2019 California Code
Health and Safety Code - HSC
DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
CHAPTER 6.5 - Hazardous Waste Control
ARTICLE 10.1.1 - Metal-Containing Jewelry
Section 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 persons under 15 years of age.
(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 website, 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 website, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
(d) “Component” means any part of jewelry.
(e) “Inaccessible” means not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product, including swallowing, mouthing, breaking, or other children’s activities, and the aging of the product. For purposes of this article, paint, coatings, or electroplating do not render substrate material inaccessible to a child.
(f) “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.
(g) (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.
(Amended by Stats. 2019, Ch. 379, Sec. 2. (SB 647) Effective January 1, 2020.)
