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.
Control of Lead Release From TablewareStandards
Section § 108860
This law makes it illegal to make, process, import, sell, or offer for sale any tableware in California that releases harmful amounts of lead or cadmium. These amounts are measured against safety standards set by the FDA, outlined in specific Compliance Policy Guides. If more stringent standards are later adopted, those must be followed as well.
tableware lead safety standards cadmium regulations
Section § 108870
This law requires that all tableware sold or offered for sale in California must have the manufacturer's or importer's name permanently marked on it. This mark must be durable and integrated into the glaze of the tableware.
However, the rule does not apply to tableware that is free of lead or cadmium. It also doesn't apply if the tableware is too small or uniquely shaped to include the manufacturer's name, as long as it either has a registered trademark or is part of a larger set where other pieces are properly marked.
(a)CA Health & Safety Code § 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)CA Health & Safety Code § 108870(b) For the purposes of this section, permanently and indelibly marked means fired or manufactured into the glazed tableware.
(c)CA Health & Safety Code § 108870(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)CA Health & Safety Code § 108870(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).
tableware manufacturer marking importer responsibility
