Toxics: enforcement: lead and cadmium jewelry.

(1) Existing law prohibits the manufacturing, shipping, selling, or offering for sale of jewelry, as defined, for retail sale in the state, unless the jewelry is made entirely from specified materials. Existing law also prohibits any person from taking those actions with regard to children's jewelry, as defined, unless the children's jewelry is made entirely of specified materials. Existing law, for purposes of those provisions, defines among other terms, "amended consent judgment" and "jewelry." Existing law excludes a person who violates those prohibitions from the criminal penalties otherwise imposed pursuant to the hazardous waste control laws and instead provides that a person who violates those prohibitions is liable for a civil penalty not to exceed $2,500 per day for each violation. Existing law specifies that a party that is a signatory to an amended consent judgment, or a party to a consent judgment entered in a specified consolidation action that contains certain terms is deemed to be in compliance with those provisions. Existing law requires these collected civil penalties to be deposited in the Hazardous Waste Control Account, for expenditure by the Department of Toxic Substances Control, upon appropriation by the Legislature, to implement and enforce those prohibitions. This bill would delete those provisions defining the term "amended consent judgment," and those provisions specifying that a party that is a signatory to the above-described amended consent judgment or consent judgment enacted in a specified consolidation action is deemed to be in compliance with those provisions. The bill would also revise the definition of the term "jewelry." (2) Existing law requires a manufacturer or supplier to provide a specified certification to a person who sells or offers for sale that manufacturer's or supplier's jewelry, upon the request of that person, or to display the certification prominently on the shipping container or on the packaging of jewelry. This bill would instead require a manufacturer or supplier of jewelry that is sold, offered for sale, or offered for promotional purposes to prepare this certification and would delete the condition that the certification be provided on request, thereby requiring the manufacturer or supplier to either provide the certification to a person who sells or offers for sale that manufacturer's or supplier's jewelry or to display the certification prominently on the shipping container or on the packaging of jewelry. (3) Existing law imposes criminal penalties upon a manufacturer or supplier of jewelry who knowingly and intentionally manufactures, ships, sells, offers for sale, or offers for promotional purposes jewelry containing lead or cadmium in violation of those provisions or who knowingly and with intent to deceive falsifies any document or certificate required to be kept or produced pursuant to those provisions. This bill would impose a state-mandated local program by creating a new crime with regard to the sale, or offering for sale, of this jewelry and the preparation of the certification. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.