REPORT TITLE:
Platinum


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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2508
TWENTIETH LEGISLATURE, 2000                                
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.  The legislature finds that firms which sell
 
 2 platinum with a lower precious metal content than indicated by
 
 3 the quality mark or without a quality mark altogether, compete at
 
 4 an unfair advantage against legitimate firms selling legitimate
 
 5 items.  Existing federal law requires that items made of platinum
 
 6 bearing a mark stating fineness shall be within a specified
 
 7 tolerance of the fineness indicated and have a duly registered
 
 8 trademark.  The crimes of manufacturing, importing, and selling
 
 9 mismarked or unmarked platinum continue in Hawaii at the expense
 
10 of unsuspecting customers and legitimate merchants who cannot
 
11 compete with mismarked or unmarked merchandise.  This Act is
 
12 necessary to provide the means for local law enforcement to
 
13 protect Hawaii consumers and visitors.
 
14      The purpose of this Act is to strengthen and include
 
15 platinum in Hawaii's existing gold and silver stamping laws.
 
16      SECTION 2.  Chapter 482D, Hawaii Revised Statutes, is
 
17 amended by amending the title to read as follows:
 
18                        "[[]CHAPTER 482D[]]
 
19            GOLD [AND], SILVER, AND PLATINUM STAMPING"
 
20      SECTION 3.  Chapter 482D, Hawaii Revised Statutes, is
 

 
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                                     S.B. NO.           2508
                                                        
                                                        

 
 1 amended by adding a new section to be appropriately designated
 
 2 and to read as follows:
 
 3      "§482D-    Platinum; misuse of words.  (a)  It shall be an
 
 4 unfair or deceptive trade or practice under section 480-2 to use
 
 5 the words "platinum", "iridium", "palladium", "ruthenium",
 
 6 "rhodium", and "osmium", or any abbreviation to mark or describe
 
 7 all or part of an industry product if the marking or description
 
 8 misrepresents the product's true composition.  The platinum group
 
 9 metals ("PGM") are platinum, iridium, palladium, ruthenium,
 
10 rhodium, and osmium.
 
11      (b)  A misleading marking or description shall include but
 
12 not be limited to the following:
 
13      (1)  Use of "platinum" or any abbreviation, without
 
14           qualification, to describe all or part of an industry
 
15           product not composed throughout of 950 parts per
 
16           thousand pure platinum;
 
17      (2)  Use of "platinum" or any abbreviation accompanied by a
 
18           number indicating the parts per thousand of pure
 
19           platinum contained in the product without mention of
 
20           the number of parts per thousand of other PGM contained
 
21           in the product, to describe all or part of an industry
 
22           product that is not composed throughout of at least 850
 
23           parts per thousand pure platinum; or
 

 
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                                     S.B. NO.           2508
                                                        
                                                        

 
 1      (3)  Use of "platinum" or any abbreviation thereof, to mark
 
 2           or describe any product that is not composed throughout
 
 3           of at least 500 parts per thousand pure platinum.
 
 4      (c)  Non-misleading uses of PGM words shall include but not
 
 5 be limited to the following:
 
 6      (1)  "Plat." or "Pt." for platinum; "Irid." or "Ir." for
 
 7           iridium; "Pall." or "Pd." for palladium; "Ruth." or
 
 8           "Ru." for ruthinium; "Rhod." or "Rh." for rhodium; and
 
 9           "Osmi." or "Os." for osmium;
 
10      (2)  An industry product consisting of at least 950 parts
 
11           per thousand pure platinum may be marked or described
 
12           as "platinum";
 
13      (3)  An industry product consisting of 850 parts per
 
14           thousand pure platinum, 900 parts per thousand pure
 
15           platinum, or 950 parts per thousand pure platinum may
 
16           be marked "platinum"; provided that the platinum
 
17           marking is preceeded by a number indicating the amount
 
18           in parts per thousand of pure platinum, such as but not
 
19           limited to, "950Pt.", "950Plat.", "900Pt.", "850Pt.",
 
20           or "850Plat."; or
 
21      (4)  An industry product consisting of at least 950 parts
 
22           per thousand PGM, and of at least 500 parts per
 
23           thousand pure platinum, may be marked "platinum";
 

 
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                                     S.B. NO.           2508
                                                        
                                                        

 
 1           provided that the mark of each PGM constituent is
 
 2           preceeded by a number indicating the amount in parts
 
 3           per thousand of each PGM, such as but not limited to,
 
 4           "600Pt.350Ir.", "600Plat.350Irid.", or
 
 5           "550Pt.350Pd.50Ir.", "550Plat.350Pall.50Irid.".
 
 6      (d)  No article of merchandise bearing a platinum quality or
 
 7 fineness mark made in whole or in part of platinum or platinum
 
 8 group metals, including platinum or platinum group metal articles
 
 9 made in part with a part of gold or of an alloy of gold, shall be
 
10 offered for sale, or imported into, or exported from, the State
 
11 unless it is stamped, branded, or engraved with a trademark that
 
12 has been registered with the United States Patent and Trademark
 
13 Office."
 
14      SECTION 4.  Section 482D-1, Hawaii Revised Statutes, is
 
15 amended by amending the definition of "stamped" to read as
 
16 follows:
 
17      ""Stamped" means branded[,] or engraved[, or printed] on the
 
18 article [or upon any sign, tag, card, label, box, package, cover,
 
19 or wrapper used to encase, enclose, display or promote the
 
20 article]."
 
21      SECTION 5.  Section 482D-6, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "[[]§482D-6[]]  Quality marks; identifying trademarks.(a)
 

 
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                                     S.B. NO.           2508
                                                        
                                                        

 
 1 No article of merchandise bearing a quality or fineness mark made
 
 2 in whole or in part of gold or silver or of an alloy of either
 
 3 metal shall be sold, offered for sale, imported into, or exported
 
 4 from the State unless it is stamped, branded, or engraved with a
 
 5 trademark that has been registered under the laws of the United
 
 6 States [or applied for registration within thirty days of being
 
 7 imported or offered for sale in the State].
 
 8      (b)  Every article of merchandise which is composed of two
 
 9 or more parts which are complete in themselves but which are not
 
10 identical in quality, and any one of the parts bears a quality
 
11 mark or stamp, each other part of that article of merchandise
 
12 shall bear a quality mark or stamp of like pattern and size
 
13 disclosing the quality of that other part.
 
14      (c)  Each identifying trademark applied to any article of
 
15 merchandise in compliance with this section shall be applied,
 
16 stamped, or branded in a position as close as possible to the
 
17 quality mark or stamp and shall be as clear and legible as the
 
18 quality mark."
 
19      SECTION 6.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 7.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________