Following my last article, which dealt with the new Hallmarking Laws, I have received numerous messages requesting information and clarification that specifically relates to Trading Standards and the sale of jewellery items, and how it is that items are not meeting Trading Standards legislation.

When is a hallmark a legal requirement?

The current legislation is the Hallmarking Act 1973, which has been amended by Hallmarking (Exempted Articles) (Amendment) Order 1975, the Hallmarking (International Convention) Order 1976 (as amended), the Hallmarking (Exempted Articles) Orders 1982 and 1986, and the Hallmarking (Approved Hallmarks) Regulations 1986. Further changes to the legislation were made by the Hallmarking (Hallmarking Act Amendment) Regulations 1998, to bring the UK legislation in line with the rest of Europe.

The above laws apply to EVERYTHING sold in the UK, that is made of gold, platinum, silver and sterling silver, regardless of where it may have been manufactured and whether it does, or does not contain stones or gems. The only exemptions, (covered by the above exemption laws stated above), are items that fall beneath the specific weight thresholds. The thresholds are 1 gram for gold, 7.78 grams for silver and 0.5 grams for platinum.

If you sell an item of gold that weighs more than 1 gram, or an item of sterling silver that weighs more than 7.78 grams, or an item of platinum that weighs more than 0.5 grams, the piece by law MUST be hallmarked.

A hallmark is NOT a minisimal mark! Please refer to my other guide, that explains in detail, what a hallmark is and just how many components form a hallmark. A minisimal mark, i.e 925 stamped on a piece of sterling silver, is NOT a hallmark.

If you sell any item in the UK and the pieces exceeed the exempt weight levels and there is no hallmark, YOU ARE BREAKING THE LAW. This is regardless of whether you sell on EBay or in a retail store. Please take the time to read all the information available at theassayoffice.co.uk

Reading various trading forums and the EBay chat rooms, I have concluded that some sellers are assuming that Trading Standards do not have the man power or ability to check every sale on EBay and therefore, seem to assume that EBay is a 'safe' place on which to trade pieces of jewellery that are not hallmarked when they should be. Please will sellers remember that every single buyer has the access to Trading Standards!  If you sell a item of gold, silver, sterling silver or platinum on EBay, anywhere in Europe, your buyer can contact Trading Standards regarding the sale and receipt of an item that is not appropriately hallmarked. The laws are there to protect buyers! Traders are initially buyers, so as equally as the law is there to protect the end consummer, it is as equally there for the wholesale buyer.

The Nickel Directive

In addition to the above, all sellers of jewellery items must be aware of the Nickel Directive. Whilst the Hallmarking Legislation makes provision for the use of base metals in items of jewellery, i.e. copper to form sterling silver and base metals to form the pin on a brooch, the Nickel Directive must also be adhered to when considering base metals used in jewellery.

'The use of nickel is regulated in products which are intended to come into prolonged and direct contact with the skin, as it may cause an allergic reaction' theassayoffice.co.uk

It is the seller that is responsible for the sale of goods and therefore, it is the responsibility of the seller to ensure they do not sell items that contain more than 0.05% nickel.