| NEWS BULLETIN: August 1, 2007
Will the NRC soon give
a green
light to blue
topaz?
By David Federman, Colored Stone Editor-in-Chief
The Nuclear Regulatory Commission is lending a sympathetic ear to jewelry industry
pleas for the ‘decriminalization’ of neutron-irradiated (a/k/a “London
Blue”) topaz.
In case you didn’t know, all topaz blued in a nuclear reactor is illegal
for sale unless tested and cleared as safe by a NRC-licensed distributor. Since
there are no licensed distributors in America, all “London Blue” topaz
imported into this country during the past decade is technically classifiable
as contraband. You heard right: contraband.
In late May, the agency sent inquiry letters to leading jewelry retailers asking
them for the names of their topaz suppliers and warning them that it was against
the law to buy from unlicensed sources. No wonder retailers—all of whom
were technically in violation of NRC blue topaz rules—quickly pulled their
blue topaz off of shelves.
THE “ROAD MAP” TO PEACE OF MIND
To calm nerves and prevent massive, potentially bankrupting returns of blue topaz
to vendors, the NRC agreed to a meeting on July 26th to begin a dialogue with
the jewelry industry. Led by Cecilia Gardner, chief counsel of the Jewelers Vigilance
Committee, the meeting resulted in a three-step “road map” to solution
of the blue topaz problem:
Step One was for major industry gem trade labs such as those run by the Gemological
Institute of America (GIA) and the American Gem Trade Association (AGTA) to turn
over all stone-testing data pertaining to blue topaz; Step Two was for the NRC
to visit New York and run thorough spot checks of topaz specialists’ inventory,
and Step Three was to work out an agreement with the agency on sales of existing
and future blue topaz merchandise.
On August 2nd, the NRC was set to travel to New York City and sample dealer
stocks of blue topaz. Based on the results of those tests, the agency would then
decide whether to allow retailers to sell off existing stocks of blue topaz jewelry.
But even if the NRC gives the go-ahead to sell old blue topaz merchandise,
that is not the same as giving an all-clear signal to future supplies. Big headaches
will remain.
A WIDER NET
Topaz isn’t blued using only neutron irradiation. It is also blued using
electron bombardment in linear accelerators. As of January 1, 2008, products irradiated
in these devices also come under NRC jurisdiction. This means that all blue topaz
will have to be bought from licensed distributors. This could create big kinks
in the supply chain.
NRC licenses—one to possess irradiated goods and the other to distribute
them—cost thousands of dollars and require holders to purchase expensive
testing equipment and to build storage facilities for stones that test above legal
release levels. That could place a big burden on the trade. That’s one reason
why the NRC is leaning toward allowing large licensed testing centers to clear
blue topaz for commerce and quarantine goods until they meet the agency’s
safety standards. Already, the Commission has received two applications to build
such licensed testing plants, with more on the way from leading gem labs eager
to expand services.
A CASE OF THE BLUE TOPAZ BLUES
Nevertheless, some retailers remain spooked by the blue topaz crisis—and
are not likely to return it to their counters any time soon. Why are they reluctant
to start selling blue topaz again?
The main reason is fear—in this case, justifiable fear. If it were to
become widely known that the industry was selling irradiated blue topaz illegally—even
if based merely on a technicality and not health alarms—jewelers foresee
liability suits being brought against them. So they are not taking any chances.
“When we heard about the NRC warning letter, we immediately stopped selling
all our blue topaz,” says one buyer for a major chain. “We wanted
to demonstrate that we were good nuclear citizens.”
Other retailers say that it was logistics as much as legality that forced them
to quit the irradiated blue topaz business. “So what if I’m given
the right to sell off my existing blue topaz merchandise,” says another
buyer. “I still have uncertainty about future supply. If there’s one
thing I don’t need it’s uncertainty as I’m going into the Christmas
season and have to worry about replacement of inventory.”
SEEKING AN ALTERNATIVE
Given the enormous popularity of blue topaz, how will retailers fill the sudden
void of this gem? Already many stores are experimenting with diffusion-coated
topaz that owes its color to a strong electro-chemically fused color layer. “We’re
having our gemologist subject coated blue topaz to every conceivable stress to
make sure it is a truly durable product,” says the first buyer. “If
it passes muster, we’ll probably use it as an irradiated blue topaz substitute.”
No wonder some in the gem trade suspect that producers of coated gems are behind
the NRC’s actions with regard to irradiated blue topaz. The NRC concedes
it received a complaint about one major retailer selling neutron-irradiated blue
topaz, but won’t reveal the complainer’s identity. However, it also
points out that the industry needed to be notified of its expanded authority with
regard to electron-irradiated topaz—and that it used the letter to put the
jewelry industry on notice.
In the mean time, the industry must explore other topaz-clearance options
with the NRC. There are a three open to it, says Certified Health Physicist Carol
Berger, president of Integrated Environmental Management in Gaithersburg, Maryland:
- Distribute irradiated gemstones as "exempt quantity" items, which
would have no regulatory impact on retailers and consumers but would require the
distributor to have a license.
- Petition the NRC for an “item-specific exemption” of irradiated
topaz from licensing requirements based on its long track record as a safe, non-hazardous
product, meaning the stones would be exempt from licensing requirements altogether.
Manufacturers of tungsten welding rods, mantles for camping lanterns, certain
glazed ceramic tableware, optical lenses and certain self-luminated watches received
and requested such an exemption.
- Petition for distribution of irradiated stones under a general license, similar
to the way smoke detectors, which contain radiation sources, are distributed.
This license gives retailers and consumers the right to buy a radioactive without
having to go through licensing steps. However, a specific license for distribution
of generally-licensed items would likely be required.
This was also sent out to our Colored Stone E-News mailing list members
as an e-mail news blast. Want to receive the latest up-to-date information on
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Read on for Part 2 of the story - the NRC Tests
NY Dealers Topaz Stocks
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