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SECTION 37-0115
Lead-containing jewelry
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 1
§ 37-0115. Lead-containing jewelry.

For purposes of this section, the following terms shall have the
following definitions:

1. "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.

2. "Children" means children under the age of twelve.

3. "Children's jewelry" means jewelry that is made for, marketed for
use by, or marketed to, children and includes jewelry that meets any of
the following conditions:

(a) Represented in its packaging, display, or advertising, as
appropriate for use by children.

(b) Sold in conjunction with, attached to, or packaged together with
other products that are packaged, displayed, or advertised as
appropriate for use by children.

(c) Sized for children and not intended for use by adults.

(d) Sold in any of the following:

(1) A vending machine.

(2) 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.

(3) 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.

4. "Jewelry" means any of the following ornaments worn by a person:

(a) ankle bracelet;

(b) arm cuff;

(c) bracelet;

(d) brooch;

(e) chain;

(f) crown;

(g) cuff link;

(h) hair accessory;

(i) earring;

(j) necklace;

(k) decorative pin;

(l) ring;

(m) body piercing jewelry;

(n) jewelry placed in the mouth for display or ornament;

(o) any charm, bead, chain, link, pendant, or other component of the
items listed in this definition;

(p) 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
item listed in this definition;

(q) a watch in which a timepiece is a component of an item listed in
this definition, excluding the timepiece itself if the timepiece can be
removed from the ornament.

5. Effective January first, two thousand twenty-one, no manufacturer
shall sell, or offer for sale, children's jewelry that contains a total
lead content in any component part of the item that is more than 0.004%
(40 parts per million) but less than 0.01% (100 parts per million) by
total weight or a lower standard for lead content as may be established
by federal or state law or rule unless that item bears a warning
statement that indicates that at least one component part of the item
contains lead.

The warning statement for children's jewelry shall contain at least
the following: "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR
CHEWED. "

A manufacturer is in compliance if the warning statement is provided
on the children's jewelry or on the label on the immediate container of
the children's jewelry.

The warning statement requirement does not apply to any children's
jewelry:

(a) for which federal law governs warning in a manner that preempts
state authority;

(b) if the component parts of the children's jewelry containing lead
are inaccessible to a child through normal and reasonably foreseeable
use and abuse as defined by the United States Consumer Product Safety
Commission;

(c) if the component parts in question are exempt from third-party
testing as determined by the United States Consumer Product Safety
Commission; or

(d) to children's jewelry resold or offered for resale, or distributed
by consumers for consumer use.