25214.1
. For purposes of this article, the following definitions
shall apply:
(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 six years of age and younger.
(c) "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, catalog, or online Internet 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, catalog, or online
Internet Web site, in which a person offers for sale products that
are packaged, displayed, or advertised as appropriate for use by
children.
(d) (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, or 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.
(e) "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.
(f) "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.
(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.
(C) Bracelet.
(D) Brooch.
(E) Chain.
(F) Crown.
(G) Cuff link.
(H) Hair accessory.
(I) Earring.
(J) Necklace.
(K) Pin.
(L) Ring.
(M) Tie clip.
(N) Body piercing jewelry.
(O) Jewelry placed in the mouth for display or ornament.
(2) Any bead, chain, link, pendant, or other component of an
ornament specified in paragraph (1).
(3) A charm, bead, chain, link, pendant, or other attachment to
shoes or clothing that can be removed and may be used as a component
of an ornament specified in paragraph (1).
(4) A watch in which a timepiece is a component of an ornament
specified in paragraph (1), excluding the timepiece itself if the
timepiece can be removed from the ornament.
(i) (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.