uk legislation > Lead
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lead

There is currently no specific legislation regarding the use of lead in jewellery in the UK but there are regulations in relation to lead, and other toxic elements, in toys (i.e. Safety of Toys – BS EN 71-3:1995 – Migration of certain elements).  In the meantime Canada and many States in the USA have now imposed specific restrictions on lead in children’s jewellery. 

In the UK, products that are not controlled under specific regulations (e.g. Lead in jewellery items) fall under the General Product Safety Regulations 2005/1803. Products which do not comply contravene the Consumer Protection Act 1987 which is enforced by Trading Standards Officers who have wide powers to inspect and seize infringing articles.   

The Regulations impose obligations on Producers and Distributors, who are responsible for the safety of products intended for Consumers.  The Regulations apply where there are no other specific provisions.  ‘Product’ is widely defined but covers items used or likely to be used by Consumers even when they are given as a ‘free gift’. The ‘General Safety Requirement’ (GSR) means that only safe products should be placed on the market. A safe product is one that “under normal or reasonably foreseeable conditions of use does not present any risk or only the minimum risks compatible with the product’s use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons”.

The characteristics of the product including its composition will be taken into account. Items made using a lead casting as the base are therefore suspect, being shielded from users only by an outer coating. The law recognizes that categories of consumers can be at risk when using the product, in particular children and the elderly.

Producers are the manufacturers, any other person presenting themselves as the manufacturer by affixing their name, trade mark or other distinctive mark; the importer; and others in the supply chain. ‘Producers’ carry the main responsibility for ensuring that their products comply with the GSR  and must only place safe products on the market.

Distributors are those in the supply chain whose activity does not affect the safety properties of a product – they simply sell them to the public. A retailer who sells jewellery is an obvious example.
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