Lead
in Tableware - Regulation Information
Regulation of Lead in
Tableware
Several laws and regulations govern the sale of tableware that contains
lead in California. Each regulation establishes standards for the amount
of lead that can pass from tableware into food. Enforcement methods for
each standard vary among the regulatory agencies. This document provides
a brief overview of the regulations and agencies involved, what standards
for lead in tableware each agency uses, and what they mean. Included with
the description of each agency is information on how to obtain the text
of the entire regulation or enforcement document. As with any regulated
industry, compliance is not universal. Consumers are encouraged to contact
the regulatory agencies if they suspect a violation.
1. U.S. Food and Drug Administration (FDA)
The U.S. Food and Drug Administration (FDA) sets standards at the national
level for the amount of lead that can pass out of, or "leach,"
from dishes. Tableware with lead levels greater than these standards cannot
legally be sold in the U.S. The FDA regulations cover only tableware that
is imported or that is brought into the state for sale. The standards apply
only to items that are used for foods and beverages. They do not apply
to pieces that either cannot hold liquids or are not intended to hold liquids,
such as salt shakers, cookie jars, butter dishes, etc. See the table below
for the FDA standards for lead in ceramicware.
Decorative ceramics
The FDA has labeling rules for ornamental or decorative ceramics that are
not intended for food use. These items must either (1) be permanently labeled
with a logo or statement that they are unsuitable for food use, or (2)
be made incapable of holding liquid. If an item is clearly intended for
food use, such as a bean pot, labeling it is not sufficient, however. It
must be made unusable, for example, by having a hole drilled through any
surface that could hold liquid.
Enforcement
These regulations affect manufacturers, retailers, distributors, and importers.
The FDA may seize and destroy goods, and it may detain or refuse entry
of imports. The FDA may also place foreign factories under an Import Alert
that causes the detention of future imports of their ceramics.
FDA district offices enforce these regulations. To report a possible
violation of FDA standards or for questions from regulated industry, contact
your local FDA District Office in Northern California: (510) 337-6741;
or Southern California: (310) 971-2280.
You can also use these phone numbers to request the complete texts of
related regulations, such as the FDA Compliance Policy Guidelines
for Lead in Ceramics (CPG 7117.07, Sec. 545.450). FDA information
can also be accessed on the World Wide Web at: http://www.fda.gov
2. California Proposition 65
Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement
Act, was passed by California voters in 1986. It requires businesses to
inform people when they are exposed to chemicals (including lead) known
to cause cancer, birth defects, or reproductive harm. Proposition 65 requires
makers of ceramic tableware that contains lead glazes, paints, or enamels
to warn consumers if significant amounts of lead leach from the tableware
into foods or beverages placed in it. Proposition 65 also applies to glassware
for food use, particularly crystal. The standards established by Proposition
65 are significantly stricter than those of the FDA.
Warning requirements
Proposition 65 does not ban any tableware from sale. However,
it does require that a warning be provided if lead leaches from the food
surface in amounts greater than Proposition 65 levels (see table below).
A yellow triangle like a "Yield" sign must
be placed on or next to these dishes when they are sold or displayed for
sale. In addition, a sign must be displayed in retail stores explaining
that dishes with the triangle will expose users to lead. Proposition 65
warnings for mail order purchases must be posted in the catalogue or on
the packing invoice. The manufacturer must tell retailers that its products
require a warning and provide the necessary warning signs and stickers.
Businesses with fewer than 10 employees are exempt from these warning
requirements,
so the consumer must be cautious when buying unmarked tableware in small
stores.
Enforcement
There is no system of inspections to monitor compliance with Proposition
65. Lawsuits are the primary means of enforcement. Lawsuits to enforce
Proposition 65 may be brought by the State Attorney General and local District
Attorneys. Private citizens may sue if they notify public prosecutors and
the potential defendant(s) of a violation, and the public prosecutors do
not sue within 60 days.
To report a possible violation of Proposition 65, contact the California
Attorney General's office at (510) 873-6321.
You can also use this phone number to request the complete compliance
guidelines for businesses that manufacture, import or sell tableware
(Compliance
With Proposition 65 Standards For Lead Exposure From Ceramic Tableware,
March 26, 1993).
3. The California Tableware Safety Law
The California Tableware Safety Law (Assembly Bill 3659) came into
effect on July 1, 1991. It prohibits the sale in California of tableware
that leaches lead or cadmium in excess of levels specified in FDA guidelines
for tableware (see table below). This law applies to more types of tableware
than the FDA regulations. It includes any glazed ceramicware, enameled
metalware, or pewter products that may come into contact with food or drink.
Unlike the FDA regulations, it also covers tableware that is made in
California.
Marking requirements
The Tableware Safety Law requires manufacturers or importers of tableware
into California to permanently mark each piece containing lead or cadmium
with their company names or trademarks. They must also file a copy of the
name or trademark with the Food and Drug Branch of the Department of Health
Services. This allows the Food and Drug Branch to track the origin of suspect
tableware.
Enforcement
The Tableware Safety Law is enforced by the California Department of Health
Services Food and Drug Branch. Tableware sold or offered for sale in California
with lead levels that exceed FDA standards, or tableware that is not marked
in accordance with the Tableware Safety Law, is subject to enforcement
action. Actions may include embargo of unsafe tableware, as well as civil,
criminal, or administrative action against the persons responsible for
the violations.
To report a possible violation of the Tableware Safety Law, contact
the California Department of Health Services Food and Drug Branch at (800) 495-3232.
Requests for the complete text of the law (Assembly Bill 3659) or related
regulations may also be made at this number.
4. Standards for Lead In Tableware
The standards below are based on the amount of lead that can leach
out of tableware and potentially into food. If the amount is greater than
that listed below, the tableware is considered potentially hazardous.
|
Type of tableware
|
FDA/ California Dept. of Health Services
Tableware exceeding these levels cannot legally
be sold in the USA.
|
California
Proposition 65*
Tableware exceeding these levels must carry a
warning when sold in California.
|
| Flatware (plates) |
3.0 ppm
|
0.226 ppm
|
| Small hollowware (bowls) |
2.0 ppm
|
0.1 ppm
|
Large hollowware
(serving dishes) |
1.0 ppm
|
0.1 ppm
|
| Cups or mugs |
0.5 ppm
|
0.1 ppm
|
| Large pitchers, jugs |
0.5 ppm
|
0.1 ppm
|
ppm = parts per million
* The Attorney General has used these standards to enforce
the law, but they are not an officially adopted regulation.
What the numbers mean
The standards apply to the amount of lead that can leach from tableware
into food. This is determined by an official laboratory test in which the
food-bearing part of the dish is exposed to a mildly acidic solution (vinegar)
for a specific period of time. The acidic solution is then tested to see
how much lead it contains. The lead is measured in parts per million (ppm).
The test does not measure how much lead is in the dish, but rather how
much lead can leach into food when the dish is used.
