Full Text of SB1687 095th General Assembly
SB1687 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1687
Introduced 2/9/2007, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
|
|
Creates the Lead in Jewelry Act. Provides that on and after March 1, 2008, a person shall not
manufacture, ship, sell, or offer for sale jewelry for retail sale in
the State unless the jewelry meets certain standards. Provides that on and after January 1,
2008, a person shall not manufacture, ship, sell, or offer for sale
children's jewelry for retail sale in the State unless the children's
jewelry meets certain standards. Provides that on and after March 1, 2008, a
person shall not manufacture, ship, sell, or offer for sale body
piercing jewelry for retail sale in the State unless the body
piercing jewelry meets certain standards. Sets out standards for the classification of jewelry under the Act. Sets out penalties for violation of the Act. Sets out testing methods for analyzing jewelry under the Act. Provides that the Department of Commerce and Economic Opportunity may adopt rules that modify the
testing protocols specified as it
deems necessary to further the purposes of this Act.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB1687 |
|
LRB095 10705 CMK 30939 b |
|
| 1 |
| AN ACT concerning safety.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Short title. This Act may be cited as the Lead | 5 |
| in Jewelry Act. | 6 |
| Section 5. Definitions. For the purposes of this Act: | 7 |
| "Body piercing jewelry" means any part of jewelry that is
| 8 |
| manufactured or sold for placement in a new piercing or a | 9 |
| mucous
membrane, but does not include any part of that jewelry | 10 |
| that is not
placed within a new piercing or a mucous membrane.
| 11 |
| "Children" means children aged 6 and younger.
| 12 |
| "Children's jewelry" means jewelry that is made for, | 13 |
| marketed
for use by, or marketed to, children. For purposes of | 14 |
| this Act,
children's jewelry includes, but is not limited to, | 15 |
| jewelry that
meets any of the following conditions:
| 16 |
| (1) Represented in its packaging, display, or | 17 |
| advertising, as
appropriate for use by children.
| 18 |
| (2) Sold in conjunction with, attached to, or packaged | 19 |
| together
with other products that are packaged, displayed, | 20 |
| or advertised as
appropriate for use by children.
| 21 |
| (3) Sized for children and not intended for use by | 22 |
| adults.
| 23 |
| (4) Sold in any of the following:
|
|
|
|
SB1687 |
- 2 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| (A) A vending machine.
| 2 |
| (B) Retail store, catalogue, or online Web site, in | 3 |
| which a person
exclusively offers for sale products | 4 |
| that are packaged, displayed,
or advertised as | 5 |
| appropriate for use by children.
| 6 |
| (C) A discrete portion of a retail store, | 7 |
| catalogue, or online Web
site, in which a person offers | 8 |
| for sale products that are packaged,
displayed, or | 9 |
| advertised as appropriate for use by children.
| 10 |
| "Class 1 material" means any of the following materials:
| 11 |
| (1) Stainless or surgical steel.
| 12 |
| (2) Karat gold.
| 13 |
| (3) Sterling silver.
| 14 |
| (4) Platinum, palladium, iridium, ruthenium, rhodium, | 15 |
| or osmium.
| 16 |
| (5) Natural or cultured pearls.
| 17 |
| (6) Glass, ceramic, or crystal decorative components, | 18 |
| including
cat's eye, cubic zirconia, including cubic | 19 |
| zirconium or CZ,
rhinestones, and cloisonne.
| 20 |
| (7) Elastic, fabric, ribbon, rope, or string, unless it | 21 |
| contains
intentionally added lead and is listed as a class | 22 |
| 2 material.
| 23 |
| (8) All natural decorative material, including amber, | 24 |
| bone, coral,
feathers, fur, horn, leather, shell, wood, | 25 |
| that is in its natural
state and is not treated in a way | 26 |
| that adds lead.
|
|
|
|
SB1687 |
- 3 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| (10) Adhesive.
| 2 |
| The following gemstones are not class 1 materials: | 3 |
| aragonite,
bayldonite, boleite, cerussite, crocoite, ekanite, | 4 |
| linarite,
mimetite, phosgenite, samarskite, vanadinite, and | 5 |
| wulfenite.
| 6 |
| "Class 2 material" means any of the following materials:
| 7 |
| (1) Electroplated metal that meets the following | 8 |
| standards:
| 9 |
| (A) On and before August 30, 2009, a metal alloy | 10 |
| with less than 10% lead by weight that is electroplated | 11 |
| with suitable under and
finish coats.
| 12 |
| (B) On and after August 31, 2009, a metal alloy | 13 |
| with less than 6% lead by weight that is electroplated | 14 |
| with suitable under and
finish coats.
| 15 |
| (2) Unplated metal with less than 1.5% lead that is not
| 16 |
| otherwise listed as a class 1 material.
| 17 |
| (3) Plastic or rubber, including acrylic, polystyrene, | 18 |
| plastic
beads and stones, and polyvinyl chloride (PVC) that | 19 |
| meets the
following standards:
| 20 |
| (A) On and before August 30, 2009, less than 0.06% | 21 |
| (600
parts per million) lead by weight.
| 22 |
| (B) On and after August 31, 2009, less than 0.02% | 23 |
| (200
parts per million) lead by weight.
| 24 |
| (4) A dye or surface coating containing less than 0.06%
| 25 |
| (600 parts per million) lead by weight.
| 26 |
| "Class 3 material" means any portion of jewelry that meets
|
|
|
|
SB1687 |
- 4 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| both of the following criteria:
| 2 |
| (1) Is not a class 1 or class 2 material.
| 3 |
| (2) Contains less than 0.06% (600 parts per million) | 4 |
| lead
by weight.
| 5 |
| "Component" means any part of jewelry.
| 6 |
| "EPA reference methods 3050B (Acid Digestion of Sediments,
| 7 |
| Sludges and Soils) or 3051 (Microwave Assisted Digestion/ | 8 |
| Sludge,
Soils)" means those test methods incorporated by | 9 |
| reference in
paragraph (11) of subdivision (a) of Section | 10 |
| 260.11 of Title 40 of
the Code of Federal Regulations.
| 11 |
| "Jewelry" means any of the following:
| 12 |
| (1) Any of the following ornaments worn by a person:
| 13 |
| (A) An anklet.
| 14 |
| (B) Arm cuff.
| 15 |
| (C) Bracelet.
| 16 |
| (D) Brooch.
| 17 |
| (E) Chain.
| 18 |
| (F) Crown.
| 19 |
| (G) Cuff link.
| 20 |
| (H) Decorated hair accessories.
| 21 |
| (I) Earring.
| 22 |
| (J) Necklace.
| 23 |
| (K) Pin.
| 24 |
| (L) Ring.
| 25 |
| (M) Body piercing jewelry.
| 26 |
| (2) Any bead, chain, link, pendant, or other component |
|
|
|
SB1687 |
- 5 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| of an
ornament specified in paragraph (1).
| 2 |
| "Surface coating" means a fluid, semifluid, or other
| 3 |
| material, with or without a suspension of finely divided | 4 |
| coloring
matter, that changes to a solid film when a thin layer | 5 |
| is applied to
a metal, wood, stone, paper, leather, cloth, | 6 |
| plastic, or other
surface.
| 7 |
| "Surface coating" does not include a printing ink or a
| 8 |
| material that actually becomes a part of the substrate, | 9 |
| including,
but not limited to, pigment in a plastic article, or | 10 |
| a material that
is actually bonded to the substrate, such as by | 11 |
| electroplating or
ceramic glazing.
| 12 |
| Section 10. Jewelry; sale. | 13 |
| (a) On and after March 1, 2008, a person shall not
| 14 |
| manufacture, ship, sell, or offer for sale jewelry for retail | 15 |
| sale in
the State unless the jewelry is made entirely from a | 16 |
| class 1, class
2, or class 3 material, or any combination | 17 |
| thereof.
| 18 |
| (b) Notwithstanding subdivision (a), on and after January | 19 |
| 1,
2008, a person shall not manufacture, ship, sell, or offer | 20 |
| for sale
children's jewelry for retail sale in the State unless | 21 |
| the children's
jewelry is made entirely from one or more of the | 22 |
| following
materials:
| 23 |
| (1) A nonmetallic material that is a class 1 material.
| 24 |
| (2) A nonmetallic material that is a class 2 material.
| 25 |
| (3) A metallic material that is either a class 1 |
|
|
|
SB1687 |
- 6 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| material or
contains less than 0.06% (600 parts per | 2 |
| million) lead by
weight.
| 3 |
| (4) Glass or crystal decorative components that weigh, | 4 |
| in total, no
more than one gram, excluding any glass or | 5 |
| crystal decorative
component that contains less than 0.02% | 6 |
| (200 parts per
million) lead by weight and has no | 7 |
| intentionally added lead.
| 8 |
| (5) Printing ink or ceramic glaze that contains less | 9 |
| than 0.06% (600 parts per million) lead by weight.
| 10 |
| (6) Class 3 material that contains less than 0.02% (200
| 11 |
| parts per million) lead by weight.
| 12 |
| (c) Notwithstanding subdivision (a), on and after March 1, | 13 |
| 2008, a
person shall not manufacture, ship, sell, or offer for | 14 |
| sale body
piercing jewelry for retail sale in the State unless | 15 |
| the body
piercing jewelry is made of one or more of the | 16 |
| following materials:
| 17 |
| (1) Surgical implant stainless steel.
| 18 |
| (2) Surgical implant grade of titanium.
| 19 |
| (3) Niobium (Nb).
| 20 |
| (4) Solid 14 karat or higher white or yellow | 21 |
| nickel-free gold.
| 22 |
| (5) Solid platinum.
| 23 |
| (6) A dense low-porosity plastic, including, but not | 24 |
| limited to,
Tygon or Polytetrafluoroethylene (PTFE), if | 25 |
| the plastic contains no
intentionally added lead.
|
|
|
|
SB1687 |
- 7 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| Section 15. Penalty. | 2 |
| (a) A person who violates this Act shall be liable for a
| 3 |
| civil penalty not to exceed $2,500 per day for each violation. | 4 |
| That civil penalty may be
assessed and recovered in a civil | 5 |
| action brought in any court of
competent jurisdiction.
| 6 |
| (b) In assessing the amount of a civil penalty for a | 7 |
| violation of
this Act, the court shall consider all of the | 8 |
| following:
| 9 |
| (1) The nature and extent of the violation.
| 10 |
| (2) The number and severity of the violations.
| 11 |
| (3) The economic effect of the penalty on the violator.
| 12 |
| (4) Whether the violator took good faith measures to | 13 |
| comply with
this Act and the time these measures were | 14 |
| taken.
| 15 |
| (5) The willfulness of the violator's misconduct.
| 16 |
| (6) The deterrent effect that the imposition of the | 17 |
| penalty would
have on both the violator and the regulated | 18 |
| community as a whole.
| 19 |
| (7) Any other factor that justice may require.
| 20 |
| Section 20. Testing. | 21 |
| (a) The testing methods for determining compliance with | 22 |
| this
Act shall be conducted using the U.S. Environmental | 23 |
| Protection Agency reference methods 3050B or
3051 for the | 24 |
| material being tested, except as otherwise provided in
Section | 25 |
| 25, and in accordance with all of the
following procedures:
|
|
|
|
SB1687 |
- 8 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| (1) When preparing a sample, the laboratory shall make | 2 |
| every
effort to assure that the sample removed from a | 3 |
| jewelry piece is
representative of the component to be | 4 |
| tested, and is free of
contamination from extraneous dirt | 5 |
| and material not related to the
jewelry component to be | 6 |
| tested.
| 7 |
| (2) All jewelry component samples shall be washed prior | 8 |
| to testing
using standard laboratory detergent, rinsed | 9 |
| with laboratory reagent
grade deionized water, and dried in | 10 |
| a clean ambient environment. | 11 |
| (3) If a component is required to be cut or scraped to | 12 |
| obtain a
sample, the metal snips, scissors, or other | 13 |
| cutting tools used for
the cutting or scraping shall be | 14 |
| made of stainless steel and washed
and rinsed before each | 15 |
| use and between samples.
| 16 |
| (4) A sample shall be digested in a container that is | 17 |
| known to be
free of lead and with the use of an acid that is | 18 |
| not contaminated by
lead, including analytical reagent | 19 |
| grade digestion acids and reagent
grade deionized water.
| 20 |
| (5) Method blanks, consisting of all reagents used in | 21 |
| sample
preparation handled, digested, and made to volume in | 22 |
| the same exact
manner and in the same container type as | 23 |
| samples, shall be tested
with each group of 20 or fewer | 24 |
| samples tested.
| 25 |
| (6) The results for the method blanks shall be reported | 26 |
| with each
group of sample results, and shall be below the |
|
|
|
SB1687 |
- 9 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| stated reporting
limit for sample results to be considered | 2 |
| valid. | 3 |
| (b) In addition to the requirements of subsection (a) of | 4 |
| this Section,
the following procedures shall be used for | 5 |
| testing the following
materials:
| 6 |
| (1) For testing a metal plated with suitable undercoats | 7 |
| and finish
coats, the following protocols shall be | 8 |
| observed:
| 9 |
| (A) Digestion shall be conducted using hot | 10 |
| concentrated nitric
acid with the option of using | 11 |
| hydrochloric acid or hydrogen peroxide.
| 12 |
| (B) The sample size shall be 0.050 gram to one | 13 |
| gram.
| 14 |
| (C) The digested sample may require dilution prior | 15 |
| to analysis.
| 16 |
| (D) The digestion and analysis shall achieve a | 17 |
| reported detection
limit no greater than 0.1% for | 18 |
| samples.
| 19 |
| (E) All necessary dilutions shall be made to ensure | 20 |
| that
measurements are made within the calibrated range | 21 |
| of the analytical
instrument.
| 22 |
| (2) For testing unplated metal and metal substrates | 23 |
| that are not a
class 1 material the following protocols | 24 |
| shall be observed:
| 25 |
| (A) Digestion shall be conducted using hot | 26 |
| concentrated nitric
acid with the option of using |
|
|
|
SB1687 |
- 10 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| hydrochloric acid and hydrogen
peroxide.
| 2 |
| (B) The sample size shall be 0.050 gram to one | 3 |
| gram.
| 4 |
| (C) The digested sample may require dilution prior | 5 |
| to analysis.
| 6 |
| (D) The digestion and analysis shall achieve a | 7 |
| reported detection
limit no greater than 0.01% for | 8 |
| samples.
| 9 |
| (E) All necessary dilutions shall be made to ensure | 10 |
| that
measurements are made within the calibrated range | 11 |
| of the analytical
instrument.
| 12 |
| (3) For testing polyvinyl chloride (PVC), the | 13 |
| following protocols
shall be observed:
| 14 |
| (A) The digestion shall be conducted using hot | 15 |
| concentrated nitric
acid with the option of using | 16 |
| hydrochloric acid and hydrogen
peroxide.
| 17 |
| (B) The sample size shall be a minimum of 0.05 gram | 18 |
| if using
microwave digestion or 0.5 gram if using | 19 |
| hotplate digestion, and
shall be chopped or comminuted | 20 |
| prior to digestion.
| 21 |
| (C) Digested samples may require dilution prior to | 22 |
| analysis.
| 23 |
| (D) Digestion and analysis shall achieve a | 24 |
| reported detection
limit no greater than 0.001% (10 | 25 |
| parts per million) for
samples.
| 26 |
| (E) All necessary dilutions shall be made to ensure |
|
|
|
SB1687 |
- 11 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| that
measurements are made within the calibrated range | 2 |
| of the analytical
instrument.
| 3 |
| (4) For testing plastic or rubber that is not polyvinyl | 4 |
| chloride
(PVC), including acrylic, polystyrene, plastic | 5 |
| beads, or plastic
stones, the following protocols shall be | 6 |
| observed:
| 7 |
| (A) The digestion shall be conducted using hot | 8 |
| concentrated nitric
acid with the option of using | 9 |
| hydrochloric acid or hydrogen
peroxide.
| 10 |
| (B) The sample size shall be a minimum of 0.05 gram | 11 |
| if using
microwave digestion or 0.5 gram if using | 12 |
| hotplate digestion, and
shall be chopped or comminuted | 13 |
| prior to digestion.
| 14 |
| (C) Plastic beads or stones shall be crushed prior | 15 |
| to digestion.
| 16 |
| (D) Digested samples may require dilution prior to | 17 |
| analysis.
| 18 |
| (E) Digestion and analysis shall achieve a | 19 |
| reported detection
limit no greater than 0.001% (10 | 20 |
| parts per million) for
samples.
| 21 |
| (F) All necessary dilutions shall be made to ensure | 22 |
| that
measurements are made within the calibrated range | 23 |
| of the analytical
instrument.
| 24 |
| (5) For testing coatings on glass and plastic pearls, | 25 |
| the
following protocols shall be observed:
| 26 |
| (A) The coating of glass or plastic beads shall be |
|
|
|
SB1687 |
- 12 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| scraped onto a
surface free of dust, including a clean | 2 |
| weighing paper or pan, using
a clean stainless steel | 3 |
| razor blade or other clean sharp instrument
that will | 4 |
| not contaminate the sample with lead. The substrate | 5 |
| pearl
material shall not be included in the scrapings.
| 6 |
| (B) The razor blade or sharp instrument shall be | 7 |
| rinsed with
deionized water, wiped to remove | 8 |
| particulate matter, rinsed again,
and dried between | 9 |
| samples.
| 10 |
| (C) The scrapings shall be weighed and not less | 11 |
| than 50 micrograms
of scraped coating shall be used for | 12 |
| analysis. If less than 50
micrograms of scraped coating | 13 |
| is obtained from an individual pearl,
multiple pearls | 14 |
| from that sample shall be scraped and composed to
| 15 |
| obtain a sufficient sample amount.
| 16 |
| (D) The number of pearls used to make the composite | 17 |
| shall be
noted.
| 18 |
| (E) The scrapings shall be digested according to | 19 |
| EPA reference
method 3050B or 3051 or an equivalent | 20 |
| procedure for hot acid
digestion in preparation for | 21 |
| trace lead analysis.
| 22 |
| (F) The digestate shall be diluted in the minimum | 23 |
| volume practical
for analysis.
| 24 |
| (G) The digested sample shall be analyzed | 25 |
| according to
specification of an approved and | 26 |
| validated methodology for
inductively coupled plasma |
|
|
|
SB1687 |
- 13 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| mass spectrometry.
| 2 |
| (H) A reporting limit of 0.001% (10 parts per | 3 |
| million) in
the coating shall be obtained for the | 4 |
| analysis.
| 5 |
| (I) The sample result shall be reported within the | 6 |
| calibrated
range of the instrument. If the initial test | 7 |
| of the sample is above
the highest calibration | 8 |
| standard, the sample shall be diluted and
reanalyzed | 9 |
| within the calibrated range of the instrument.
| 10 |
| (6) For testing dyes, paints, coatings, varnish, | 11 |
| printing inks,
ceramic glazes, glass, or crystal, the | 12 |
| following testing protocols
shall be observed:
| 13 |
| (A) The digestion shall use hot concentrated | 14 |
| nitric acid with the
option of using hydrochloric acid | 15 |
| or hydrogen peroxide.
| 16 |
| (B) The sample size shall be not less than 0.050 | 17 |
| gram, and shall
be chopped or comminuted prior to | 18 |
| digestion.
| 19 |
| (C) The digested sample may require dilution prior | 20 |
| to analysis.
| 21 |
| (D) The digestion and analysis shall achieve a | 22 |
| reported detection
limit no greater than 0.001% (10 | 23 |
| parts per million) for
samples.
| 24 |
| (E) All necessary dilutions shall be made to ensure | 25 |
| that
measurements are made within the calibrated range | 26 |
| of the analytical
instrument.
|
|
|
|
SB1687 |
- 14 - |
LRB095 10705 CMK 30939 b |
|
| 1 |
| (7) For testing glass and crystal used in children's | 2 |
| jewelry, the
following testing protocols for determining | 3 |
| weight shall be used:
| 4 |
| (A) A component shall be free of any extraneous | 5 |
| material,
including adhesive, before it is weighed.
| 6 |
| (C) The calibration of the scale shall be accurate | 7 |
| to within 0.01
gram.
| 8 |
| Section 25. Authority. The Department of Commerce and | 9 |
| Economic Opportunity may adopt rules that modify the
testing | 10 |
| protocols specified as it
deems necessary to further the | 11 |
| purposes of this Act.
|
|