REPORT TITLE:
Platinum


DESCRIPTION:
Updates the gold and silver stamping laws to incorporate Federal
Trade Commission guidelines for platinum.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           370
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PLATINUM JEWELRY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 482D, Hawaii Revised Statutes, is
 
 2 amended by amending the title to read as follows:
 
 3                        "[[]CHAPTER 482D[]]
 
 4            GOLD [AND], SILVER, AND PLATINUM STAMPING"
 
 5      SECTION 2.  Chapter 482D, Hawaii Revised Statutes, is
 
 6 amended by adding a new section to be appropriately designated
 
 7 and to read as follows:
 
 8      "482D-    Platinum; misuse of words.  (a)  It shall be an
 
 9 unfair or deceptive trade or practice under section 480-2 to use
 
10 the words "platinum", "iridium", "palladium", "ruthenium",
 
11 "rhodium", and "osmium", or any abbreviation to mark or describe
 
12 all or part of an industry product if the marking or description
 
13 misrepresents the product's true composition.  The platinum group
 
14 metals ("PGM") are platinum, iridium, palladium, ruthenium,
 
15 rhodium, and osmium.
 
16      (b)  A misleading marking or description shall include but
 
17 not be limited to the following:
 
18      (1)  Use of "platinum" or any abbreviation, without
 
19           qualification, to describe all or part of an industry
 

 
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 1           product not composed throughout of 950 parts per
 
 2           thousand pure platinum;
 
 3      (2)  Use of "platinum" or any abbreviation accompanied by a
 
 4           number indicating the parts per thousand of pure
 
 5           platinum contained in the product without mention of
 
 6           the number of parts per thousand of other PGM contained
 
 7           in the product, to describe all or part of an industry
 
 8           product that is not composed throughout of at least 850
 
 9           parts per thousand pure platinum; or
 
10      (3)  Use of "platinum" or any abbreviation thereof, to mark
 
11           or describe any product that is not composed throughout
 
12           of at least 500 parts per thousand pure platinum.
 
13      (c)  Non-misleading uses of PGM words shall include but not
 
14 be limited to the following:
 
15      (1)  "Plat." or "Pt." for platinum; "Irid." or "Ir." for
 
16           iridium; "Pall." or "Pd." for palladium; "Ruth." or
 
17           "Ru." for ruthinium; "Rhod." or "Rh." for rhodium; and
 
18           "Osmi." or "Os." for osmium;
 
19      (2)  An industry product consisting of at least 950 parts
 
20           per thousand pure platinum may be marked or described
 
21           as "platinum";
 
22      (3)  An industry product consisting of 850 parts per
 
23           thousand pure platinum, 900 parts per thousand pure
 

 
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                                     S.B. NO.           370
                                                        
                                                        

 
 1           platinum, or 950 parts per thousand pure platinum may
 
 2           be marked "platinum", provided that the platinum
 
 3           marking is preceded by a number indicating the amount
 
 4           in parts per thousand of pure platinum, such as but not
 
 5           limited to, "950Pt.", "950Plat.", "900Pt.", "850Pt.",
 
 6           or "850Plat."; or
 
 7      (4)  An industry product consisting of at least 950 parts
 
 8           per thousand PGM, and of at least 500 parts per
 
 9           thousand pure platinum, may be marked "platinum",
 
10           provided that the mark of each PGM constituent is
 
11           preceded by a number indicating the amount in parts per
 
12           thousand of each PGM, such as but not limited to,
 
13           "600Pt.350Ir.", "600Plat.350Irid.", or
 
14           "550Pt.350Pd.50Ir.", "550Plat.350Pall.50Irid.".
 
15      (d)  No article of merchandise bearing a platinum quality or
 
16 fineness mark made in whole or in part of platinum or platinum
 
17 group metals, including platinum or platinum group metal articles
 
18 made in part with a part of gold or of an alloy of gold, shall be
 
19 offered for sale, or imported into, or exported from, the State
 
20 unless it is stamped, branded, or engraved with a trademark that
 
21 has been registered with the United States Patent and Trademark
 
22 Office."
 
23      SECTION 3.  Section 482D-1, Hawaii Revised Statutes, is
 

 
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                                     S.B. NO.           370
                                                        
                                                        

 
 1 amended by amending the definition of "stamped" to read as
 
 2 follows:
 
 3      ""Stamped" means branded[,] or engraved[, or printed] on the
 
 4 article[ or upon any sign, tag, card, label, box, package, cover,
 
 5 or wrapper used to encase, enclose, display or promote the
 
 6 article]."
 
 7      SECTION 4.  Section 482D-6, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]482D-6[]]  Quality marks; identifying trademarks.(a)
 
10 No article of merchandise bearing a quality or fineness mark made
 
11 in whole or in part of gold or silver or of an alloy of either
 
12 metal shall be sold, offered for sale, imported into, or exported
 
13 from the State unless it is stamped, branded, or engraved with a
 
14 trademark that has been registered under the laws of the United
 
15 States[ or applied for registration within thirty days of being
 
16 imported or offered for sale in the State].
 
17      (b)  Every article of merchandise which is composed of two
 
18 or more parts which are complete in themselves but which are not
 
19 identical in quality, and any one of the parts bears a quality
 
20 mark or stamp, each other part of that article of merchandise
 
21 shall bear a quality mark or stamp of like pattern and size
 
22 disclosing the quality of that other part.
 
23      (c)  Each identifying trademark applied to any article of
 

 
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                                     S.B. NO.           370
                                                        
                                                        

 
 1 merchandise in compliance with this section shall be applied,
 
 2 stamped, or branded in a position as close as possible to the
 
 3 quality mark or stamp and shall be as clear and legible as the
 
 4 quality mark."
 
 5      SECTION 5.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 6.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________