BILL NUMBER: AB 1681	CHAPTERED
	BILL TEXT

	CHAPTER  415
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2006
	PASSED THE ASSEMBLY  AUGUST 30, 2006
	PASSED THE SENATE  AUGUST 29, 2006
	AMENDED IN SENATE  AUGUST 24, 2006
	AMENDED IN SENATE  JUNE 12, 2006
	AMENDED IN ASSEMBLY  JUNE 1, 2005
	AMENDED IN ASSEMBLY  APRIL 19, 2005
	AMENDED IN ASSEMBLY  APRIL 4, 2005

INTRODUCED BY   Assembly Member Pavley
   (Coauthors: Assembly Members Chan and Goldberg)

                        FEBRUARY 22, 2005

   An act to add Article 10.1.1 (commencing with Section 25214.1) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
toxic substances.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1681, Pavley  Lead-containing jewelry.
   Existing hazardous waste control laws regulate the disposal of
discarded appliances, lead acid batteries, small household batteries,
recyclable latex paint, and household hazardous waste, except as
provided in the hazardous waste control laws and regulations. The
Department of Toxic Substances Control (department) is required to
enforce those hazardous waste control laws. Existing law provides for
the Hazardous Waste Control Account in the General Fund and
authorizes the funds deposited in that account to be expended, upon
appropriation by the Legislature, for specified purposes, including
the administration and implementation of the hazardous waste control
laws by the department.
   This bill would prohibit a person, on and after March 1, 2008,
from manufacturing, shipping, selling, or offering for sale jewelry
for retail sale in the state, unless the jewelry is made entirely
from specified materials. The bill would also prohibit any person, on
and after September 1, 2007, from taking those actions with regard
to children's jewelry, as defined, unless the children's jewelry is
made entirely from certain specified materials.
   The bill would also prohibit a person, on and after March 1, 2008,
from manufacturing, shipping, selling, or offering for sale body
piercing jewelry, as defined, for retail sale in the state unless it
is made from specified materials.
   The bill would provide that a party to a specified amended consent
judgment or to a consent judgment entered in a specified
consolidated action is deemed to be in compliance with the bill's
provisions, and would require any action brought against that party
to be subject to the amended consent judgment.
   The bill would exclude a person who violates these prohibitions
from the criminal penalties imposed pursuant to the hazardous waste
control laws and would instead provide that a person who violates
those prohibitions would be liable for a civil penalty not to exceed
$2,500 per day for each violation. The bill would require all civil
penalties collected be deposited in the Hazardous Waste Control
Account, for expenditure by the department, upon appropriation by the
Legislature, to implement and enforce those prohibitions.
   The bill would specify the testing methods and protocols for
determining compliance with these prohibitions and would authorize
the department to adopt regulations that modify these testing
protocols as it deems necessary to further the purposes of the bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 10.1.1 (commencing with Section 25214.1) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code, to
read:

      Article 10.1.1.  Lead-Containing Jewelry

   25214.1.  For purposes of this article, the following definitions
shall apply:
   (a) "Amended consent judgment" means the amended consent judgment
in the consolidated action entitled People vs. Burlington Coat
Factory Warehouse Corporation, et al. (Alameda Superior Court Lead
Case No. RG 04-162075) that was entered by the court on June 15,
2006.
   (b) "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.
   (c) "Children" means children aged six and younger.
   (d) "Children's jewelry" means jewelry that is made for, marketed
for use by, or marketed to, children. For purposes of this article,
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.
   (e) (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.
   (J) Adhesive.
   (2) The following gemstones are not class 1 materials: aragonite,
bayldonite, boleite, cerussite, crocoite, ekanite, linarite,
mimetite, phosgenite, samarskite, vanadinite, and wulfenite.
   (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
following standards:
   (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
by weight.
   (h) "Component" means any part of jewelry.
   (i) "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.
   (j) "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).
   (k) (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.
   (2) "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.
   25214.2.  (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 September 1,
2007, 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 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), 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.
   25214.3.  (a) Notwithstanding this chapter, a person who violates
this article shall not be subject to any criminal penalties imposed
pursuant to this chapter and shall only be subject to the civil
penalty specified in subdivision (b).
   (b) (1) A person who violates this article shall be liable for a
civil penalty not to exceed two thousand five hundred dollars
($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.
   (2) In assessing the amount of a civil penalty for a violation of
this article, the court 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) All 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) Notwithstanding subdivision (b), a party to the amended
consent judgment, or a party 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 be deemed to be in compliance with this article, and
any action brought to enforce this article against the party shall be
subject to Section 4 of the amended consent judgment.
   25214.4.  The testing methods for determining compliance with this
article shall be conducted using the EPA reference methods 3050B or
3051 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 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.
   (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 with the use of an acid that is not contaminated by
lead, 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.
   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 and 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 and 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. 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 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.
   25214.4.2.  The department may adopt regulations that modify the
testing protocols specified in Sections 25214.4 and 25214.4.1, as it
deems necessary to further the purposes of this article.