(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 (0.06 percent is reduced to 0.009 percent effective August 14, 2009 as mandated by Congress in section 101(f) of the Consumer Product Safety Improvement Act of 2008, Pub. L. 110-314) 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. 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 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 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 that no feasible consumer product safety standard under the CPSA would adequately protect the public from this risk. The 0.06 percent is reduced to 0.009 percent effective August 14, 2009 as mandated by Congress in section 101(f) of the Consumer Product Safety Improvement Act of 2008, Public Law 110-314.
(d) Any ban or rule promulgated under 16 CFR 1303.1 shall be considered a regulation of the Commission promulgated under or for the enforcement of section 2(q) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)).
[42 FR 44199, Sept. 1, 1977, as amended at 73 FR 77493, Dec. 19, 2008]
Notes of Decisions
Antwaun A. Ex Rel. Muwonge v. Heritage Mut. Ins., 596 N.W.2d 456 (Wis. 1999).
· cites it 4× “16 C.F.R. § 1303.1 (1999). Both the Environmental Protection Agency (EPA) and Department of Housing and Urban Development (HUD) have also set 1978 as the threshold date for "target housing"housing that is likely to contain lead-based paint.”
State v. Lead Indus., Ass'n, Inc., 951 A.2d 428 (R.I. 2008).
“See Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paints, 16 C.F.R. § 1303.1 (2008); see also Office of Lead-Based Paint Abatement and Poisoning Prevention, 61 Fed.”
Brownlee v. Liberty Mut. Fire Ins. Co., 175 A.3d 697 (Md. 2017).
· cites it 2× “16 C.F.R. § 1303.1 . Later codified in the United States Code, Congress found that the Federal response to the national crisis was severely limited but identified a national goal of eliminating lead-based paint hazards in housing.”
In Re Mattel, Inc., 588 F. Supp. 2d 1111 (C.D. Cal. 2008).
“See 16 C.F.R. § 1303.1 . There is no allegation that the toy blood pressure cuffs “bear lead-containing paint,” only that they are high in lead content.”
Town of Lexington v. Pharmacia Corp., 133 F. Supp. 3d 258 (D. Mass. 2015).
“Ass’n, the plaintiff sued a group of lead pigment manufacturers to compel them to remove lead paint from city-owned buildings.”
Am. Apparel & Footwear Ass'n, Inc. v. Dave Baden, 107 F.4th 934 (9th Cir. 2024).
“, 16 C.F.R. § 1303.1 (a) (banning toys and other articles intended for use by children that bear “lead-containing paint” and furniture articles for consumer use that bear “lead-containing paint”); 16 C.”
Nesmith v. Allstate Ins., 103 A.D.3d 190 (N.Y. App. Div. 2013).
“Furthermore, there is no evidence that the owner added other lead paint to the apartment in the interim, and indeed paint containing lead could not legally have been sold anywhere in the United States for more than 15 years prior to that time (see 16 CFR 1303.1; 42 Fed Reg 44199…”
Am. Apparel & Footwear Ass'n, Inc. v. Schroeder (D. Or. 2022).
· cites it 2× “In 16 C.F.R. § 1303.1 , the CPSC expressly stated that it 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.”
A Cmty. Voice v. Usepa, 997 F.3d 983 (9th Cir. 2021).
“” 16 CFR § 1303.1 (a). Under the EPA’s definition, lead-paint is not hazardous until it is over fifty-five times higher than the CPSC’s definition.”
Haley v. Ellis, 414 F. Supp. 2d 613 (S.D. Miss. 2005).
“16 C.F.R. § 1303.1 (a) provides in pertinent part: (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…”
Nesmith, Jannie v. Allstate Ins. Co. (N.Y. App. Div. 2013).
“Furthermore, there is no evidence that the owner added other lead paint to the apartment in the interim, and indeed paint containing lead could not legally have been sold anywhere in the United States for more than 15 years prior to that time (see 16 CFR 1303.1; 42 FR 44199 ).…”
Nesmith v. Allstate Ins., 103 A.D.3d 190 (N.Y. App. Div. 2013).
“Furthermore, there is no evidence that the owner added other lead paint to the apartment in the interim, and indeed paint containing lead could not legally have been sold anywhere in the United States for more than 15 years prior to that time (see 16 CFR 1303.1; 42 Fed Reg 44199…”
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