Certification

California law requires that a manufacturer or supplier of jewelry be able to certify that its jewelry complies with the lead and cadmium restrictions in the Metal-Containing Jewelry law. More specifically, a manufacturer or supplier of jewelry sold or offered for sale in California must either provide the certification to a person selling or offering to sell that jewelry or display the certification prominently on the shipping container or packaging of the jewelry. Please see the attached sample of certification wording.

Please note that this is merely a sample and other versions may be used to comply with the certification requirement set forth in Health and Safety Code section 25214.3(b) and (c).

Additionally, a manufacturer or supplier of jewelry subject to the Metal Containing Jewelry law must, upon request from DTSC and within 28 days, provide to DTSC technical documentation or other information showing that the jewelry is in compliance with the law. If you have knowledge of a possible violation of the Metal-Containing Jewelry Law, the California Environmental Protection Agency (CalEPA) would like to know about it. Please use the CalEPA Environmental Concern Form to report an environmental concern with CalEPA. Be sure to select the image or checkbox for “Toxic Substances” to ensure the report is received by the Department of Toxic Substances Control. You may also call the complaint hotline from anywhere in California at 1-800-698-6942.

Recent changes to California’s Metal Containing Jewelry Law

In 2011, Governor Brown signed into law Senate Bill 646 (SB 646) (Pavley, Stats. 2011, c.473). SB 646 deleted provisions specifying that a party that is a signatory to the amended consent judgment or a signatory to the consent judgment in the consolidated action entitled People v. Burlington Coat Factory Warehouse Corporation, et al. (Alameda Superior Court Lead Case No. RG04-162075) is deemed to be in compliance with California law. SB 646 also revised the definition of the term “jewelry” to include tie clips and clarified certification requirements for jewelry suppliers and/or manufacturers.

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