2 Legislation in the area

Survey and health assessment of chemical substances in jewelleries

2.1 Limitation of use of certain heavy metals
2.2 Limitation of use of benzidine

In the following relevant legislation regarding use of heavy metals and benzidine is shortly described.

2.1 Limitation of use of certain heavy metals

For the heavy metals lead, mercury, nickel and cadmium there is legislation on limitation of the use of these substances. The following legislation is relevant:

Statutory order on ban on import and sale of products containing lead. Stat.Ord. no. 1082 of 13.09.2007. (Taking effect as from 1 November 2007 and replacing Stat.Ord. no. 1012 of 13.11.2000).
Statutory order on ban on import, sale and export of mercury and mercury-containing products. Stat.Ord. 627 of 01.07.2003.
Statutory order on ban on sale, import and production of cadmium-containing products. Stat.Ord. 1199 of 23.12.1992.
Statutory order on ban on import and sale of certain nickel-containing products. Stat.Ord. no. 24 of 14.01.2000.
Statutory order on change of statutory order on ban on import and sale of certain nickel-containing products. Stat.Ord. no. 789 of 12.08.2005.
Law on control of works of precious metal etc. Law no. 308 of 17.05.1995.

According to these statutory orders it is banned to import and sell products, including jewelleries, containing more than 100 ppm (mg/kg) of mercury or lead in the homogeneous single parts of the product. Furthermore, it applies that import, sale and production of products in which cadmium forms a part as surface treatment (cadmium plating), dye pigment or plastic stabilizer with more than 75 ppm in the homogeneous single parts of the product is banned.

According to the Nickel Statutory Order (Stat.Ord. no. 24 of 14.01.2000 including the supplement Stat.Ord. no. 789 of 12.08.2005) it applies that “Nickel must not form a part of studs which are inserted into pierced ears and other pierced parts of the body unless the nickel release from such studs are less than 0.2 mg/cm²/week (migration limit)” – and that “Nickel must not form a part of products which are intended to get into direct and long contact with the skin if the nickel release from these parts which get into direct and long contact with the skin is larger than 0.5 mg/cm²/week for a period of at least two years at normal use”.

The law of control with works of precious metal etc. deals with among other things the requirements to the content of precious metals in goods, including jewelleries being sold as goods of precious metals. However, an inquiry (see Appendix B) among companies acting in the Danish precious metal industry indicated that there does not seem to be a problem with the content of undesirable heavy metals in products related to the precious metal industry, thus there is no focus on these types of jewelleries in this project.

Finally, the Toys Statutory Order can be mentioned which includes the requirements that toys for children may only release a certain amount of among others lead, mercury, cadmium, selenium, chromium, barium, arsenic and antimony (see Appendix G). Jewelleries addressing children and possessing a “play function” must be labelled with the CE label. CE labels indicate that the jewellery fulfils all the valid rules within the toys area. Even if a few of the purchased jewelleries looked like jewelleries addressing children it was not possible to find jewelleries labelled with the CE label during the purchasing phase.

2.2 Limitation of use of benzidine

The following legislation is relevant regarding textile necklaces containing benzidine:

Statutory Order on ban on import, sale and use of certain azo-dyes. Stat.Ord. no. 755 of 15.08.2003.

According to this Statutory Order applies that use of azo-dyes is banned in textile and leather goods which can get into direct contact with skin or oral cavity for a longer period at humans if these azo-dyes at reductive decomposition of one or several azo-groups can release one or several of the aromatic amines, which are listed in Appendix F of this report, in concentrations above 30 ppm in the finished good or in the dyed parts of this. Benzidine is one of the aromatic amines mentioned in Appendix F.

According to the Statutory Order it is not forbidden to sell a product containing benzidine as long as not more than 30 ppm of benzidine is released. Furthermore, it applies that import and sale of the above-mentioned textile and leather goods are banned if they are dyed with the azo-dyes mentioned in Appendix E of this report.