Swarovski Crystals???

[Former_Member]

I know they are leaded and I have stated the california's warning on my listing for them.

I make rings out of them intended for adults, but if that adult purchases one and gives it to the child, am I liable?

My state as far as I know does not have the same lawy as California, but is the CPSIA for all states?

Kind of stupid on this and just thought it was for paint and fabrics, I did not know it was for jewelry too.

SO have lurked around and not seen what I need to know.

Can anyone help?

[Former_Member]

I have read anything yet that makes me unliable.

Does that mean I need to have a sign at my rings stating that they are only intended for adults over 12 years of age?

I am sorry if this has been addressed, I have looked but not found exactly what I do.

[FayeMaloneDesigns]

Yes the CPSIA applies to the entire USA.
Yes have a sign that says not intended for people "Under 13"
Do not use any tags that refer to children, or children in your description.

Once it's sold, you can't control what someone will do with the product.

[Former_Member]

Oh Thank you for replying!!!

Is it under 12 or 13? Just want to clarify, I thought it was 12 that I read in the brochure someone else linked to.

[BotanicalHouseDesign]

http://jewelry-business-blog.com/jewelry_business/the-lead-jewelry-law-and-swarovski-crystals-a-lett...

[FayeMaloneDesigns]

12 and under. So thru age 12 up to the 13th birthday.

[Former_Member]

It does get very tricky for jewelry since there is no standardized sizes for jewelry to be considered firmly an adult item. If you read the way the goverment age guideline states for what is children's jewelry especially in respects to playing dress up, it is very vague and leaves a lot open to interpetation.
Perhaps the worst part for jewelry designers is that testing has been required since March 20th 2009, unless the piece is made of entirerly exempt materials, & in certain states it has been ruled that the law is retro-active to all existing stock on hand.

Here's some reading to get you started on understanding the CPSIA.

The CPSC's age determination guideline http://www.cpsc.gov/BUSINFO/adg.pdf

A timeline from the CPSIA http://www.cpsc.gov/about/cpsia/rulemaking.pdf

Also the lead testing and phthalate tesing is retro-active
http://www.cpsc.gov/library/foia/advisory/317.pdf for more info.

Standard Operating Procedure for Determining Total Lead (Pb) in
Children’s Metal Products (Including Children’s Metal Jewelry) found at http://www.cpsc.gov/about/cpsia/CPSC-CH-E1001-08.pdf

Even non-metal components must be tested using destructive digestive testing read more here http://www.cpsc.gov/about/cpsia/CPSC-CH-E1002-08.pdf

The main CPSC website
http://www.cpsc.gov/

The CPSIA main website
http://www.cpsc.gov/about/cpsia/cpsia.html

CPSIA guidance for small businesses/crafters includes a quick look guide Table : B exempt raw material list
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf

The current overview of the "final" determination of raw materials for exepmtion
http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf

Info on a workshop to be hosted by the CPSC on testing and certification.
http://www.cpsc.gov/library/foia/foia10/brief/producttesting.pdf

Tracking labels
http://www.cpsc.gov/about/cpsia/sect103policy.pdf

CPSIA's FAQ page
http://www.cpsc.gov/about/cpsia/sect103.html#103q8

Small Parts Regulations Summary http://www.cpsc.gov/BUSINFO/regsumsmallparts.pdf
Small Parts labeling
http://www.cpsc.gov/BUSINFO/label.pdf
Maybe some one else has a link to a plain english version of the small parts regulations, but these 2 links are the best I have.

[jeridiehard]

Re: Lead and Swarovski Crystals::
Recently, there has been an increased regulatory focus on potential human exposure to lead from various consumer products, including jewelry. Crystal has unique properties. The crystal manufacturing process creates a matrix which inhibits the mobility of lead. In other words, lead is bound into the structure of the crystal. Because of this structure, lead crystal poses no significant risk of excessive lead exposure to human health via surface contact (hand to mouth), mouthing or even ingestion. Indeed, Swarovski crystals have been tested under a variety of test methods for extractable lead. Test conditions and procedures do vary, but lead levels are well below regulatory limits even when the crystal is tested in an acid solution to maximize the release of lead.

[jeridiehard]

I pulled this off of one of the government websites!!

[FayeMaloneDesigns]

That is true, BUT, the law states that ANY amount of lead can not be ingested. So you need to read the latest blurb, it may be in the "final rule" as JDM as listed the link above or it may be in one of the miriad of other letters, rulings and writing. I'm not going to go thru the 10 billion of PDF that the gov has spit out in the last year on the subject. But the Commission as stated that because the law says "any lead" they can not allow "any lead" until the arse holes in congress change the law.

[Former_Member]

My 6 year old daughter wears crystal jewelry I make for her. I trust it and her.

I make jewelry and sell it. I cant stop people from buying and giving to their child. I worry about that also.

[Former_Member]

So Swarovski crystals have to come with a warning. LOL But we can go into any fine department store and purchase expensive lead crystal glasses for drinking from and that's okay. Really, strange huh ? =D

[Former_Member]

jeridiehard, what website?
http://www.cpsc.gov/library/foia/ballot/ballot09/fjtaexclusionrequest.pdf contains the voting record in regards to glass, crystal, and rhinestones. It gives the reasoning of why 2 committee members voted against and the lone agreeable member voted the way they did.

From http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf

"CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1500
Children's Products Containing Lead; Determinations Regarding Lead Content Limits on Certain Materials or Products; Final Rule
AGENCY: Consumer Product Safety Commission.
ACTION: Final Rule."(from pg 1)
...
"11. Glass, crystals, and rhinestones.
Several commenters listed glass, glass beads, rhinestones, leaded glass crystals, and porcelain enamel as items that should be exempted from compliance with the CPSIA requirements for lead content or testing.
While not all glass or glass products, crystals, or rhinestones contain lead at levels that exceed the CPSIA lead limits, in the absence of tests or other data on these products, we cannot verify that such products meet the CPSIA's lead content limits. Further, many leaded glass crystals and other glass-based products contain lead at levels exceeding the statutory limits and, therefore, cannot be included in a determination that they do not and would not contain lead. We also note that, on July 17, 2009, the Commission voted 2-1 to deny a request to exclude crystal and glass beads, including rhinestones and cubic zirconium, from the lead content limits. The Commissioners' statements accompanying that decision can be found at:
http://www.cpsc.gov/about/cpsia/sectl01.html#statements ." (from page 28)

With the current testing method that the CPSIA allows is for total acid destruction of all elements except for lead not just digestive acid release testing that the EPA and FDA employ so convincing the current CPSIA commitee members to revisit their decision will be near the realm of impossible. Short of Congress or the House of Represenatives overruling this decision or until there is a complete change of committe members and a new application for exemption to be voted on, all glass based items will need to be tested regardless of their special suspension properties.

[Former_Member]

AlmostPrecious

So Swarovski crystals have to come with a warning. LOL But we can go into any fine department store and purchase expensive lead crystal glasses for drinking from and that's okay. Really, strange huh ? =D
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++=

Yep.I'm not putting a warning on my earrings! I don't promote to children, but I do buy for mine, but she wears her jewelry then takes it off and puts it away, she don't taste or eat them :-). The only concern I would really have with crystals is the chocking hazard in small children.

[Former_Member]

As you can imagine, ballroom dress designers are having a lovely time with these absurd guidelines. YES the gowns are handmade... YES the dancers are children... YES the gowns are covered in Swarovski... YES Swarovski has lead...

[AutumnReed]

DesignsbyShellie says

As you can imagine, ballroom dress designers are having a lovely time with these absurd guidelines. YES the gowns are handmade... YES the dancers are children... YES the gowns are covered in Swarovski... YES Swarovski has lead...
*******************************************8
OMG can we get these kids to sign a waiver? It's gotta sparkle!

[Former_Member]

hmmmm...interesting

[Former_Member]

The people I know who have juniors involved in some sort of competition are either ignorant of or simply ignore these guidelines.

I mean, seriously. Imagine all of the Swarovski flatbacks that have been a traditional part of competition wear for children... ballroom dance, ice skating, equestrian, beauty pagents, dance teams... Costume designers are simply going to stop using Swarovski? Yeah. Right. Every mother trying to save a dime, and every dance studio with a competition team is going to gather up every used costume and pitch it? Riiiiiiiight.

[Former_Member]

Marking for later perusal.

[RHLJewelry]

Marking for later....

[Former_Member]

Interesting stuff here! I don't use Swarovski crystals often, but I will definitely remember this when I do.

Don't you love the government? (sarcasm)

[Former_Member]

I think there is way too much government in our lives. Wish there was a way to get them to butt out of everything but what they are suppose to do.

[Former_Member]

so do I need to put a warning clause in the description of jewelry that has swarovski crystals because I use them in some of my pieces?

[Former_Member]

That's kinda crappy here buy this but warning there loaded with lead :(

[Former_Member]

Lovejewelrydesigns says:
so do I need to put a warning clause in the description of jewelry that has swarovski crystals because I use them in some of my pieces?
____________________________________________________________

There are two major laws that concern lead in jewelry and several more in process in certain states.

1) Federal - CPSIA - where all items sold for or marketed to children under 13 must undergo expensive & destructive testing of the final product to prove what the total lead content is. If the product does not get tested or the test results are over the limit and the manufacturer or crafter still chooses to sell or market the item with children in mind the penalities are stiff.

2) The California Lead in Jewelry Law - which affects all types of jewelry & certain other accessories including items made for adults. Certain Classes of raw materials &/or components must meet a specific lead limit some will require no warning like surgical steel or silver or stones, other things like Swarovski and pewter will be required to carry a warning that the piece carries an undisclosed but safe amount of lead, while others are banned outright from sale to addresses in CA. The 2 nice things that is allowed under the CA Law is that a crafter can use material supplier testing certs or CA class descriptions as their own & that mail order and internet sales sites can carry a disclaimer that they will not ship items to CA address if the maker/retailer does not have all the Classification info on for all of their materials used in the final item.

3) Illinois and 3 other states currently have similar bills to the CA Lead in Jewelry law in for voting to their state congress & represenatives.