15 USC 1278 - Children’s products containing lead; lead paint rule

View all text of Chapter 30 [§ 1261 - § 1278a]

§ 1278a. Children’s products containing lead; lead paint rule

(a) General lead ban

(1) Treatment as a banned hazardous substance

(2) Lead limit

(A) 600 parts per million

(B) 300 parts per million

(D) Alternate reduction of limit

(E) Periodic review and further reductions

(3) Application

(b) Exclusion of certain materials or products and inaccessible component parts

(1) Functional purpose exception

(A) In generalThe Commission, on its own initiative or upon petition by an interested party, shall grant an exception to the limit in subsection (a) for a specific product, class of product, material, or component part if the Commission, after notice and a hearing, determines that—

(i) the product, class of product, material, or component part requires the inclusion of lead because it is not practicable or not technologically feasible to manufacture such product, class of product, material, or component part, as the case may be, in accordance with subsection (a) by removing the excessive lead or by making the lead inaccessible;

(ii) the product, class of product, material, or component part is not likely to be placed in the mouth or ingested, taking into account normal and reasonably foreseeable use and abuse of such product, class of product, material, or component part by a child; and

(iii) an exception for the product, class of product, material, or component part will have no measurable adverse effect on public health or safety, taking into account normal and reasonably foreseeable use and abuse.

(B) Measurement

(i) Burden of proof

(ii) Grounds for decision

(iii) Admissible evidence

(iv) Scope of exception

(D) Limitation on exceptionIf the Commission grants an exception for a product, class of product, material, or component part under subparagraph (A), the Commission may, as necessary to protect public health or safety—

(i) establish a lead limit that such product, class of product, material, or component part may not exceed; or

(ii) place a manufacturing expiration date on such exception or establish a schedule after which the manufacturer of such product, class of product, material, or component part shall be in full compliance with the limit established under clause (i) or the limit set forth in subsection (a).

(E) Application of exception

(F) Previously submitted petitions

(2) Exception for inaccessible component parts

(A) In general

(B) Inaccessibility proceeding

(3) Certain barriers disqualified

(4) Certain electronic devicesIf the Commission determines that it is not technologically feasible for certain electronic devices, including devices containing batteries, to comply with subsection (a), the Commission, by regulation, shall—

(A) issue requirements to eliminate or minimize the potential for exposure to and accessibility of lead in such electronic devices, which may include requirements that such electronic devices be equipped with a child-resistant cover or casing that prevents exposure to and accessibility of the parts of the product containing lead; and

(B) establish a schedule by which such electronic devices shall be in full compliance with the limits in subsection (a), unless the Commission determines that full compliance will not be technologically feasible for such devices within a schedule set by the Commission.

(5) Exception for off-highway vehicles

(A) In general

(B) Off-highway vehicle definedFor purposes of this section, the term “off-highway vehicle”—

(i) means any motorized vehicle—(I) that is manufactured primarily for use off public streets, roads, and highways;(II) designed to travel on 2, 3, or 4 wheels; and(III) that has either—(aa) a seat designed to be straddled by the operator and handlebars for steering control; or(bb) a nonstraddle seat, steering wheel, seat belts, and roll-over protective structure; and

(ii) includes a snowmobile.

(6) Bicycles and related products

(7) Exclusion of certain used children’s products

(A) General exclusion

(B) DefinitionIn this paragraph, the term “used children’s product” means a children’s product (as defined in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)) 1

1 So in original. Probably should be “2052(a)))”.

that was obtained by the seller for use and not for the purpose of resale or was obtained by the seller, either directly or indirectly, from a person who obtained such children’s product for use and not for the purpose of resale. Such term also includes a children’s product that was donated to the seller for charitable distribution or resale to support charitable purposes. Such term shall not include—

(i) children’s metal jewelry;

(ii) any children’s product for which the donating party or the seller has actual knowledge that the product is in violation of the lead limits in this section; or

(iii) any other children’s product or product category that the Commission determines, after notice and a hearing.

For purposes of this definition, the term “seller” includes a person who lends or donates a used children’s product.

(8) Periodic review

(d) Technological feasibility definedFor purposes of this section, a limit shall be deemed technologically feasible with regard to a product or product category if—

(1) a product that complies with the limit is commercially available in the product category;

(2) technology to comply with the limit is commercially available to manufacturers or is otherwise available within the common meaning of the term;

(3) industrial strategies or devices have been developed that are capable or will be capable of achieving such a limit by the effective date of the limit and that companies, acting in good faith, are generally capable of adopting; or

(4) alternative practices, best practices, or other operational changes would allow the manufacturer to comply with the limit.

(e) Pending rulemaking proceedings to have no effectThe pendency of a rulemaking proceeding to consider—

(1) a delay in the effective date of a limit or an alternate limit under this section related to technological feasibility,

(2) an exception for certain products or materials or inaccessibility guidance under subsection (b) of this section, or

(3) any other request for modification of or exemption from any regulation, rule, standard, or ban under this Act or any other Act enforced by the Commission,

shall not delay the effect of any provision or limit under this section nor shall it stay general enforcement of the requirements of this section.

(f) More stringent lead paint ban

(1) In general

(2) Periodic review and reduction

(3) Methods for screening lead in small painted areas

(4) Alternative methods of measuring lead in paint generally

(A) Study

(B) Rulemaking

(5) Periodic review

(6) No effect on legal limit

(7) Construction

(g) Treatment as a regulation under the FHSA

(Pub. L. 110–314, title I, § 101, Aug. 14, 2008, 122 Stat. 3017; Pub. L. 112–28, §§ 1, 10(b), Aug. 12, 2011, 125 Stat. 273, 283.)