SECTIONS 22120-22132 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 22120-22132

22120. The provisions of this article shall apply exclusively to
the following metals and to the alloys of each:
(a) Platinum
(b) Iridium
(c) Palladium
(d) Ruthenium
(e) Rhodium
(f) Osmium.

22121. "Quality mark" is any mark describing, identifying or
referring to or appearing or seeming or purporting to indicate,
describe, identify or refer to the partial or total presence or
existence of, or the quality of, or the percentage of, or the purity
of, or the number of parts of platinum, iridium, palladium,
ruthenium, rhodium or osmium in any article.

22122. No more than one quality mark shall be applied to any
article and such quality mark shall be applied to such article in
only one place thereof, except as otherwise in this article
specifically permitted. Each quality mark shall be legible, clear and
distinct.

22123. If an article is composed of mechanism, works or movements
and of a case or cover containing the mechanism, works or movements,
a quality mark applied to the article shall not apply to the
mechanism, works or movements.

22124. A quality mark applied to any article shall not apply to
springs, winding bars, sleeves, crown cores, mechanical joint pins,
screws, rivets, dustbands, detachable movement rims, hat-pin stems,
bracelet or necklace snap tongues.

22125. If a quality mark is applied to an article in accordance
with the provisions of subdivision (e) of Section 22128, it shall not
apply to pin tongues, joints, catches, lapel button backs and posts
to which they are attached, scarf-pin stems, hat-pin sockets,
shirt-stud backs, vest-button backs and any screw backs, if such
parts are made of the same quality of gold as that used in the
balance of the article.

22126. If a quality mark is printed, stamped or branded on any
article itself, the person so applying such mark shall also apply a
trade-mark duly applied for or registered to him under the laws of
the United States.
If the person so applying such quality mark is the manufacturer of
the article and has sold or contracted to sell such article to a
jobber, wholesale or retail dealer regularly engaged in the business
of buying and selling similar articles, this section shall be deemed
to be complied with if a trade-mark duly registered under the laws of
the United States to such jobber, wholesale or retail dealer is
applied to such article.
A manufacturer of an article may also mark on the article, in
addition to the marks herein specifically required, numerals intended
to identify the article or the design or pattern used in such
article if such numerals do not appear or purport to be a part of the
quality mark and are not calculated to mislead or deceive any person
into believing that they are a part of the quality mark.

22127. Wherever in this article provision is made for marking the
number of parts or percentage of metals in any article such number or
percentage shall refer to weight and not to volume, thickness or any
other standard of measurement.

22128. No quality mark shall be applied to any article except in
accordance with the following provisions of this section:
(a) An article consisting of at least 985/1000ths parts of
platinum, iridium, palladium, ruthenium, rhodium, or osmium, where
solder is not used and at least 950/1000ths parts of said metal or
metals where solder is used, may be marked "platinum"; provided, that
the total of the aforementioned metals other than pure platinum
shall amount to no more than 50/1000ths parts of the contents of the
entire article.
(b) An article consisting of at least 985/1000ths parts of
platinum, iridium, palladium, ruthenium, or osmium, where solder is
not used and at least 950/1000ths parts of the said metal or metals
where solder is used; and provided further, that at least 750/1000ths
parts of said article are pure platinum, may be marked "platinum";
provided immediately preceding the mark "platinum" there is marked
the name or abbreviation of either iridium, palladium, ruthenium,
rhodium, or osmium, whichever of said metals predominates; and
provided further, that such predominating other metal must be more
than 50/1000ths parts of the entire article.
(c) An article consisting of at least 985/1000ths parts of
platinum, iridium, palladium, ruthenium, rhodium, or osmium, where
solder is not used and at least 950/1000ths parts of said metals
where solder is used; provided, more than 500/1000ths parts of said
article consists of pure platinum, may be marked with the word
"platinum"; provided, that said word is immediately preceded by a
decimal fraction in one-thousandths showing the platinum content of
the entire article; and further provided, that said mark "platinum"
be followed by the name or abbreviation as herein allowed, of such
one or more of the following metals, to wit: iridium, palladium,
ruthenium, rhodium, or osmium, that may be present in the article in
quantity of more than 50/1000ths parts of the entire article. The
name of such other metal or metals other than platinum, however,
shall each be immediately preceded by a decimal fraction in
one-thousandths showing the content of such other metal or metals in
proportion to the entire article, as for example, 600 plat., 350
pall., or 500 plat., 200 pall., 150 ruth., 100 rhod.
(d) An article consisting of 950/1000ths parts of the following
metals: Platinum, iridium, palladium, ruthenium, rhodium, or osmium
with less than 500/1000ths parts of the entire article consisting of
pure platinum, may be marked with the name iridium, palladium,
ruthenium, rhodium, or osmium, whichever predominates in the said
article, but in no event with the mark "platinum"; provided, however,
that the quantity of such metal other than platinum so marked, must
be marked in decimal thousandths; and provided further, that the name
of such metal other than platinum so used must be spelled out in
full irrespective of any other provisions of this article to the
contrary.
(e) An article composed of platinum and gold which resembles,
appears or purports to be platinum, may be marked with a carat mark
and the platinum mark; provided:
1. The platinum in such article shall be at least 985/1000ths
parts pure platinum; and
2. The fineness of the gold in such article shall be correctly
described by the carat mark of said gold; and
3. The percentage of platinum in such article shall be no less
than 5 per cent in weight of the total weight of the article.
The mark shall be so applied that the carat mark shall immediately
precede the platinum mark, as for example, "14 K & Plat.," "l8 K &
Plat.," as the case may be. If the percentage of platinum exceeds 5
per cent, the quality mark may also include a declaration of the
percentage of platinum, as for example, "18 K & l/10 Plat.," or "14 K
& l/8 Plat.," or as the case may be.
(f) An article composed of platinum and any other material or
metal not resembling, appearing or purporting to be platinum, may be
marked with the word "platinum"; provided, all parts or portions of
such article resembling or appearing or purporting to be platinum, or
reasonably purporting to be described as platinum by said quality
mark, shall be at least 985/1000ths parts pure platinum.

22129. Abbreviations. Whenever provided for in this article, and
except as specifically excepted in paragraph (d) of Section 22128:
(a) The word "platinum" may be applied by spelling it out in full
or by the abbreviation "plat."
(b) The word "iridium" may be applied by spelling it out in full
or by the abbreviation "irid."
(c) The word "palladium" may be applied by spelling it out in full
or by the abbreviation "pall."
(d) The word "ruthenium" may be applied by spelling it out in full
or by the abbreviation "ruth."
(e) The word "rhodium" may be applied by spelling it out in full
or by the abbreviation "rhod." and
(f) The word "osmium" may be applied by spelling it out in full or
by the abbreviation "osmi.".

22130. In any action relating to the enforcement of any provision
of this article, a certificate duly issued by an assay office of the
Treasury Department of the United States, certifying the weight of
any article, or any part thereof, or of the kind, weight, quality,
fineness or quantity of any ingredient thereof, shall be receivable
in evidence as constituting prima facie proof of the matter or
matters so certified.

22131. In any action relating to the enforcement of any provision
of this article, proof that an article has been marked in violation
of the provisions of this article shall be deemed to be prima facie
proof that such article was manufactured after this article became
effective.

22132. Any person or any officer, director, employee or agent of
any person who makes, sells, or offers to sell, or dispose of, or has
in his possession, with intent to sell or dispose of any article to
which is applied any quality mark which does not conform to all of
the provisions of this article, or from which is omitted any mark
required by the provisions of this article, shall be guilty of a
misdemeanor.
It shall be a defense to any prosecution under this article for
the defendant to prove that the said article was manufactured and
marked with the intention of and for purposes of exportation from the
United States and that the said article was either actually exported
from the United States to a foreign country within six months after
the date of manufacture thereof with the bona fide intention of being
sold in the said country and of not being reimported; or that it was
delivered within six months after date of manufacture thereof, to a
person whose exclusive customary business is the exportation of such
articles from the United States.