[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1303.1]

[Page 376-377]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1303--BAN OF LEAD-CONTAINING PAINT AND CERTAIN CONSUMER PRODUCTS BEARING LEAD-CONTAINING PAINT--Table of Contents
 
Sec. 1303.1  Scope and application.

    (a) In this part 1303, the Consumer Product Safety Commission 
declares that paint and similar surface-coating materials for consumer 
use that contain lead or lead compounds and in which the lead content 
(calculated as lead metal) is in excess of 0.06 percent of the weight of 
the total nonvolatile content of the paint or the weight of the dried 
paint film (which paint and similar surface-coating materials are 
referred to hereafter as ``lead-containing paint'') are banned hazardous 
products under sections 8 and 9 of the Consumer Product Safety Act 
(CPSA), 15 U.S.C. 2057, 2058. (See parts 1145.1 and 1145.2 for the 
Commission's finding under section 30(d) of the Consumer Product Safety 
Act (CPSA) that it is in the public interest to regulate lead-containing 
paint and certain consumer products bearing such paint under the CPSA.) 
The following consumer products are also declared to be banned hazardous 
products:
    (1) Toys and other articles intended for use by children that bear 
``lead-containing paint''.
    (2) Furniture articles for consumer use that bear ``lead-containing 
paint''.
    (b) This ban applies to the products in the categories described in 
paragraph (a) of this section that are manufactured after February 27, 
1978, and which are ``consumer products'' as that term is defined in 
section 3(a)(1) of the Consumer Product Safety Act. Accordingly, those 
of the products described above that are customarily produced or 
distributed for sale to or for use, consumption, or enjoyment of 
consumers in or around a household, in schools, in recreation, or 
otherwise are covered by the regulation. Paints and coatings for motor 
vehicles and boats are not included within the scope of the ban because 
they are outside the statutory definition of ``consumer product''. In 
addition to those products which are sold directly to consumers, the ban 
applies to products which are used or enjoyed by consumers after sale, 
such as paints used in residences, schools, hospitals, parks, 
playgrounds, and public

[[Page 377]]

buildings or other areas where consumers will have direct access to the 
painted surface.
    (c) The Commission has issued the ban because it has found (1) that 
there is an unreasonable risk of lead poisoning in children associated 
with lead content of over 0.06 percent in paints and coatings to which 
children have access and (2) that no feasible consumer product safety 
standard under the CPSA would adequately protect the public from this 
risk.