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3.—(1) No person shall use nickel or its compounds in—
(a)a post assembly intended to be inserted into a pierced part of the human body unless the rate of nickel release from the post assembly is less than 0.2μg/cm2/week;
(b)a product to which paragraph (2) below applies if the rate of nickel release from those parts of the product which come into direct and prolonged contact with the skin is greater than 0.5μg/cm2/week; and
(c)a product to which paragraph (2) below applies and which has a non-nickel coating unless such coating is sufficient to ensure than the rate of nickel release from those parts of the product which come into direct and prolonged contact with the skin does not exceed 0.5μg/cm2/week for a period of at least two years of normal use of the product.
(2) This paragraph applies to a product intended to come into direct and prolonged contact with the skin including—
(a)earrings;
(b)necklaces, bracelets, chains, anklets and finger rings;
(c)wrist-watch cases, watch straps and tighteners; and
(d)rivet buttons, tighteners, rivets, zippers and metal marks contained in or intended to be used in garments.
(3) No person shall supply a post assembly or product which contravenes a requirement of paragraph (1) above but it shall not be unlawful to supply a post assembly which it was permitted to supply under the Dangerous Substances and Preparations (Nickel) (Safety) Regulations 2000 and which was first placed on the market in a Member State before these Regulations came into force.
(4) The prohibitions in paragraphs (1) and (3) above do not apply to a post assembly or product which—
(a)is intended for export to a country which is not Member State;
(b)is intended for research and development or analysis purposes;
(c)was first placed on the market in a Member State before 20th January 2000.
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