Lead Laws in the Us

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Please refer to the Regulations for specific information required on the label and where this information must appear on product labels. Even if a product is exempt from the CPSC requirements for lead in paint, a product may be banned by other federal agencies (e.g., the U.S. Environmental Protection Agency has restrictions on the use of lead-containing industrial coatings for bridges). No. Paper inks are not considered inks or similar coatings. See 16 CFR §1303.2(b)(1). Plain printing on paper is subject to meeting the total lead content requirement of 100 parts per million. However, in 16 CFR §1500.91, the Commission exempted paper and other similar materials and CMYK inks, commonly used in paper printing, from third-party testing for compliance with the lead requirement. In addition, Congress specifically exempted regular books and ordinary printed matter from third-party testing for compliance with general lead content requirements.

Several EPA programs deal with the disposal and clean-up of lead waste. The lead limit value for paints and surface coatings shall apply to: (i) paints and other similar surface coatings; (ii) toys and other objects intended for use by children; and (iii) certain furniture. Currently, the test methods applicable to the Lead in Paints and Other Surface Coatings Regulations are as follows: On April 22, 2008, the EPA published a new “Renovation, Repair and Painting” (RSO) regulation for the renovation of homes and buildings occupied by children constructed before 1978. [11] The rule (Federal Register: July 15, 2009 (volume 74, issue 134)) came into effect on April 22, 2010. The rule is that contractors who carry out renovation, repair and painting projects that interfere with lead-containing coatings (including lead paint, shellac or varnish) in child-occupied facilities built before 1978 must be certified and follow certain work practices to prevent lead contamination. The EPA`s EIA rule affects many construction industries, including general contractors and tradespeople, painters, plumbers, carpenters, glaziers, wood floor finishing bodybuilders, and electricians. Activities in all of these trades can interfere with lead-containing paints and can create hazardous lead dust. For most people, eight hours of training are required.

However, individuals who have successfully completed HUD or EPA-developed renovation courses, or a sanitation worker or EPA-accredited monitoring course or an authorized state or tribal program, can become certified renovators by completing a four-hour EPA-accredited refresher training. NCHH has worked with dozens of state and local governments to draft laws and regulations. NCHH`s support in this area has been leveraged because of our scientific research on the most effective ways to reduce domestic risks and the unique mix of our employees from public health and housing experience. In 2007, the Missouri Supreme Court and the New Jersey Supreme Court[19] also rejected the use of the public nuisance theory in lead paint lawsuits, leaving Ohio and California as the only two remaining public nuisance cases. The ACGIH has established a biological exposure index (BEI) for blood lead at 30 μg/dL. Lead-containing paint was widely used in the United States because of its durability. The United States banned the production of lead paints in 1978 for health reasons. In 1991, Health and Human Services Secretary Louis Wade Sullivan called lead “the greatest environmental threat to children`s health in the United States.” People are exposed to lead through air, drinking water, food, contaminated soil, paint deterioration and dust. [6] [7] Lead in the air enters the body by inhaling or swallowing lead particles or dust once it settles. Old lead-containing paint is the largest source of lead exposure in the United States.

[7] [8] Most homes built before 1960 contain heavily leaded paint. Some homes built as recently as 1978 may also contain lead paint. [ref. needed] The FDA has established a number of action levels (enforceable) and causes of concern for lead in various foods. These values are based on FDA calculations of how much lead a person can consume without adverse effects [FDA 2014, 1995 and 1994]. The District of Columbia defines “lead-based paint” as any “paint, surface coating containing lead equal to or greater than one milligram per square centimeter (1.0 mg/cm2) or 0.5% by weight.” [9] Some states have adopted these or similar definitions of “lead paint”. These definitions are used to apply regulations that apply to certain activities in homes built before 1978, such as the reduction or permanent elimination of a “lead-based paint hazard.” In addition to direct-to-consumer products, the Lead Paint and Surface Coatings Regulations apply to products used or appreciated by consumers after sale, such as paints used in homes, schools, hospitals, parks, playgrounds and public buildings, or other areas where consumers have direct access to the painted surface. Paints for boats and cars are not covered by the regulation.

The State of Rhode Island filed a public harassment lawsuit in 1999 (Rhode Island v. Lead Industries Association) to force former lead paint manufacturers to pay for the elimination of current lead risks in Rhode Island. After a trial that ended in hanging in 2002, the state resubmitted the case. In February 2006, the jury chose the state, stating that Sherwin-Williams, NL Industries and Millennium Holdings should pay for cleaning lead paint in the state. On July 1, 2008, the Rhode Island Supreme Court overturned the verdict in a landmark decision,[17] dismissing the case on the grounds that “the State of Rhode Island cannot state sufficient facts to make a public nuisance claim against lead pigment manufacturers.” [18] Yes. For toys, ASTM F963-17, Standard Consumer Safety Specification for Toy Safety, establishes additional limits for the levels of antimony, arsenic, barium, cadmium, chromium, lead, mercury and selenium, based on the soluble fraction of this material using an extraction method specified in the standard. Exempt, but must carry the marking restriction in 16 CFR § 1303.3(b): The following products are exempt as long as they are labeled with specific warnings that they contain lead: finishing coatings for agricultural and industrial equipment; coatings for the maintenance of buildings and equipment; products marketed exclusively for use on billboards, road signs and similar products; touch-up coatings for farm equipment, lawn and garden equipment and equipment; and catalyzed coatings marketed exclusively for use in remotely operated aircraft models. If you manufacture a product for general use, such as Non-Children`s Furniture, in order to create a General Certificate of Conformity (GCC), you must test the paint (in the dried state), test the finished product, and/or implement an appropriate testing program to ensure that your products do not contain lead levels in the paint that exceed the limit.

Contacting a paint manufacturer and seeking written assurances that their paint does not contain lead and/or requesting their test reports may be part of an appropriate testing program. Care must be taken to ensure that the paint or surface coating is compliant. Lead has long been considered a harmful environmental pollutant. The cited cases of lead poisoning date back to the early 20th century. [1] In the July 1904 issue of its monthly publication, paint manufacturer Sherwin-Williams reported on the dangers of lead-based paints, noting that an expert in French had considered lead paint to be “highly toxic to the workers and residents of a lead-painted house.” [2] Experts now use a higher baseline value of 97.5% of the population distribution for children`s blood lead, based on the National Health and Nutrition Survey (NHANES) estimate of the BLL distribution in children aged 1 to 5 years. In 2012-2015, the value for identifying children with significantly higher blood lead levels than most children is 5 micrograms per decilitre (5 μg/dL) [ACCLPP 2012].