U.S. Code » Title 42 » Chapter CHAPTER 63— LEAD-BASED PAINT POISONING PREVENTION › Subchapter SUBCHAPTER IV— PROHIBITION AGAINST FUTURE USE OF LEAD-BASED PAINT

42 U.S.C. § 4831

Use of lead-based paint

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(a) Prohibition by Secretary of Health and Human Services in application to cooking, drinking, or eating utensils

The Secretary of Health and Human Services shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any cooking utensil, drinking utensil, or eating utensil manufactured and distributed after January 13, 1971.

(b) Prohibition by Secretary of Housing and Urban Development of use in residential structures constructed or rehabilitated by Federal Government or with Federal assistance

The Secretary of Housing and Urban Development shall take steps and impose such conditions as may be necessary or appropriate to prohibit the use of lead-based paint in residential structures constructed or rehabilitated by the Federal Government, or with Federal assistance in any form after January 13, 1971.

(c) Prohibition by Consumer Product Safety Commission in application to toys or furniture articles

The Consumer Product Safety Commission shall take such steps and impose such conditions as may be necessary or appropriate to prohibit the application of lead-based paint to any toy or furniture article.

(Pub. L. 91–695, title IV, § 401, Jan. 13, 1971, 84 Stat. 2079; Pub. L. 93–151, § 5, Nov. 9, 1973, 87 Stat. 566; Pub. L. 94–317, title II, § 204(b), June 23, 1976, 90 Stat. 705; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Editorial NotesReferences in Text

January 13, 1971, referred to in subsecs. (a) and (b), was in the original “the date of enactment of this Act”.

Amendments

1976—Pub. L. 94–317 amended section generally, designating existing provisions as subsec. (a), striking out requirement of consultation with Secretary of Housing and Urban Development and provisions relating to prohibition of use of lead based paint in residential structures constructed or rehabilitated by Federal Government or with Federal assistance, and adding subsecs. (b) and (c).

1973—Pub. L. 93–151 amended section generally, providing for consultation of the Secretaries, incorporating existing provisions as cl. (1), and adding cl. (2).

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1973–2023 · leading case: Scientists' Inst. for Pub. Info., Inc. v. Atomic Energy Comm'n, 481 F.2d 1079 (D.C. Cir. 1973).
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Scientists' Inst. for Pub. Info., Inc. v. Atomic Energy Comm'n, 481 F.2d 1079 (D.C. Cir. 1973). “” 40 NEPA’s objective of controlling the impact of technology on the environment cannot be served by all practicable means, see 42 U.S.C. § 4831 (b) (1970), unless the statute’s action forcing impact statement process 41 is applied to ongoing federal agency programs aimed at…”
Wyoming v. United States Dep't of Agric., 277 F. Supp. 2d 1197 (D. Wyo. 2003). “See 42 U.S.C. § 4831 (a). Wyoming requested cooperating agency status early in the scoping process; however, the Forest Service did not even see fit to respond to that request until after the draft EIS was released.”
Felton, by Felton v. Spratley, 640 A.2d 1358 (Pa. Super. Ct. 1994). · cites it 2× “See 42 U.S.C.A. § 4831 (a)-(c). Yet, the promulgation of affirmative steps to "remov[e and] .”
Ashton v. Pierce, 716 F.2d 56 (D.C. Cir. 1983). “Section 401 mandates federal agency action to prohibit the use of lead-based paint on “any cooking utensil, drinking utensil, or eating utensil,” 42 U.S.C. § 4831 (a) (1976), and on “any toy or furniture article,” id.”
CITY-WIDE COALITION, ETC. v. Philadelphia Hous. Auth., 356 F. Supp. 123 (E.D. Pa. 1973). “” ( 42 U.S.C. § 4831 ). Present HUD regulations do prohibit future use of any lead-based *130 paint for repainting HUD and HUD assisted housing, and no complaint is made as to lack of governmental compliance with Subchapter IV.”
Montana Snowmobile Ass'n v. Wildes, 26 F. App'x 762 (9th Cir. 2002). “9 (c)(l)(ii), which requires supplemental National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4831 , analysis whenever “...”
Lujerio Cordero v. Transamerica Annuity Serv. Corp. (NY 2023). “13, 1971]; 42 USC § 4831 ). Beginning in the 1970s, research demonstrated that lead caused “irreversible, asymptomatic effects far below levels previously considered safe” (Marie Lynn Miranda et al.”
Haley v. Ellis, 414 F. Supp. 2d 613 (S.D. Miss. 2005). “Title 42 U.S.C. § 4831 (b) provides: (b) Prohibition by Secretary of Housing and Urban Development of use in residential structures constructed or rehabilitated by Federal government or with Federal assistance.”
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