SECTIONS 108860-108870 - California Statutes

HEALTH AND SAFETY CODE

SECTION 108860-108870

108860. It is unlawful to manufacture, process, import, sell,
deliver, hold for sale, supply, or offer for sale in this state any
tableware that releases a level of lead or cadmium in violation of
the standards contained in the Compliance Policy Guides 7117.06 and
7117.07 as described in 54 Federal Register 23485 or any subsequent,
more stringent standards adopted by the United States Food and Drug
Administration, as determined by the director.

108870. (a) Except as provided in subdivisions (c) and (d), each
piece of tableware sold, or offered for sale, in this state shall be
permanently and indelibly marked with the name of the manufacturer or
importer responsible for the sale of the tableware in California.
(b) For the purposes of this section, permanently and indelibly
marked means fired or manufactured into the glazed tableware.
(c) This section shall not apply to any tableware that is
manufactured without lead or cadmium as an intentionally added
ingredient or as an unintentional contaminant.
(d) This section shall not apply to any tableware product that is
of a peculiar structure or too small to accommodate the name of the
manufacturer or importer in accordance with subdivision (a), provided
that the product either (1) is permanently and indelibly marked with
a registered trademark that is on file with the department, or is
described and depicted in a certificate of registration that is on
file with the department, or (2) is part of a tableware set or
pattern, one or more pieces that are marked in accordance with
subdivision (a).