§ 37-0115 — Lead-containing jewelry

§ 37-0115. Lead-containing jewelry.\n For purposes of this section, the following terms shall have the\nfollowing definitions:\n 1. "Body piercing jewelry" means any part of jewelry that is\nmanufactured or sold for placement in a new piercing or a mucous\nmembrane, but does not include any part of that jewelry that is not\nplaced within a new piercing or a mucous membrane.\n 2. "Children" means children under the age of twelve.\n 3. "Children's jewelry" means jewelry that is made for, marketed for\nuse by, or marketed to, children and includes jewelry that meets any of\nthe following conditions:\n (a) Represented in its packaging, display, or advertising, as\nappropriate for use by children.\n (b) Sold in conjunction with, attached to, or packaged together with\nother products that are packaged, displayed, or advertised as\nappropriate for use by children.\n (c) Sized for children and not intended for use by adults.\n (d) Sold in any of the following:\n (1) A vending machine.\n (2) Retail store, catalogue, or online web site, in which a person\nexclusively offers for sale products that are packaged, displayed, or\nadvertised as appropriate for use by children.\n (3) A discrete portion of a retail store, catalogue, or online web\nsite, in which a person offers for sale products that are packaged,\ndisplayed, or advertised as appropriate for use by children.\n 4. "Jewelry" means any of the following ornaments worn by a person:\n (a) ankle bracelet;\n (b) arm cuff;\n (c) bracelet;\n (d) brooch;\n (e) chain;\n (f) crown;\n (g) cuff link;\n (h) hair accessory;\n (i) earring;\n (j) necklace;\n (k) decorative pin;\n (l) ring;\n (m) body piercing jewelry;\n (n) jewelry placed in the mouth for display or ornament;\n (o) any charm, bead, chain, link, pendant, or other component of the\nitems listed in this definition;\n (p) a charm, bead, chain, link, pendant, or other attachment to shoes\nor clothing that can be removed and may be used as a component of an\nitem listed in this definition;\n (q) a watch in which a timepiece is a component of an item listed in\nthis definition, excluding the timepiece itself if the timepiece can be\nremoved from the ornament.\n 5. Effective January first, two thousand twenty-one, no manufacturer\nshall sell, or offer for sale, children's jewelry that contains a total\nlead content in any component part of the item that is more than 0.004%\n(40 parts per million) but less than 0.01% (100 parts per million) by\ntotal weight or a lower standard for lead content as may be established\nby federal or state law or rule unless that item bears a warning\nstatement that indicates that at least one component part of the item\ncontains lead.\n The warning statement for children's jewelry shall contain at least\nthe following: "WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR\nCHEWED. "\n A manufacturer is in compliance if the warning statement is provided\non the children's jewelry or on the label on the immediate container of\nthe children's jewelry.\n The warning statement requirement does not apply to any children's\njewelry:\n (a) for which federal law governs warning in a manner that preempts\nstate authority;\n (b) if the component parts of the children's jewelry containing lead\nare inaccessible to a child through normal and reasonably foreseeable\nuse and abuse as defined by the United States Consumer Product Safety\nCommission;\n (c) if the component parts in question are exempt from third-party\ntesting as determined by the United States Consumer Product Safety\nCommission; or\n (d) to children's jewelry resold or offered for resale, or distributed\nby consumers for consumer use.\n