Enhanced regulatory standards are only as good as the test methods and equipment used to determine the lead and cadmium content levels to ensure accuracy. Currently, SB647 include EPA test methods 3050a, 3051b and 3052 which are valid for soil and NOT for jewelry. These test methods must be removed from SB647 to protect the public from companies using bad test methods to put unsafe products on the market, endangering our children. That is why we maintain that SB647 as it currently stands is the UNSAFE Jewelry Act.
A 4 year old boy with microcephaly died in 2006 after he swallowed a charm filled with toxic lead. This charm was tested using EPA3050, a test method designed for Soil and NOT Jewelry. In their report, the CDC noted extreme variability using EPA3050, consistent with other jewelry test results using this method. This indicates that EPA3050 could not accurately detect Lead and Cadmium in jewelry. Today, this boy may have still been alive because the Consumer Product Safety Commission (CPSC) created valid jewelry methods that produce accurate results to ensure safety.
Safe Jewelry can only be ensured with accurate testing. However, SB647 goes against the CPSC Safety Requirements, allowing companies to test their products using EPA soil methods potentially resulting in jewelry with toxic chemicals to be sold. A single bad test report with wrong methods could result in thousands of unsafe products in retail stores.
In addition, the DTSC is requesting spending millions of dollars to purchase XRF Machines. XRF machines provide a “screening” analysis to determine if the chemical is inside the product. However, if XRF machines determine that lead or cadmium is in the product, it cannot be relied on to determine whether the amount is within the safety guidelines specified in SB647. According to the US Consumer Product Safety Commission and laboratories, due to the errors in XRF, ICP machines and CPSC test methods must be used to determine if the product is safe or not safe. See the attached comments from experts, the CSPC and major federally approved testing labs supporting this conclusion.
The CPSC spent years developing accurate test methods and equipment to ensure safe consumer products. To avoid putting children in danger from toxic chemicals due to inaccurate testing, SB647 must include the most accurate, valid test methods and equipment or unsafe products could be sold and harm children.
Citizens for Safe Consumer Products