to remove the recalled jewelry from displays, make it unavailable for purchase, or return it to the manufacturer, distributor, or importer within the required timeframe would be an unlawful practice; and

� a manufacturer, distributor, or importer failing to issue an immediate recall or destroy and dispose of jewelry returned to them as a result of a recall, as required, would be a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for a third or subsequent offense.

An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.

A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of $10,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of $15,000, or both, and a crime of the second degree is punishable by five to 10 years imprisonment, a fine of $150,000, or both.